§ 4612. Termination or suspension

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Honey Research, Promotion, and Consumer Information Act

   Pub. L. 98–590 § 13 · 98 Stat. 3115

   Enacted · 7 U.S.C. § 4612

   Pub. L. 98–590, § 13, Oct. 30, 1984, 98 Stat. 3123

   Source evidence

   Code source credit
   Pub. L. 98–590, § 13, Oct. 30, 1984, 98 Stat. 3123

   Enacted provision · exact public law section
   Sec. 13. suspension and termination (a) Whenever the Secretary finds that any order issued 7 USC 4612. under this Act, or any provisions thereof, obstructs or does not tend to effectuate the declared purpose of this Act, the Secretary shall terminate or suspend the operation of such order or such provisions thereof. (b) Five years from the date on which the Secretary issues an order authorizing the collection of assessments on honey under provisions of this Act, and every five years thereafter, the Secretary shall conduct a referendum to determine if honey producers and importers favor the continuation, termination, or suspension of the order. (c) The Secretary shall hold a referendum on the request of the Honey Board or when petitioned by 10 per centum or more of the honey producers and importers to determine if the honey producers and importers favor termination or suspension of the order. (d) The Secretary shall terminate or suspend such order at the end of the marketing year whenever the Secretary determines that such suspension or termination of the order is favored by a majority of those voting in a referendum and that the producers and importers comprising this majority produce and import more than 50 per centum of the volume of honey produced and imported by those voting in the referendum.

2. 1990

   Honey Research, Promotion, and Consumer Information Act Amendments of 1990

   Pub. L. 101–624 § 1985(a) · 104 Stat. 3359

   1. Amended · 7 U.S.C. § 4612(b)

      Pub. L. 101–624, § 1985(a), designated existing provisions as par. (1)

   2. Substituted · 7 U.S.C. § 4612(b)

      Pub. L. 101–624, § 1985(a), substituted “Except as otherwise provided in paragraph (2), five” for “Five”

   3. Substituted · 7 U.S.C. § 4612(b)

      Pub. L. 101–624, § 1985(a), substituted “termination” for “continuation, termination,”

   4. Added · 7 U.S.C. § 4612(b)

      Pub. L. 101–624, § 1985(a), added par. (2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (a) In General.— Section 13(b) of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4612) is amended— (1) by striking “Five” and inserting “(1) Except as otherwise provided in paragraph (2), five”; (2) by striking “continuation, termination,” and inserting “termination”; and (3) by adding at the end the following new paragraph: “(2) (A) In lieu of the first referendum otherwise required to be conducted under paragraph (1) for the order in effect on the date of the enactment of this paragraph, the Secretary shall conduct a referendum to determine if honey producers and importers favor— “(i) the continuation of the order; and “(ii) termination of the authority for producers and importers to obtain a refund of assessments under section 9(h)(1). The referendum shall be conducted at the time the first referendum otherwise required under paragraph (1) would have been conducted, except for the operation of this paragraph. “(B) (i) The Secretary shall terminate such order at the end of the marketing year during which such referendum is conducted, if the Secretary determines that termination of the order is approved or favored by not less than a majority of the producers and importers voting in the referendum and that the producers and importers comprising this majority produce and import more than 50 percent of the volume of honey produced and imported by those voting in the referendum. “(ii) If the Secretary determines that termination of the authority for producers and importers to receive refunds of assessments under section 9(h)(1) is favored or approved by a majority of the producers and importers voting in such referendum and that the producers and importers comprising this majority produce and import more than 50 percent of the volume of honey produced and imported by those voting in the referendum, then the Secretary shall amend such order as necessary to reflect the vote of producers and importers. Such amendment to the order shall become effective on the date it is issued, but in no case more than 180 days after the conduct of such referendum.”.

3. 1990

   Honey Research, Promotion, and Consumer Information Act Amendments of 1990

   Pub. L. 101–624 § 1985(b) · 104 Stat. 3359

   1. Substituted · 7 U.S.C. § 4612(d)

      Pub. L. 101–624, § 1985(b), substituted “an order” for “such order”

   2. Inserted · 7 U.S.C. § 4612(d)

      Pub. L. 101–624, § 1985(b), inserted “in which a referendum is conducted under subsection (b) or (c) of this section” after “marketing year”

   3. Struck · 7 U.S.C. § 4612(d)

      Pub. L. 101–624, § 1985(b), struck out “of the order” before “is favored by”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 13(d) of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4612) is amended— (1) by striking “such order” and inserting “an order”; (2) by inserting “in which a referendum is conducted under subsection (b) or (c)” after “marketing year”; and (3) by striking “of the order”.

