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7 U.S.C. § 4613 — Implementation of amendments made by Agricultural Research, Extension, and Education Reform Act of 1998

submitted 28 years ago by Pub. L. 98-590 to r/title-7-AGRICULTURE · 715 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must update the honey program order to reflect specified 1998 amendments and hold a referendum on it. This section explains eligible voters, voting quantities, rejection of the amended order, and later referenda.

(a) Issuance of amended order. To implement section 605 amendments to this chapter, except subsection (m), the Secretary must issue an amended order under section 4603 reflecting them.

(b) Proposal. Within 90 days after June 23, 1998, the Secretary must publish a proposed order under section 4603 and provide notice and public comment under section 4604.

(c) Issuance. Within 240 days after publication, the Secretary must issue an order under section 4605, considering comments and including provisions needed to conform it to section 605.

(d) Referendum. (1)(A) When that order is issued, the Secretary must hold a referendum solely on whether the amended order becomes effective. (B) No individual provision may receive a separate vote. (2) The voters are people subject to assessment who were producers, producer-packers, importers, or handlers during the 2 calendar years before the referendum, called the representative period. This section does not otherwise define those quoted terms. (3)(A) Producer-packers, importers, and handlers vote as if the amended order had been in place and they owed its increased assessments. (B) Votes and attributed quantities for producer-packers and importers are determined under section 4611. (C) For a handler, attributed quantity is the amount handled during the representative period for which the handler would have owed assessments under the amended order. (4) The amended order becomes effective only if the Secretary determines it is effective under section 4611.

(e) Continuation if rejected. If adoption is not approved, (1) the section 4603 order in effect on June 23, 1998, continues in full force, and (2) the Secretary may amend it to conform to this chapter as it existed the day before June 23, 1998.

(f) Subsequent orders. (1) Subject to (2), after rejection the Secretary may issue an order implementing some or all section 605 amendments or making other changes, using sections 4604 and 4605 procedures. (2) An amendment implementing a referendum-required provision must be approved under section 4611 before it takes effect.

(g) If the amended order becomes effective, a referendum otherwise required under section 4612(c) may not occur until 5 years after this referendum.

the actual law source: uscode.house.gov ↗public domain
(a) Issuance of amended order

To implement the amendments made to this chapter by section 605 of the Agricultural Research, Extension, and Education Reform Act of 1998 (other than subsection (m) of that section), the Secretary shall issue an amended order under section 4603 of this title that reflects those amendments.

(b) Proposal of amended order

Not later than 90 days after June 23, 1998, the Secretary shall publish a proposed order under section 4603 of this title that reflects the amendments made by section 605 of the Agricultural Research, Extension, and Education Reform Act of 1998. The Secretary shall provide notice and an opportunity for public comment on the proposed order in accordance with section 4604 of this title.

(c) Issuance of amended order

Not later than 240 days after publication of the proposed order, the Secretary shall issue an order under section 4605 of this title, taking into consideration the comments received and including in the order such provisions as are necessary to ensure that the order conforms with the amendments made by section 605 of the Agricultural Research, Extension, and Education Reform Act of 1998.

(d) Referendum on amended order
(1) Requirement
(A) In general

On issuance of an order under section 4605 of this title reflecting the amendments made by section 605 of the Agricultural Research, Extension, and Education Reform Act of 1998, the Secretary shall conduct a referendum under this section for the sole purpose of determining whether the order as amended shall become effective.

(B) Individual provisions

No individual provision of the amended order shall be subject to a separate vote under the referendum.

(2) Eligible voters

The Secretary shall conduct the referendum among persons subject to assessment under the order that have been producers, producer-packers, importers, or handlers during the 2-calendar-year period that precedes the referendum, which period shall be considered to be the representative period.

(3) Determination of quantity
(A) In general

Producer-packers, importers, and handlers shall be allowed to vote as if—

(i)

the amended order had been in place during the representative period described in paragraph (2); and

(ii)

they had owed the increased assessments provided by the amended order.

(B) Votes and attributed quantity for producer-packers and importers

The votes and the quantity of honey and honey products attributed to the votes of producer-packers and importers shall be determined in accordance with section 4611 of this title.

(C) Attributed quantity for handlers

The quantity of honey and honey products attributed to the vote of a handler shall be the quantity handled in the representative period described in paragraph (2) for which the handler would have owed assessments had the amended order been in effect.

(4) Effectiveness of order

The amended order shall become effective only if the Secretary determines that the amended order is effective in accordance with section 4611 of this title.

(e) Continuation of existing order if amended order is rejected

If adoption of the amended order is not approved—

(1)

the order issued under section 4603 of this title that is in effect on June 23, 1998, shall continue in full force and effect; and

(2)

the Secretary may amend the order to ensure the conformity of the order with this chapter (as in effect on the day before June 23, 1998).

(f) Effect of rejection on subsequent orders
(1) In general

Subject to paragraph (2), if adoption of the amended order is not approved in the referendum required under subsection (d), the Secretary may issue an amended order that implements some or all of the amendments made to this chapter by section 605 of the Agricultural Research, Extension, and Education Reform Act of 1998, or makes other changes to an existing order, in accordance with the administrative procedures specified in sections 4604 and 4605 of this title.

(2) Approval

An amendment to an order that implements a provision that is subject to a referendum shall be approved in accordance with section 4611 of this title before becoming effective.

(g) Effect on periodic referenda

If the amended order becomes effective, any referendum otherwise required to be conducted under section 4612(c) of this title shall not be held before the date that is 5 years after the date of the referendum conducted under this section.

Source credit: (Pub. L. 98–590, § 14, as added Pub. L. 105–185, title VI, § 605(m), June 23, 1998, 112 Stat. 602.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 98-590 · 112 Stat. 602

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-590 on 1998-06-23.

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