7 U.S.C. § 7803 — Issuance of orders
submitted 26 years ago by Pub. L. 106-387 to r/title-7-AGRICULTURE · 294 words · no verdicts yet
This section tells the Secretary of Agriculture how to issue a Hass avocado marketing order. The order must cover the whole country, and only one can be active at a time. It follows a public proposal-and-comment process.
(a) In general.
(1) Issuance. To carry out this chapter's policy stated in section 7801(b), the Secretary* must issue orders under this chapter that apply to producers, importers, and first handlers of Hass avocados, following the process in (b).
(2) Scope. Any order* must apply nationwide.
(3) One order. Only one order can be in effect at any given time.
(b) Procedures.
(1) Proposal for an order. An existing state*-chartered organization of avocado producers, or anyone else who would be affected by this chapter, may ask the Secretary to issue an order and submit a proposal for one.
(2) Publication of proposal. Within 60 days of getting a proposal from a state-chartered producer* organization, the Secretary must publish the proposed order and give the public a chance to comment on it.
(3) Issuance of order. (A) After that public comment period, the Secretary must issue the order, taking the comments into account and including whatever provisions are needed to make sure the order follows this chapter. (B) The order must be issued and become effective only after an affirmative vote in a referendum under section 7805. It must be issued no later than 180 days after the proposed order was published.
(c) Amendments. The Secretary may amend an order from time to time. The same rules that apply to an order also apply to any amendment of it.
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), shall issue orders under this chapter applicable to producers, importers, and first handlers of Hass avocados.
Any order* shall be national in scope.
Not more than one order shall be in effect at any one time.
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.
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).
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.
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.
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.
Source credit: (Pub. L. 106–387, § 1(a) [title XII, § 1204], Oct. 28, 2000, 114 Stat. 1549, 1549A–81.)
- 2000Enacted · Pub. L. 106-387 · 114 Stat. 1549, 1549
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-387 on 2000-10-28.
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