§ 7463. — Issuance of orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7463]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER IV--KIWIFRUIT
Sec. 7463. Issuance of orders
(a) Issuance
To effectuate the purposes of this subchapter specified in section
7461(b) of this title, the Secretary shall issue an order applicable to
producers, handlers, and importers of kiwifruit. Any such order shall be
national in scope. Not more than 1 order shall be in effect under this
subchapter at any 1 time.
(b) Procedure
(1) Proposal for issuance of order
Any person that will be affected by this subchapter may request
the issuance of, and submit a proposal for, an order under this
subchapter.
(2) Proposed order
Not later than 90 days after the receipt of a request and
proposal for an order, the Secretary shall publish a proposed order
and give due notice and opportunity for public comment on the
proposed order.
(3) Issuance of order
After notice and opportunity for public comment are provided
under paragraph (2), the Secretary shall issue an order, taking into
consideration the comments received and including in the order
provisions necessary to ensure that the order is in conformity with
this subchapter.
(c) Amendments
The Secretary may amend any order issued under this section. The
provisions of this subchapter applicable to an order shall be applicable
to an amendment to an order, except that an amendment to an order shall
not require a referendum to become effective.
(Pub. L. 104-127, title V, Sec. 554, Apr. 4, 1996, 110 Stat. 1065; Pub.
L. 105-185, title VI, Sec. 603(a), June 23, 1998, 112 Stat. 585.)
Amendments
1998--Subsec. (c). Pub. L. 105-185 inserted ``, except that an
amendment to an order shall not require a referendum to become
effective'' before period at end.
Section Referred to in Other Sections
This section is referred to in sections 7462, 7464, 7465, 7466,
7470, 7471 of this title.