4. 1998

   Agricultural Research, Extension, and Education Reform Act of 1998

   Pub. L. 105–185 title VI § 605 · 112 Stat. 523

   1. Amended · 7 U.S.C. § 4612

      Pub. L. 105–185 amended section catchline and text generally

   2. Substituted · 7 U.S.C. § 4612

      Pub. L. 105–185 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   SEC. 605. HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION. (a) Findings and Purposes.— Section 2 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4601) is amended— (1) by striking the section heading and all that follows through “The Congress finds that:” and inserting the following: “SEC. 2. FINDINGS AND PURPOSES. “(a) Findings.— Congress makes the following findings:”; (2) in subsection (a) (as so designated)— (A) in paragraphs (6) and (7), by striking “and consumer education” each place it appears and inserting “consumer education, and industry information”; and (B) by inserting after paragraph (7) the following: “(8) The ability to develop and maintain purity standards for honey and honey products is critical to maintaining the consumer confidence, safety, and trust that are essential components of any undertaking to maintain and develop markets for honey and honey products. “(9) Research directed at improving the cost effectiveness and efficiency of beekeeping, as well as developing better means of dealing with pest and disease problems, is essential to keeping honey and honey product prices competitive and facilitating market growth as well as maintaining the financial well-being of the honey industry. “(10) Research involving the quality, safety, and image of honey and honey products and how that quality, safety, and image may be affected during the extraction, processing, packaging, marketing, and other stages of the honey and honey product production and distribution process, is highly important to building and maintaining markets for honey and honey products.”; and (3) by striking subsection (b) and inserting the following: “(b) Purposes.— The purposes of this Act are— “(1) to authorize the establishment of an orderly procedure for the development and financing, through an adequate assessment, of an effective, continuous, and nationally coordinated program of promotion, research, consumer education, and industry information designed to— “(A) strengthen the position of the honey industry in the marketplace; “(B) maintain, develop, and expand domestic and foreign markets and uses for honey and honey products; “(C) maintain and improve the competitiveness and efficiency of the honey industry; and “(D) sponsor research to develop better means of dealing with pest and disease problems; “(2) to maintain and expand the markets for all honey and honey products in a manner that— “(A) is not designed to maintain or expand any individual producer’s, importer’s, or handler’s share of the market; and “(B) does not compete with or replace individual advertising or promotion efforts designed to promote individual brand name or trade name honey or honey products; and “(3) to authorize and fund programs that result in government speech promoting government objectives. “(c) Administration.— Nothing in this Act— “(1) prohibits the sale of various grades of honey; “(2) provides for control of honey production; “(3) limits the right of the individual honey producer to produce honey; or “(4) creates a trade barrier to honey or honey products produced in a foreign country.”. (b) Definitions.— Section 3 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4602) is amended— (1) by striking paragraph (7) and inserting the following: “(7) Handle.— “(A) In general.— The term ‘handle’ means to process, package, sell, transport, purchase, or in any other way place or cause to be placed in commerce, honey or a honey product. “(B) Inclusion.— The term ‘handle’ includes selling unprocessed honey that will be consumed or used without further processing or packaging. “(C) Exclusions.— The term ‘handle’ does not include— “(i) the transportation of unprocessed honey by a producer to a handler; “(ii) the transportation by a commercial carrier of honey, whether processed or unprocessed, for a handler or producer; or “(iii) the purchase of honey or a honey product by a consumer or other end-user of the honey or honey product.”; (2) by adding at the end the following: “(19) Department.— The term ‘Department’ means the Department of Agriculture. “(20) Honey production.— The term ‘honey production’ means all beekeeping operations related to— “(A) managing honey bee colonies to produce honey; “(B) harvesting honey from the colonies; “(C) extracting honey from the honeycombs; and “(D) preparing honey for sale for further processing. “(21) Industry information.— The term ‘industry information’ means information or a program that will lead to the development of new markets, new marketing strategies, or increased efficiency for the honey industry, or an activity to enhance the image of honey and honey products and of the honey industry. “(22) National honey marketing cooperative— The term ‘national honey marketing cooperative’ means a cooperative that markets its products in at least 2 of the following 4 regions of the United States, as determined by the Secretary: “(A) The Atlantic Coast, including the District of Columbia and the Commonwealth of Puerto Rico. “(B) The Mideast. “(C) The Midwest. “(D) The Pacific, including the States of Alaska and Hawaii. “(23) Qualified national organization representing handler interests.— The term ‘qualified national organization representing handler interests’ means an organization that the Secretary certifies as being eligible to recommend nominations for the Committee handler, handler-importer, alternate handler, and alternate handler-importer members of the Honey Board under section 7(b). “(24) Qualified national organization representing importer interests.