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7 U.S.C. § 7803Issuance of orders

submitted 26 years ago by Pub. L. 106-387 to r/title-7-AGRICULTURE · 294 words · no verdicts yet

in plain englishAI-generated · not legal advice

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 only takes effect after producers approve it in a referendum under section 7805, and 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.
the actual law source: uscode.house.gov ↗public domain
(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), 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.

Source credit: (Pub. L. 106–387, § 1(a) [title XII, § 1204], Oct. 28, 2000, 114 Stat. 1549, 1549A–81.)

history & why it existsrecord from the source credit
  • 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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