§ 6309. — Administrative provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6309]
TITLE 7--AGRICULTURE
CHAPTER 92--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 6309. Administrative provisions
(a) Construction
Except as provided in subsection (b) of this section, nothing in
this chapter may be construed to--
(1) preempt or supersede any other program relating to soybean
promotion, research, consumer information, or industry information
organized and operated under the laws of the United States or any
State; or
(2) authorize the withholding of any information from Congress.
(b) State laws
(1) Referenda on qualified State soybean boards
To ensure the proper administration of this chapter, no State
may conduct a referendum relating to the continuation or termination
of a qualified State soybean board or State soybean assessment--
(A) during the period beginning on the date an order is
issued under section 6303 of this title and ending 18 months
after the referendum on such order is conducted under section
6305(a) of this title; or
(B) if such order is approved under the referendum conducted
under section 6305(a) of this title by a majority of producers
voting in such State, such State law shall be suspended for an
additional 36 months.
(2) Exception
Paragraph (1) shall not be construed to apply to--
(A) a State referendum concerning the approval of
modifications to a State soybean promotion program that does not
involve termination of the qualified State soybean board or
State soybean assessment; and
(B) any State referendum regarding a State soybean promotion
program that is originated by soybean producers.
(3) Assessments collected by qualified State soybean boards
To ensure adequate funding of the operations of qualified State
soybean boards under this chapter, whenever an order is in effect
under this chapter, no State law or regulation that limits the rate
of assessment that the qualified State soybean board in that State
may collect from producers on soybeans produced in such State, or
that has the effect of limiting such rate, may be applied to
prohibit such State board from collecting, and expending for
authorized purposes, assessments from producers of up to the full
amount of the credit authorized for producer contributions to
qualified State soybean boards under section 6304(l)(4) of this
title.
(c) Amendments to orders
The provisions of this chapter applicable to orders shall be
applicable to amendments to orders.
(Pub. L. 101-624, title XIX, Sec. 1974, Nov. 28, 1990, 104 Stat. 3903;
Pub. L. 102-237, title VIII, Sec. 806(3), Dec. 13, 1991, 105 Stat.
1883.)
Amendments
1991--Subsec. (b). Pub. L. 102-237, Sec. 806(3)(B), redesignated
second subsec. (b), relating to amendments to orders, as (c).
Subsec. (b)(3). Pub. L. 102-237, Sec. 806(3)(A), substituted
``section 6304(l)(4)'' for ``section 6304(k)(4)''.
Subsec. (c). Pub. L. 102-237, Sec. 806(3)(B), redesignated second
subsec. (b), relating to amendments of orders, as (c).