— The term ‘qualified national organization representing importer interests’ means an organization that the Secretary certifies as being eligible to recommend nominations for the Committee importer, handler-importer, alternate importer, and alternate handler-importer members of the Honey Board under section 7(b).”; and (3) by reordering the paragraphs so that they are in alphabetical order by term defined and redesignating the paragraphs accordingly. (c) Honey Research, Promotion, and Consumer Information Order.— Section 4 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4603) is amended by inserting “and regulations” after “orders”. (d) Notice and Hearing.— Section 5 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4604) is amended to read as follows: “SEC. 5. NOTICE AND HEARING. “(a) Notice and Comment.— In issuing an order under this Act, an amendment to an order, or a regulation to carry out this Act, the Secretary shall comply with section 553 of title 5, United States Code. “(b) Formal Agency Action.— Sections 556 and 557 of that title shall not apply with respect to the issuance of an order, an amendment to an order, or a regulation under this Act. “(c) Proposal of an Order.— A proposal for an order may be submitted to the Secretary by any organization or interested person affected by this Act.”. (e) Findings and Issuance of Order.— Section 6 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4605) is amended to read as follows: “SEC. 6. FINDINGS AND ISSUANCE OF ORDER. “After notice and opportunity for comment has been provided in accordance with section 5(a), the Secretary shall issue an order, an amendment to an order, or a regulation under this Act, if the Secretary finds, and specifies in the order, amendment, or regulation, that the issuance of the order, amendment, or regulation will assist in carrying out the purposes of this Act.”. (f) Required Terms of an Order.— (1) National honey nominations committee.— Section 7(b) of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4606(b)) is amended— (A) in paragraph (2), by striking “except” and all that follows through “three-year terms” and inserting “except that the term of appointments to the Committee may be staggered periodically, as determined by the Secretary”; and (B) in paragraph (5)— (i) in the second sentence, by striking “after the first annual meeting”; and (ii) in the third sentence, by striking “per centum” and inserting “percent”. (2) Honey board.— Section 7(c) of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4606(c)) is amended— (A) by redesignating paragraphs (3) through (6) as paragraphs (8) through (11), respectively; (B) in paragraph (2)— (i) in subparagraph (A), by striking “seven” and inserting “7”; and (ii) by striking subparagraphs (B) through (E) and all that follows and inserting the following: “(B) 2 members who are handlers appointed from nominations submitted by the Committee from recommendations made by qualified national organizations representing handler interests; “(C) if approved in a referendum conducted under this Act, 2 members who— “(i) are handlers of honey; “(ii) during any 3 of the preceding 5 years, were also importers of record of at least 40,000 pounds of honey; and “(iii) are appointed from nominations submitted by the Committee from recommendations made by— “(I) qualified national organizations representing handler interests or qualified national organizations representing importer interests; or “(II) if the Secretary determines that there is not a qualified national organization representing handler interests or a qualified national organization representing importer interests, individual handlers or importers that have paid assessments to the Honey Board on imported honey or honey products; “(D) 2 members who are importers appointed from nominations submitted by the Committee from recommendations made by— “(i) qualified national organizations representing importer interests; or “(ii) if the Secretary determines that there is not a qualified national organization representing importer interests, individual importers that have paid assessments to the Honey Board on imported honey or honey products; and “(E) 1 member who is an officer, director, or employee of a national honey marketing cooperative appointed from nominations submitted by the Committee from recommendations made by qualified national honey marketing cooperatives.”; (C) by inserting after paragraph (2) the following: “(3) Alternates.— The Committee shall submit nominations for an alternate for each member of the Honey Board described in paragraph (2). An alternate shall be appointed in the same manner as a member and shall serve when the member is absent from a meeting or is disqualified. “(4) Reconstitution.— “(A) Review.— If approved in a referendum conducted Regulations. under this Act and in accordance with rules issued by the Secretary, the Honey Board shall review, at times determined under subparagraph (E)— “(i) the geographic distribution of the quantities of domestically produced honey assessed under the order; and “(ii) changes in the annual average percentage of assessments owed by importers under the order relative to assessments owed by producers and handlers of domestic honey, including— “(I) whether any changes in assessments owed on imported quantities are owed by importers described in paragraph (5)(B); or “(II) whether such importers are handler-importers described in paragraph (2)(C). “(B) Recommendations.— If warranted and in accordance with this subsection, the Honey Board shall recommend to the Secretary— “(i) changes in the regional representation of honey producers established by the Secretary; “(ii) if necessary to reflect any changes in the proportion of domestic and imported honey assessed under the order or the source of assessments on imported honey or honey products, the reallocation of— “(I) handler-importer member positions under paragraph (2)(C) as handler member positions under paragraph (2)(B); “(II) importer member positions under paragraph (2)(D) as handler-importer member positions under paragraph (2)(C); or “(III) handler-importer member positions under paragraph (2)(C) as importer member positions under paragraph (2)(D); or “(iii) if necessary to reflect any changes in the proportion of domestic and imported honey or honey products assessed under the order, the addition of members to the Honey Board under subparagraph (A), (B), (C), or (D) of paragraph (2). “(C) Scope of review.