7 U.S.C. § 6103 — Issuance of orders
submitted 36 years ago by Pub. L. 101-624 to r/title-7-AGRICULTURE · 294 words · no verdicts yet
The Secretary must issue a single nationwide mushroom order under this chapter, following notice and public-comment procedures. The Secretary may later amend the order under the same chapter rules.
(a) In general. To carry out the policy in section 6101(b), the Secretary*, following subsection (b), must issue chapter orders applying to mushroom producers, importers, and first handlers. Each order must be nationwide, and only one order may be in effect at a time. (b) Procedures. (1) Issuance. The Secretary may propose an order. A mushroom-producer* association or another person* affected by this chapter may request and submit a proposal for one. (2) Publication. Within 60 days after receiving an interested person’s request and proposal, or when deciding to propose an order, the Secretary must publish the proposed order and give proper notice and an opportunity for public comment. (3) Issuance. After that notice and opportunity, the Secretary must issue the order, consider received comments, and include provisions needed to comply with this chapter. The order must be issued and, if producers and importers approve it as section 6105(a) provides, take effect no later than 180 days after the proposed order is published. (c) Amendments. (1) The Secretary may amend an order issued under this section from time to time. (2) Chapter provisions applying to an order also apply to its amendments.
To effectuate the declared policy of section 6101(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 mushrooms*. Any such order shall be national in scope. Not more than one order shall be in effect under this chapter at any one time.
The Secretary may propose the issuance of an order under this chapter, or an association of mushroom producers or any other person* that will be affected by this chapter may request the issuance of, and submit a proposal for, such an order.
Not later than 60 days after the receipt of a request and proposal by an interested person for an order, or when the Secretary determines to propose an order, the Secretary shall publish the proposed order and give due notice and opportunity for public comment on the proposed order.
After notice and opportunity for public comment are given, as provided in paragraph (2), the Secretary shall issue the order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with the requirements of this chapter. Such order shall be issued and, if approved by producers and importers of mushrooms as provided in section 6105(a) of this title, shall become effective not later than 180 days following publication of the proposed order.
The Secretary, from time to time, may amend any order issued under this section.
The provisions of this chapter applicable to an order shall be applicable to amendments to the order.
Source credit: (Pub. L. 101–624, title XIX, § 1924, Nov. 28, 1990, 104 Stat. 3856.)
- 1990Enacted · Pub. L. 101-624 · 104 Stat. 3856
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-624 on 1990-11-28.
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