§ 511s. Grading of tobacco

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(1)In general Not later than March 31, 2002, the Secretary of Agriculture (referred to in this section as the “Secretary”) shall conduct referenda among producers of each kind of tobacco that is eligible for price support under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) to determine whether such producers favor the mandatory grading of that kind of tobacco by the Secretary.

(2)Mandatory grading

(A)In general If the Secretary determines that mandatory grading is favored by a majority of the producers of a kind of tobacco voting in the referendum, the Secretary is authorized and directed to ensure that the kind of tobacco is graded at the time of sale effective for the 2002 and subsequent marketing years.

(B)Fees To the maximum extent practicable, the Secretary shall establish, collect, and use fees for the grading of tobacco required under this section in the same manner as user fees for the grading of tobacco sold at auction authorized under the Tobacco Inspection Act (7 U.S.C. 511 et seq.).

(3)Judicial review A determination by the Secretary under this section shall not be subject to judicial review.

(Pub. L. 107–76, title VII, § 759(a), Nov. 28, 2001, 115 Stat. 741.)

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Pub. L. 107–76, title VII, § 759(a)
115 Stat. 741
act Oct. 31, 1949, ch. 792
63 Stat. 1051
act Aug. 23, 1935, ch. 623
49 Stat. 731

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cites case law

§ 511s

Grading of tobacco

Fed. Reg.×13

Stat.×1

U.S.C.§ 1421

U.S.C.§ 511

U.S.C.§ 511q

Pub. L.Pub. L. 107–76, title VII, § 759(a)

Stat.115 Stat. 741

Actact Oct. 31, 1949, ch. 792

Stat.63 Stat. 1051

Actact Aug. 23, 1935, ch. 623

Cites 9 · showing 8Cited by 14 across 2 sources