— The review required under subparagraph (A) shall be based on data from the 5-year period preceding the year in which the review is conducted. “(D) Basis for recommendations.— “(i) In general.— Except as provided in subparagraph (F), recommendations made under subparagraph (B) shall be based on— “(I) the 5-year average annual assessments, excluding the 2 years containing the highest and lowest disparity between the proportion of assessments owed from imported and domestic honey or honey products, determined pursuant to the review that is conducted under subparagraph (A); and “(II) whether any change in the average annual assessments is from the assessments owed by importers described in paragraph (5)(B) or from the assessments owed by handler-importers described in paragraph (2)(C). “(ii) Proportions.— The Honey Board shall recommend a reallocation or addition of members pursuant to clause (ii) or (iii) of subparagraph (B) only if 1 or more of the following proportions change by more than 6 percent from the base period proportion determined in accordance with subparagraph (F): “(I) The proportion of assessments owed by handler-importers described in paragraph (2)(C) compared with the proportion of assessments owed by importers described in paragraph (2)(D). “(II) The proportion of assessments owed by importers compared with the proportion of assessments owed on domestic honey by producers and handlers. “(E) Timing of review.— “(i) In general.— The Honey Board shall conduct the reviews required under this paragraph not more than once during each 5-year period. “(ii) Initial review.— The Honey Board shall conduct the initial review required under this paragraph prior to the initial continuation referendum conducted under section 13(c) following the referendum conducted under section 14. “(F) Base period proportions.— “(i) In general.— The base period proportions for determining the magnitude of change under subparagraph (D) shall be the proportions determined during the prior review conducted under this paragraph. “(ii) Initial review.— In the case of the initial review required under subparagraph (E)(ii), the base period proportions shall be the proportions determined by the Honey Board for fiscal year 1996. “(5) Restrictions on nomination and appointment.— “(A) Producer-packers as producers.— No producer-packer that, during any 3 of the preceding 5 years, purchased for resale more honey than the producer-packer produced shall be eligible for nomination or appointment to the Honey Board as a producer described in paragraph (2)(A) or as an alternate to such a producer. “(B) Importers.— No importer that, during any 3 of the preceding 5 years, did not receive at least 75 percent of the gross income generated by the sale of honey and honey products from the sale of imported honey and honey products shall be eligible for nomination or appointment to the Honey Board as an importer described in paragraph (2)(D) or an alternate to such an importer. “(6) Certification of organizations.— “(A) In general.— The eligibility of an organization to participate in the making of recommendations to the Committee for nomination to the Honey Board to represent handlers or importers under this section shall be certified by the Secretary. “(B) Eligibility criteria.— Subject to the other provisions of this paragraph, the Secretary shall certify an organization that the Secretary determines meets the eligibility criteria established by the Secretary under this paragraph. “(C) Finality.— An eligibility determination of the Secretary under this paragraph shall be final. “(D) Basis for certification.— Certification of an Reports. organization under this paragraph shall be based on, in addition to other available information, a factual report submitted by the organization that contains information considered relevant by the Secretary, including— “(i) the geographic territory covered by the active membership of the organization; “(ii) the nature and size of the active membership of the organization, including the proportion of the total number of active handlers or importers represented by the organization; “(iii) evidence of the stability and permanency of the organization; “(iv) sources from which the operating funds of the organization are derived; “(v) the functions of the organization; and “(vi) the ability and willingness of the organization to further the purposes of this Act. “(E) Primary considerations.— A primary consideration in determining the eligibility of an organization under this paragraph shall be whether— “(i) the membership of the organization consists primarily of handlers or importers that derive a substantial quantity of their income from sales of honey and honey products; and “(ii) the organization has an interest in the marketing of honey and honey products. “(F) Nonmembers.— As a condition of certification under this paragraph, an organization shall agree— “(i) to notify nonmembers of the organization of Notification. Honey Board nomination opportunities for which the organization is certified to make recommendations to the Committee; and “(ii) to consider the nomination of nonmembers when making the nominations of the organization to the Committee, if nonmembers indicate an interest in serving on the Honey Board. “(7) Minimum percentage of honey producers.— Notwithstanding any other provision of this subsection, at least 50 percent of the members of the Honey Board shall be honey producers.”; and (D) in paragraph (8) (as so redesignated), by striking “except” and all that follows through “three-year terms” and inserting “except that appointments to the Honey Board may be staggered periodically, as determined by the Secretary, to maintain continuity of the Honey Board with respect to all members and with respect to members representing particular groups.”