7-U.S.C.-4612
§4612 – Termination Or Suspension
Pathway
Title 7 > Chapter 77 > Section 4612
Details
- Reference: Section 4612
- Legend: §4612 – Termination Or Suspension
- USCode Year: 2013
Provision Content
(a) Person” defined
In this section, the term person” means a producer, importer, or handler.
(b) Authority of Secretary
If the Secretary finds that an order issued under this chapter, or any provision of the order, obstructs or does not tend to effectuate the purposes of this chapter, the Secretary shall terminate or suspend the operation of the order or provision.
(c) Periodic referenda
Except as provided in subsection (d)(3) of this section and section 4613(g) of this title, on the date that is 5 years after the date on which the Secretary issues an order authorizing the collection of assessments on honey or honey products under this chapter, and every 5 years thereafter, the Secretary shall conduct a referendum to determine if the persons subject to assessment under the order approve continuation of the order in accordance with section 4611 of this title.
(d) Referenda on request
(1) In general
On the request of the Honey Board or the petition of at least 10 percent of the total number of persons subject to assessment under the order, the Secretary shall conduct a referendum to determine if the persons subject to assessment under the order approve continuation of the order in accordance with section 4611 of this title.
(2) Limitation
Referenda conducted under paragraph (1) may not be held more than once every 2 years.
(3) Effect on periodic referenda
If a referendum is conducted under this subsection and the Secretary determines that continuation of the order is approved under section 4611 of this title, any referendum otherwise required to be conducted under subsection (c) of this section shall not be held before the date that is 5 years after the date of the referendum conducted under this subsection.
(e) Timing and requirements for termination or suspension
(1) In general
The Secretary shall terminate or suspend an order at the end of the marketing year during which a referendum is conducted under subsection (c) or (d) of this section if the Secretary determines that continuation of an order is not approved under section 4611 of this title.
(2) Subsequent referendum
If the Secretary terminates or suspends an order that assesses the handling of honey and honey products under paragraph (1), the Secretary shall, not later than 90 days after submission of a proposed order by an interested party—
(A) propose another order to establish a research, promotion, and consumer information program; and
(B) conduct a referendum on the order among persons that would be subject to assessment under the order.
(3) Effectiveness of order
Section 4611 of this title shall apply in determining the effectiveness of the subsequent amended order under paragraph (2).
(Pub. L. 98–590, §13, Oct. 30, 1984, 98 Stat. 3123; Pub. L. 101–624, title XIX, §1985, Nov. 28, 1990, 104 Stat. 3907; Pub. L. 105–185, title VI, §605(l), June 23, 1998, 112 Stat. 601.)
Amendments
1998—Pub. L. 105–185 amended section catchline and text generally, substituting present provisions for provisions which in subsec. (a) authorized Secretary to terminate or suspend order, in subsec. (b) provided for conducting of referendum every five years and alternative first referendum, in subsec. (c) provided for referendum upon request of Honey Board or petition of ten percent or more of producers and importers, and in subsec. (d) directed termination or suspension of order where favored by majority voting in referendum and majority produce and import more than 50 percent of volume of honey of those voting.
1990—Subsec. (b). Pub. L. 101–624, §1985(a), designated existing provisions as par. (1), substituted Except as otherwise provided in paragraph (2), five” for Five” and termination” for continuation, termination,” and added par. (2).
Subsec. (d). Pub. L. 101–624, §1985(b), substituted an order” for such order”, inserted in which a referendum is conducted under subsection (b) or (c) of this section” after marketing year”, and struck out of the order” before is favored by”.
U.S. Encyclopedia of Law Coverage
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