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7 U.S.C. § 7463Issuance of orders

submitted 30 years ago by Pub. L. 104-127 to r/title-7-AGRICULTURE · 217 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Agriculture issues one nationwide order covering kiwifruit producers, handlers, and importers. Anyone affected can request an order or a change to it, and the Secretary must publish proposals and take public comments before issuing or amending the order.

(a) Issuance. To carry out the purposes stated in section 7461(b), the Secretary must issue a nationwide order covering kiwifruit producers, handlers, and importers. Only one such order can be in effect at a time. (b) Procedure. (1) Anyone who would be affected by this law can ask the Secretary to issue an order and submit a proposal for it. (2) Within 90 days of getting that request, the Secretary must publish a proposed order and give the public a chance to comment on it. (3) After that comment period, the Secretary issues the order, taking the comments into account and making sure it fits the requirements of this part of the law. (c) Amendments. The Secretary can amend an order that's already in effect. The same rules that apply to issuing an order apply to amending it, except that amendments don't require a producer/importer vote (referendum) to take effect.
the actual law source: uscode.house.gov ↗public domain
(a) Issuance

To effectuate the purposes of this subchapter specified in section 7461(b) of this title, the Secretary shall issue an order applicable to producers, handlers, and importers of kiwifruit. Any such order shall be national in scope. Not more than 1 order shall be in effect under this subchapter at any 1 time.

(b) Procedure
(1) Proposal for issuance of order

Any person that will be affected by this subchapter may request the issuance of, and submit a proposal for, an order under this subchapter.

(2) Proposed order

Not later than 90 days after the receipt of a request and proposal for an order, the Secretary shall publish a proposed order and give due notice and opportunity for public comment on the proposed order.

(3) Issuance of order

After notice and opportunity for public comment are provided under paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with this subchapter.

(c) Amendments

The Secretary may amend any order issued under this section. The provisions of this subchapter applicable to an order shall be applicable to an amendment to an order, except that an amendment to an order shall not require a referendum to become effective.

Source credit: (Pub. L. 104–127, title V, § 554, Apr. 4, 1996, 110 Stat. 1065; Pub. L. 105–185, title VI, § 603(a), June 23, 1998, 112 Stat. 585.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-127 · 110 Stat. 1065
  • 1998Amended · Pub. L. 105-185 · 112 Stat. 585

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-127 on 1996-04-04.

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