. (3) Assessments.— Section 7(e) of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4606(e)) is amended— (A) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (B) by striking paragraph (1) and inserting the following: “(1) In general.— The Honey Board shall administer collection of the assessment provided for in this subsection, and may accept voluntary contributions from other sources, to finance the expenses described in subsections (d) and (f). “(2) Rate.— Except as provided in paragraph (3), the assessment rate shall be $0.0075 per pound (payable in the manner described in section 9), with— “(A) in the case of honey produced in the United States, $0.0075 per pound payable by honey producers; and “(B) in the case of honey or honey products imported into the United States, $0.0075 per pound payable by honey importers. “(3) Alternative rate approved in referendum.— If approved in a referendum conducted under this Act, the assessment rate shall be $0.015 per pound (payable in the manner described in section 9)— “(A) in the case of honey produced in the United States— “(i) $0.0075 per pound payable by— “(I) honey producers; and “(II) producer-packers on all honey produced by the producer-packers; and “(ii) $0.0075 per pound payable by— “(I) handlers; and “(II) producer-packers on all honey and honey products handled by the producer-packers, including honey produced by the producer-packers); and “(B) in the case of honey and honey products imported into the United States, $0.015 per pound payable by honey importers, of which $0.0075 per pound represents the assessment due from the handler to be paid by the importer on behalf of the handler.”; (C) in paragraph (4) (as so redesignated), by striking subparagraph (B) and inserting the following: “(B) Small quantities.— “(i) In general.— A producer, producer-packer, handler, or importer that produces, imports, or handles during a year less than 6,000 pounds of honey or honey products shall be exempt in that year from payment of an assessment on honey or honey products that the person distributes directly through local retail outlets, as determined by the Secretary, during that year. “(ii) Inapplicability.— If a person no longer meets the requirements of clause (i) for an exemption, the person shall— “(I) file a report with the Honey Board in Reports. the form and manner prescribed by the Honey Board; and “(II) pay an assessment on or before March 15 of the subsequent year on all honey or honey products produced, imported, or handled by the person during the year in which the person no longer meets the requirements of clause (i) for an exemption.”; and (D) in paragraph (5) (as so redesignated)— (i) by inserting “handler,” after “producer-packer” each place it appears; (ii) by striking “paragraph (2)” and inserting “paragraph (4)”; and (iii) by inserting “, handler,” after “producer” the last place it appears. (4) Use of funds.— Section 7(f) of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4606(f)) is amended— (A) by striking “(f) Funds collected by the Honey Board from the assessments” and inserting the following: “(f) Funds.— “(1) Use.— Funds collected by the Honey Board”; (B) by striking “The Secretary shall” and inserting the following: “(3) Reimbursement.— The Secretary shall”; and (C) by inserting after paragraph (1) (as designated by subparagraph (A)) the following: “(2) Research projects.— “(A) In general.— If approved in a referendum conducted under this Act, the Honey Board shall reserve at least 8 percent of all assessments collected during a year for expenditure on approved research projects designed to advance the cost effectiveness, competitiveness, efficiency, pest and disease control, and other management aspects of beekeeping, honey production, and honey bees. “(B) Carryover.— If all funds reserved under subparagraph (A) are not allocated to approved research projects in a year, any reserved funds remaining unallocated shall be carried forward for allocation and expenditure under subparagraph (A) in subsequent years.”. (5) False or unwarranted claims or statements.— Section 7(g) of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4606(g)) is amended by striking “with assessments collected” and inserting “by the Honey Board”. (6) Influencing governmental policy or action.— Section 7(h) of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4606(h)) is amended by striking “through assessments authorized by” and inserting “by the Honey Board under”. (g) Permissive Terms and Provisions.— Section 8 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4607) is amended— (1) by inserting “(a) In General.—” before “On”; and (2) by adding at the end the following: “(8) If approved in a referendum conducted under this Act, providing authority for the development of programs and related rules and regulations that will, with the approval of the Secretary, establish minimum purity standards for honey and honey products that are designed to maintain a positive and wholesome marketing image for honey and honey products. “(b) Inspection and Monitoring System.— “(1) Inspection.— Any program, rule, or regulation under subsection (a)(8) may provide for the inspection, by the Secretary, of honey ana honey products being sold for domestic consumption in, or for export from, the United States. “(2) Monitoring system.— The Honey Board may develop and recommend to the Secretary a system for monitoring the purity of honey and honey products being sold for domestic consumption in, or for export from, the United States, including a system for identifying adulterated honey. “(3) Coordination with other federal agencies.— The Secretary may coordinate, to the maximum extent practicable, with the head of any other Federal agency that has authority to ensure compliance with labeling or other requirements relating to the purity of honey and honey products concerning an enforcement action against any person that does not comply with a rule or regulation issued by any other Federal agency concerning the labeling or purity requirements of honey and honey products. “(4) Authority to issue regulations.