§ 4612. Termination or suspension
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/usc/title-7/section-4612A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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) 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)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)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.)
Connections9 cite this · traces to 2
Cited by 9 sections · top 7
U.S. Code
statutes-at-large
- Public Law 98–590To enable honey producers and handlers to finance a nationally coordinated research, promotion, and consumer information program designed to expand their markets for honey
- Public Law 105–185To ensure that federally funded agricultural research, extension, and education address high-priority concerns with national or multistate significance, to reform, extend, and eliminate certain agricultural research programs, and for other purposes
- Public Law 101–624To extend and revise agricultural price support and related programs, to provide for agricultural export, resource conservation, farm credit, and agricultural research and related programs, to ensure consumers an abundance of food and fiber at reasonable prices, and for other purposes
9 references not yet in our index
- Pub. L. 98–590, § 13
- 98 Stat. 3123
- Pub. L. 101–624, title XIX, § 1985
- 104 Stat. 3907
- Pub. L. 105–185, title VI, § 605
- 112 Stat. 601
- Pub. L. 105–185
- Pub. L. 101–624, § 1985(a)
- Pub. L. 101–624, § 1985(b)
Citation graph
cites case law
§ 4612
Termination or suspension
Stat.×5
U.S.C.×4
Pub. L.Pub. L. 98–590, § 13
Stat.98 Stat. 3123
Pub. L.Pub. L. 101–624, title XIX, § 1985
Stat.104 Stat. 3907
Pub. L.Pub. L. 105–185, title VI, § 605
Cites 11 · showing 7Cited by 9 across 2 sources