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7 U.S.C. § 7483 — Issuance of orders

submitted 30 years ago by Pub. L. 104-127 to r/title-7-AGRICULTURE · 275 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Agriculture must issue a popcorn marketing order that applies nationwide, and only one can exist at a time. Anyone affected can propose an order, but the Secretary must give public notice and let people comment first. The Secretary can later amend the order without needing a new vote.

(a) In general: to carry out the policy in section 7481(b), the Secretary, following subsection (b)'s process, must issue one or more orders that apply to processors. Any order applies to all popcorn production and marketing areas nationwide. No more than one order can be in effect at a time. (b) Procedure: (1) The Secretary can propose an order, or a group of processors (or anyone else it would affect) can request one and submit a proposal. (2) Within 60 days of getting a request and proposal - or whenever the Secretary decides to propose an order - the Secretary must publish the proposed order and give proper notice and a chance for public comment. (3) After that comment period, the Secretary must issue the order, considering the comments received and including whatever provisions are needed to make it follow this subchapter. The order must be issued and take effect within 150 days of when the proposed order was published. (c) Amendments: the Secretary can amend an order as needed. The same rules that apply to an order apply to any amendment - except that amendments do not need a vote (referendum) by processors to take effect.
the actual law source: uscode.house.gov ↗public domain
(a) In general

To effectuate the policy described in section 7481(b) of this title, the Secretary, subject to subsection (b), shall issue 1 or more orders applicable to processors. An order shall be applicable to all popcorn production and marketing areas in the United States. Not more than 1 order shall be in effect under this subchapter at any 1 time.

(b) Procedure
(1) Proposal or request for issuance

The Secretary may propose the issuance of an order, or an association of processors or any other person that would be affected by an order may request the issuance of, and submit a proposal for, an order.

(2) Notice and comment concerning proposed order

Not later than 60 days after the receipt of a request and proposal for an order under paragraph (1), or at such time as the Secretary determines to propose 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 under paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order such provisions as are necessary to ensure that the order conforms to this subchapter. The order shall be issued and become effective not later than 150 days after the date of publication of the proposed order.

(c) Amendments

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

Source credit: (Pub. L. 104–127, title V, § 574, Apr. 4, 1996, 110 Stat. 1076.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-127 · 110 Stat. 1076

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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