— The Secretary may issue such rules and regulations as are necessary to carry out this subsection. “(c) Voluntary Quality Assurance Program.— “(1) In general.— In addition to or independent of any program, rule, or regulation under subsection (b), the Honey Board, with the approval of the Secretary, may establish and carry out a voluntary quality assurance program concerning purify standards for honey and honey products. “(2) Components.— The program may include— “(A) the establishment of an official Honey Board seal of approval to be displayed on honey and honey products of producers, handlers, and importers that participate in the voluntary program and are found to meet such standards of purify as are established under the program; “(B) actions to encourage producers, handlers, and importers to participate in the program; “(C) actions to encourage consumers to purchase honey and honey products bearing the official seal of approval; and “(D) periodic inspections by the Secretary, or other parties approved by the Secretary, of honey and honey products of producers, handlers, and importers that participate in the voluntary program. “(3) Display of seal of approval.— To be eligible to display the official seal of approval established under paragraph (2)(A) on a honey or honey product, a producer, handler, or importer shall participate in the voluntary program under this subsection. “(d) Authority of the Secretary.— Notwithstanding any other provision of this Act, the Secretary shall have the authority to approve or disapprove the establishment of minimum purity standards, the inspection and monitoring system under subsection (b), and the voluntary quality assurance program under subsection (c).”. (h) Collection of Assessments.— (1) New assessment.— Section 9 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4608) is amended— (A) by striking subsection (a) and inserting the following: “(a) Handlers.— Except as otherwise provided in this section, a first handler of honey shall be responsible, at the time of first purchase— “(1) for the collection, and payment to the Honey Board, of the assessment payable by a producer under section 7(e)(2)(A) or, if approved in a referendum conducted under this Act, under section 7(e)(3)(A)(i); and “(2) if approved in a referendum conducted under this Act, for the payment to the Honey Board of an additional assessment payable by the handler under section 7(e)(3)(A)(ii).”; (B) by striking subsection (c) and inserting the following: “(c) Importers.— Except as otherwise provided in this section, at the time of entry of honey and honey products into the United States, an importer shall remit to the Honey Board through the United States Customs Service— “(1) the assessment on the imported honey and honey products required under section 7(e)(2)(B); or “(2) if approved in a referendum conducted under this Act, the assessment on the imported honey and honey products required under section 7(e)(3)(B), of which the amount payable under section 7(e)(3)(A)(ii) represents the assessment due from the handler to be paid by the importer on behalf of the handler.”; and (C) by striking subsection (e) and inserting the following: “(e) Producer-Packers.— Except as otherwise provided in this section, a producer-packer shall be responsible for the collection, and payment to the Honey Board, of— “(1) the assessment payable by the producer-packer under section 7(e)(2)(A) or, if approved in a referendum conducted under this Act, under section 7(e)(3)(A)(i) on honey produced by the producer-packer; “(2) at the time of first purchase, the assessment payable by a producer under section 7(e)(2)(A) or, if approved in a referendum conducted under this Act, under section 7(e)(3)(A)(i) on honey purchased by the producer-packer as a first handler; and “(3) if approved in a referendum conducted under this Act, an additional assessment payable by the producer-packer under section 7(e)(3)(A)(ii).”. (2) Inspection; books and records.— Section 9 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4608) is amended by striking subsection (f) and inserting the following: “(f) Inspection; Books and Records.— “(1) In general.— To make available to the Secretary and the Honey Board such information and data as are necessary to carry out this Act (including an order or regulation issued under this Act), a handler, importer, producer, or producer-packer responsible for payment of an assessment under this Act, and a person receiving an exemption from an assessment under section 7(e)(4), shall— “(A) maintain and make available for inspection by the Secretary and the Honey Board such books and records as are required by the order and regulations issued under this Act; and “(B) file reports at the times, in the manner, and Reports. having the content prescribed by the order and regulations, which reports shall include the total number of bee colonies maintained, the quantity of honey produced, and the quantity of honey and honey products handled or imported. “(2) Employee or agent.— To conduct an inspection or review a report of a handler, importer, producer, or producer-packer under paragraph (1), an individual shall be an employee or agent of the Department or the Honey Board, and shall not be a member or alternate member of the Honey Board. “(3) Confidentiality.— An employee or agent described in paragraph (2) shall be subject to the confidentiality requirements of subsection (g).”. (3) Confidentiality of information; disclosure.— Section 9 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4608) is amended by striking subsection (g) and inserting the following: “(g) Confidentiality of Information; Disclosure.— “(1) In general.— All information obtained under subsection (f) shall be kept confidential by all officers, employees, and agents of the Department or of the Honey Board. “(2) Disclosure.