§ 7803. — 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: 7USC7803]
TITLE 7--AGRICULTURE
CHAPTER 105--HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION
Sec. 7803. Issuance of orders
(a) In general
(1) Issuance
To effectuate the policy of this chapter specified in section
7801(b) of this title, the Secretary, subject to the procedures
provided in subsection (b) of this section, shall issue orders under
this chapter applicable to producers, importers, and first handlers
of Hass avocados.
(2) Scope
Any order shall be national in scope.
(3) One order
Not more than one order shall be in effect at any one time.
(b) Procedures
(1) Proposal for an order
An existing organization of avocado producers established
pursuant to a State statute, or any other person who will be
affected by this chapter, may request the issuance of, and submit a
proposal for an order.
(2) Publication of proposal
The Secretary shall publish a proposed order and give notice and
opportunity for public comment on the proposed order not later than
60 days after receipt by the Secretary of a proposal for an order
from an existing organization of avocado producers established
pursuant to a State statute, as provided in paragraph (1).
(3) Issuance of order
(A) In general
After notice and opportunity for public comment are provided
in accordance with paragraph (2), the Secretary shall issue the
order, taking into consideration the comments received and
including in the order such provisions as are necessary to
ensure that the order is in conformity with this chapter.
(B) Effective date
The order shall be issued and become effective only after an
affirmative vote in a referendum as provided in section 7805 of
this title, but not later than 180 days after publication of the
proposed order.
(c) Amendments
The Secretary, from time to time, may amend an order. The provisions
of this chapter applicable to an order shall be applicable to any
amendment to an order.
(Pub. L. 106-387, Sec. 1(a) [title XII, Sec. 1204], Oct. 28, 2000, 114
Stat. 1549, 1549A-81.)
Section Referred to in Other Sections
This section is referred to in sections 7804, 7805 of this title.
