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Title 7 — Agriculture

Chapter 92 — Soybean Promotion, Research, and Consumer Information

§ 6309. Administrative provisions

Statutory text

(a)

Construction

Except as provided in subsection (b), nothing in this chapter may be construed to—

(1)

preempt or supersede any other program relating to soybean promotion, research, consumer information, or industry information organized and operated under the laws of the United States or any State; or

(2)

authorize the withholding of any information from Congress.

(b)

State laws

(1)

Referenda on qualified State soybean boards

To ensure the proper administration of this chapter, no State may conduct a referendum relating to the continuation or termination of a qualified State soybean board or State soybean assessment—

(A)

during the period beginning on the date an order is issued under section 6303 of this title and ending 18 months after the referendum on such order is conducted under section 6305(a) of this title; or

(B)

if such order is approved under the referendum conducted under section 6305(a) of this title by a majority of producers voting in such State, such State law shall be suspended for an additional 36 months.

(2)

Exception

Paragraph (1) shall not be construed to apply to—

(A)

a State referendum concerning the approval of modifications to a State soybean promotion program that does not involve termination of the qualified State soybean board or State soybean assessment; and

(B)

any State referendum regarding a State soybean promotion program that is originated by soybean producers.

(3)

Assessments collected by qualified State soybean boards

To ensure adequate funding of the operations of qualified State soybean boards under this chapter, whenever an order is in effect under this chapter, no State law or regulation that limits the rate of assessment that the qualified State soybean board in that State may collect from producers on soybeans produced in such State, or that has the effect of limiting such rate, may be applied to prohibit such State board from collecting, and expending for authorized purposes, assessments from producers of up to the full amount of the credit authorized for producer contributions to qualified State soybean boards under section 6304(l)(4) of this title.

(c)

Amendments to orders

The provisions of this chapter applicable to orders shall be applicable to amendments to orders.

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. Soybean Promotion, Research, and Consumer Information Act

    Pub. L. 101–624 title XIX § 1974 · 104 Stat. 3359

    Enacted · 7 U.S.C. § 6309

    Pub. L. 101–624, title XIX, § 1974, Nov. 28, 1990, 104 Stat. 3903

    Source evidence

    Code source credit
    Pub. L. 101–624, title XIX, § 1974, Nov. 28, 1990, 104 Stat. 3903

    Enacted provision · exact public law section
    SEC. 1974. ADMINISTRATIVE PROVISIONS. (a) Construction.— Except as provided in subsection (b), nothing in this subtitle may be construed to— (1) preempt or supersede any other program relating to soybean promotion, research, consumer information, or industry information organized and operated under the laws of the United States or any State; or (2) authorize the withholding of any information from Congress. (b) State Laws.— (1) Referenda on qualified state soybean boards.— To ensure the proper administration of this subtitle, no State may conduct a referendum relating to the continuation or termination of a qualified State soybean board or State soybean assessment— (A) during the period beginning on the date an order is issued under section 1968 and ending 18 months after the referendum on such order is conducted under section 1970(a); or (B) if such order is approved under the referendum conducted under section 1970(a) by a majority of producers voting in such State, such State law shall be suspended for an additional 36 months. (2) Exception.— Paragraph (1) shall not be construed to apply to— (A) a State referendum concerning the approval of modifications to a State soybean promotion program that does not involve termination of the qualified State soybean board or State soybean assessment; and (B) any State referendum regarding a State soybean promotion program that is originated by soybean producers. (3) Assessments collected by qualified state soybean boards.— To ensure adequate funding of the operations of qualified State soybean boards under this subtitle, whenever an order is in effect under this subtitle, no State law or regulation that limits the rate of assessment that the qualified State soybean board in that State may collect from producers on soybeans produced in such State, or that has the effect of limiting such rate, may be applied to prohibit such State board from collecting, and expending for authorized purposes, assessments from producers of up to the full amount of the credit authorized for producer contributions to qualified State soybean boards under section 1969(k)(4). (b) Amendments to Orders.— The provisions of this subtitle applicable to orders shall be applicable to amendments to orders.

  2. Pub. L. 102–237 § 806(3)(B) · 105 Stat. 1818

    Redesignated · 7 U.S.C. § 6309(b)

    Pub. L. 102–237, § 806(3)(B), redesignated second subsec. (b), relating to amendments to orders, as (c)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–237, § 806(3)(B), redesignated second subsec. (b), relating to amendments to orders, as (c).

    Enacted provision · exact public law section
    (B) by redesignating the second subsection (b) as subsection (c).

  3. Pub. L. 102–237 § 806(3)(A) · 105 Stat. 1818

    Substituted · 7 U.S.C. § 6309(b)(3)

    Pub. L. 102–237, § 806(3)(A), substituted “section 6304(l)(4)” for “section 6304(k)(4)”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 102–237, § 806(3)(A), substituted “section 6304(l)(4)” for “section 6304(k)(4)”.

    Enacted provision · exact public law section
    (A) in subsection (b)(3), by striking “section 1969(k)(4)” and inserting “section 1969(1)(4)”; and

  4. Pub. L. 102–237 § 806(3)(B) · 105 Stat. 1818

    Redesignated · 7 U.S.C. § 6309(c)

    Pub. L. 102–237, § 806(3)(B), redesignated second subsec. (b), relating to amendments of orders, as (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–237, § 806(3)(B), redesignated second subsec. (b), relating to amendments of orders, as (c).

    Enacted provision · exact public law section
    (B) by redesignating the second subsection (b) as subsection (c).

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments

1991—Subsec. (b). Pub. L. 102–237, § 806(3)(B), redesignated second subsec. (b), relating to amendments to orders, as (c).

Subsec. (b)(3). Pub. L. 102–237, § 806(3)(A), substituted “section 6304(l)(4)” for “section 6304(k)(4)”.

Subsec. (c). Pub. L. 102–237, § 806(3)(B), redesignated second subsec. (b), relating to amendments of orders, as (c).

Credits

1990–1991 · 2 acts
  1. 1990Pub. L. 101–624, title XIX, § 1974, , 104 Stat. 3903
  2. 1991Pub. L. 102–237, title VIII, § 806(3), , 105 Stat. 1883.
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(Pub. L. 101–624, title XIX, § 1974, , 104 Stat. 3903; Pub. L. 102–237, title VIII, § 806(3), , 105 Stat. 1883.)

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