— Information subject to paragraph (1) may be disclosed— “(A) only in a suit or administrative hearing brought at the request of the Secretary, or to which the Secretary or any officer of the United States is a party, that involves the order with respect to which the information was furnished or acquired; and “(B) only if the Secretary determines that the information is relevant to the suit or administrative hearing. “(3) Exceptions.— Nothing in this subsection prohibits— “(A) the issuance of general statements based on the reports of a number of handlers subject to an order, if the statements do not identify the information furnished by any person; or “(B) the publication, by direction of the Secretary, of the name of any person that violates any order issued under this Act, together with a statement of the particular provisions of the order violated by the person. “(4) Violation.— Any person that knowingly violates this subsection, on conviction— “(A) shall be fined not more than $1,000, imprisoned not more than 1 year, or both; and “(B) if the person is an officer or employee of the Honey Board or the Department, shall be removed from office.”. (4) Refunds.— Section 9 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4608) is amended by striking subsection (h). (5) Administration and remittance.— Section 9 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4608) (as amended by paragraph (4)) is amended by inserting after subsection (g) the following: “(h) Administration and Remittance.— Administration and remittance of the assessments under this Act shall be conducted— “(1) in the manner prescribed in the order and regulations issued under this Act; and “(2) if approved in a referendum conducted under this Act, in a manner that ensures that all honey and honey products are assessed a total of, but not more than, $0.015 per pound, including any producer or importer assessment.”. (6) Liability for assessments.— Section 9(i) of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4608(i)) is amended— (A) by striking “(i) If” and inserting the following: “(i) Liability for Assessments.— “(1) Producers.— If”; and (B) by adding at the end the following: “(2) Importers.— If the United States Customs Service fails to collect an assessment from an importer or an importer fails to pay an assessment at the time of entry of honey and honey products into the United States under this section, the importer shall be responsible for the remission of the assessment to the Honey Board.”. (i) Petition and Review.— Section 10 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4609) is amended by striking subsection (a) and inserting the following: “(a) Filing of Petition; Hearing.— “(1) In general.— Subject to paragraph (4), a person subject to an order may file a written petition with the Secretary— “(A) that states that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law; and “(B) that requests— “(i) a modification of the order, provision, or obligation; or “(ii) to be exempted from the order, provision, or obligation. “(2) Hearing.— In accordance with regulations issued by Regulations. the Secretary, the petitioner shall be given an opportunity for a hearing on the petition. “(3) Ruling.— After the hearing, the Secretary shall make a ruling on the petition that shall be final, if in accordance with law. “(4) Statute of limitations.— A petition filed under this subsection that challenges an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed not later than 2 years after the later of— “(A) the effective date of the order, provision, or obligation challenged in the petition; or “(B) the date on which the petitioner became subject to the order, provision, or obligation challenged in the petition.”. (j) Enforcement.— Subsections (a) and (b) of section 11 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4610) are amended by striking “plan” each place it appears and inserting “order”. (k) Requirements of Referendum.— Section 12 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4611) is amended to read as follows: “SEC. 12. REQUIREMENTS OF REFERENDUM. “(a) In General.— For the purpose of ascertaining whether issuance of an order is approved by producers, importers, and in the case of an order assessing handlers, handlers, the Secretary shall conduct a referendum among producers, importers, and, in the case of an order assessing handlers, handlers, not exempt under section 7(e)(4), that, during a representative period determined by the Secretary, have been engaged in the production, importation, or handling of honey or honey products. “(b) Effectiveness of Order.— “(1) In general.— No order issued under this Act shall be effective unless the Secretary determines that— “(A) the order is approved by a majority of the producers, importers, and if covered by the order, handlers, voting in the referendum; and “(B) the producers, importers, and handlers comprising the majority produced, imported, and handled not less than 50 percent of the quantity of the honey and honey products produced, imported, and handled during the representative period by the persons voting in the referendum. “(2) Amendments to orders.— The Secretary may amend an order in accordance with the administrative procedures specified in sections 5 and 6, except that the Secretary may not amend a provision of an order that implements a provision of this Act that specifically provides for approval in a referendum without the approval provided for in this section. “(c) Producer-Packers and Importers.— “(1) In general.— Each producer-packer and each importer shall have 1 vote as a handler as well as 1 vote as a producer or importer (unless exempt under section 7(e)(4)) in all referenda concerning orders assessing handlers to the extent that the individual producer-packer or importer owes assessments as a handler. “(2) Attribution of quantity of honey.— For the purpose of subsection (b)(1)(B)— “(A) the quantity of honey or honey products on which the qualifying producer-packer or importer owes assessments as a handler shall be attributed to the person’s vote as a handler under paragraph (1); and “(B) the quantity of honey or honey products on which the producer-packer or importer owes an assessment as a producer or importer shall be attributed to the person’s vote as a producer or importer. “(d) Confidentiality.