Title 7 — Agriculture
Chapter 80 — Watermelon Research and Promotion
§ 4913. Suspension or termination of plans
Statutory text
Whenever the Secretary finds that a plan or any provision thereof obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of the plan or provision.
The Secretary may conduct a referendum at any time, and shall hold a referendum on request of the Board or at least 10 percent of the combined total of the watermelon producers, handlers, and importers eligible to vote in a referendum, to determine if watermelon producers, handlers, and importers favor the termination or suspension of the plan. The Secretary shall terminate or suspend the plan at the end of the marketing year whenever the Secretary determines that the termination or suspension is favored by a majority of those voting in the referendum, and who produce, handle, or import more than 50 per cent of the combined total of the volume of the watermelons produced by the producers, handled by the handlers, or imported by the importers voting in the referendum.
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.
Watermelon re search and Promotion Act
Pub. L. 99–198 title XVI § 1654 · 99 Stat. 1354
Enacted · 7 U.S.C. § 4913
Pub. L. 99–198, title XVI, § 1654, Dec. 23, 1985, 99 Stat. 1630
Source evidence
Code source credit
Pub. L. 99–198, title XVI, § 1654, Dec. 23, 1985, 99 Stat. 1630Enacted provision · exact public law section
Sec. 1654. suspension or termination of plans (a) Whenever the Secretary finds that a plan or any provision thereof obstructs or does not tend to effectuate the declared policy of this subtitle, the Secretary shall terminate or suspend the operation of the plan or provision. (b) The Secretary may conduct a referendum at any time, and shall hold a referendum on request of the Board or 10 per centum or more of the watermelon producers and handlers eligible to vote in a referendum, to determine if watermelon producers and handlers favor the termination or suspension of the plan. The Secretary shall terminate or suspend the plan at the end of the marketing year whenever the Secretary determines that the termination or suspension is favored by a majority of those voting in the referendum, and who produce or handle more than 50 per centum of the volume of the watermelons produced by the producers or handled by the handlers voting in the referendum. Any such referendum shall be conducted at county extension offices.Watermelon Research and Promotion Improvement Act of 1993
Pub. L. 103–189 § 8(j)(3) · 107 Stat. 2259
Struck · 7 U.S.C. § 4913(b)
Pub. L. 103–189, § 8(j)(3), struck out at end “Any such referendum shall be conducted at county extension offices.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–189, § 8(j)(3), struck out at end “Any such referendum shall be conducted at county extension offices.”Enacted provision · exact public law section
(3) by striking the last sentence.Watermelon Research and Promotion Improvement Act of 1993
Pub. L. 103–189 § 8(j)(2)(C) · 107 Stat. 2259
Substituted · 7 U.S.C. § 4913(b)
Pub. L. 103–189, § 8(j)(2)(C), which directed the substitution of “, handled by the handlers, or imported by the importers” for “or handled by the handlers,” in second sentence, was executed by making the substitution in text which did not contain a comma after the word “handlers”, to reflect the probable intent of Congress
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–189, § 8(j)(2)(C), which directed the substitution of “, handled by the handlers, or imported by the importers” for “or handled by the handlers,” in second sentence, was executed by making the substitution in text which did not contain a comma after the word “handlers”, to reflect the probable intent of Congress.Enacted provision · exact public law section
(C) by striking “or handled by the handlers,” and inserting “, handled by the handlers, or imported by the importers”; andWatermelon Research and Promotion Improvement Act of 1993
Pub. L. 103–189 § 8(j)(1) · 107 Stat. 2259
Substituted · 7 U.S.C. § 4913(b)
Pub. L. 103–189, § 8(j)(1)–(2)(B), in first sentence, substituted “at least 10 percent of the combined total” for “10 per centum or more” in two places, and in second sentence
Substituted · 7 U.S.C. § 4913(b)
Pub. L. 103–189, § 8(j)(1)–(2)(B), in first sentence, substituted “, handlers, and importers” for “and handlers” in two places, and in second sentence
Substituted · 7 U.S.C. § 4913(b)
Pub. L. 103–189, § 8(j)(1)–(2)(B), in first sentence, substituted “, handle, or import” for “or handle”
Substituted · 7 U.S.C. § 4913(b)
Pub. L. 103–189, § 8(j)(1)–(2)(B), in first sentence, substituted “50 percent of the combined total” for “50 per centum”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–189, § 8(j)(1)–(2)(B), in first sentence, substituted “at least 10 percent of the combined total” for “10 per centum or more” and “, handlers, and importers” for “and handlers” in two places, and in second sentence, substituted “, handle, or import” for “or handle” and “50 percent of the combined total” for “50 per centum”.Enacted provision · exact public law section
(1) in the first sentence— (A) by striking “10 per centum or more” and inserting “at least 10 percent of the combined total”; and (B) by striking “and handlers” both places it appears and inserting “, handlers, and importers”;
7 of 7 references resolved to an enrolled provision
Editorial Notes
Amendments
1993—Subsec. (b). Pub. L. 103–189, § 8(j)(3), struck out at end “Any such referendum shall be conducted at county extension offices.”
Pub. L. 103–189, § 8(j)(2)(C), which directed the substitution of “, handled by the handlers, or imported by the importers” for “or handled by the handlers,” in second sentence, was executed by making the substitution in text which did not contain a comma after the word “handlers”, to reflect the probable intent of Congress.
Pub. L. 103–189, § 8(j)(1)–(2)(B), in first sentence, substituted “at least 10 percent of the combined total” for “10 per centum or more” and “, handlers, and importers” for “and handlers” in two places, and in second sentence, substituted “, handle, or import” for “or handle” and “50 percent of the combined total” for “50 per centum”.
Credits
1985–1993 · 2 acts
- 1985Pub. L. 99–198, title XVI, § 1654, , 99 Stat. 1630
- 1993Pub. L. 103–189, § 8(j), , 107 Stat. 2263.
Show as published
(Pub. L. 99–198, title XVI, § 1654, , 99 Stat. 1630; Pub. L. 103–189, § 8(j), , 107 Stat. 2263.)