7 U.S.C. § 511s — Grading of tobacco

(1) In general: By March 31, 2002, the Secretary of Agriculture — called "the Secretary" in this section — had to hold a vote, called a referendum, among the producers of each kind of tobacco that qualifies for price support under the Agricultural Act of 1949. The vote asked whether producers wanted the Secretary to grade that kind of tobacco. (2) Mandatory grading: (A) In general: If the Secretary determined that a majority of producers who voted favored mandatory grading for a kind of tobacco, the Secretary was authorized and directed to make sure that tobacco got graded at the time it was sold. This requirement took effect starting with the 2002 marketing year and continued in later years. (B) Fees: As much as practical, the Secretary had to establish, collect, and use fees to pay for this required grading. These fees had to work the same way as the user fees already charged for grading tobacco sold at auction under the Tobacco Inspection Act. (3) Judicial review: A determination the Secretary makes under this section cannot be reviewed by any court. The Secretary's decision here is final.