— The ballots and other information or reports that reveal, or tend to reveal, the identity or vote of any producer, importer, or handler of honey or honey products shall be held strictly confidential and shall not be disclosed.”. (l) Termination or Suspension.— Section 13 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4612) is amended to read as follows: “SEC. 13. TERMINATION OR SUSPENSION. “(a) Definition of Person.— 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 Act, or any provision of the order, obstructs or does not tend to effectuate the purposes of this Act, 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 14(g), 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 Act, 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 12. “(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 12. “(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 12, 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 12. “(2) Subsequent referendum.— If the Secretary terminates Deadline. 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 12 shall apply in Applicability. determining the effectiveness of the subsequent amended order under paragraph (2).”. (m) Implementation of Amendments.— The Honey Research, Promotion, and Consumer Information Act is amended by inserting after section 13 (7 U.S.C. 4612) the following: “SEC. 14. IMPLEMENTATION OF AMENDMENTS MADE BY AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION REFORM ACT OF 1998. “(a) Issuance of Amended Order.— To implement the amendments made to this Act by section 605 of the Agricultural Research, Extension, and Education Reform Act of 1998 (other than subsection (m) of that section), the Secretary shall issue an amended order under section 4 that reflects those amendments. “(b) Proposal of Amended Order.— Not later than 90 days Deadline. Publication. after the date of enactment of this section, the Secretary shall publish a proposed order under section 4 that reflects the amendments made by section 605 of the Agricultural Research, Extension, and Education Reform Act of 1998. The Secretary shall provide Notice. notice and an opportunity for public comment on the proposed order in accordance with section 5. “(c) Issuance of Amended Order.— Not later than 240 days Deadline. after publication of the proposed order, the Secretary shall issue an order under section 6, taking into consideration the comments received and including in the order such provisions as are necessary to ensure that the order conforms with the amendments made by section 605 of the Agricultural Research, Extension, and Education Reform Act of 1998. “(d) Referendum on Amended Order.— “(1) Requirement.— “(A) In general.— On issuance of an order under section 6 reflecting the amendments made by section 605 of the Agricultural Research, Extension, and Education Reform Act of 1998, the Secretary shall conduct a referendum under this section for the sole purpose of determining whether the order as amended shall become effective. “(B) Individual provisions.— No individual provision of the amended order shall be subject to a separate vote under the referendum. “(2) Eligible voters.— The Secretary shall conduct the referendum among persons subject to assessment under the order that have been producers, producer-packers, importers, or handlers during the 2-calendar-year period that precedes the referendum, which period shall be considered to be the representative period. “(3) Determination of quantity.— “(A) In general.— Producer-packers, importers, and handlers shall be allowed to vote as if— “(i) the amended order had been in place during the representative period described in paragraph (2); and “(ii) they had owed the increased assessments provided by the amended order. “(B) Votes and attributed quantity for producer-packers and importers.— The votes and the quantity of honey and honey products attributed to the votes of producer-packers and importers shall be determined in accordance with section 12. “(C) Attributed quantity for handlers.— The quantity of honey and honey products attributed to the vote of a handler shall be the quantity handled in the representative period described in paragraph (2) for which the handler would have owed assessments had the amended order been in effect. “(4) Effectiveness of order.— The amended order shall become effective only if the Secretary determines that the amended order is effective in accordance with section 12. “(e) Continuation of Existing Order If Amended Order Is Rejected.— If adoption of the amended order is not approved— “(1) the order issued under section 4 that is in effect on the date of enactment of this section shall continue in full force and effect; and “(2) the Secretary may amend the order to ensure the conformity of the order with this Act (as in effect on the day before the date of enactment of this section). “(f) Effect of Rejection on Subsequent Orders.— “(1) In general.— Subject to paragraph (2), if adoption of the amended order is not approved in the referendum required under subsection (d), the Secretary may issue an amended order that implements some or all of the amendments made to this Act by section 605 of the Agricultural Research, Extension, and Education Reform Act of 1998, or makes other changes to an existing order, in accordance with the administrative procedures specified in sections 5 and 6. “(2) Approval.— An amendment to an order that implements a provision that is subject to a referendum shall be approved in accordance with section 12 before becoming effective. “(g) Effect on Periodic Referenda.— the amended order becomes effective, any referendum otherwise required to be conducted under section 13(c) shall not be held before the date that is 5 years after the date of the referendum conducted under this section.”.

10 of 10 references resolved to an enrolled provision