Title 7 — Agriculture
Chapter 101 — Agricultural Promotion
§ 7463. Issuance of orders
Statutory text
Issuance
To effectuate the purposes of this subchapter specified in section 7461(b) of this title, the Secretary shall issue an order applicable to producers, handlers, and importers of kiwifruit. Any such order shall be national in scope. Not more than 1 order shall be in effect under this subchapter at any 1 time.
Procedure
Proposal for issuance of order
Any person that will be affected by this subchapter may request the issuance of, and submit a proposal for, an order under this subchapter.
Proposed order
Not later than 90 days after the receipt of a request and proposal for an order, the Secretary shall publish a proposed order and give due notice and opportunity for public comment on the proposed order.
Issuance of order
After notice and opportunity for public comment are provided under paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with this subchapter.
Amendments
The Secretary may amend any order issued under this section. The provisions of this subchapter applicable to an order shall be applicable to an amendment to an order, except that an amendment to an order shall not require a referendum to become effective.
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.
National Kiwifruit Research, Promotion, and Consumer Information Act
Pub. L. 104–127 title V § 554 · 110 Stat. 888
Enacted · 7 U.S.C. § 7463
Pub. L. 104–127, title V, § 554, Apr. 4, 1996, 110 Stat. 1065
Source evidence
Code source credit
Pub. L. 104–127, title V, § 554, Apr. 4, 1996, 110 Stat. 1065Enacted provision · exact public law section
SEC. 554. ISSUANCE OF ORDERS. (a) Issuance.— To effectuate the purposes of this subtitle specified in section 552(b), the Secretary shall issue an order applicable to producers, handlers, and importers of kiwifruit. Any such order shall be national in scope. Not more than 1 order shall be in effect under this subtitle at any 1 time. (b) Procedure.— (1) Proposal for issuance of order.— Any person that will be affected by this subtitle may request the issuance of, and submit a proposal for, an order under this subtitle. (2) Proposed order.— Not later than 90 days after the Publication. receipt of a request and proposal for an order, the Secretary shall publish a proposed order and give due notice and opportunity for public comment on the proposed order. (3) Issuance of order.— After notice and opportunity for public comment are provided under paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with this subtitle. (c) Amendments.— The Secretary may amend any order issued under this section. The provisions of this subtitle applicable to an order shall be applicable to an amendment to an order.Agricultural Research, Extension, and Education Reform Act of 1998
Pub. L. 105–185 title VI § 603(a) · 112 Stat. 523
Inserted · 7 U.S.C. § 7463(c)
Pub. L. 105–185 inserted “, except that an amendment to an order shall not require a referendum to become effective” before period at end
Source evidence
Code amendment note
Subsec. (c). Pub. L. 105–185 inserted “, except that an amendment to an order shall not require a referendum to become effective” before period at end.Enacted provision · exact public law section
(a) Amendments to Orders.— Section 554(c) of the National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7463(c)) is amended in the second sentence by inserting before the period at the end the following: “, except that an amendment to an order shall not require a referendum to become effective”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
1998—Subsec. (c). Pub. L. 105–185 inserted “, except that an amendment to an order shall not require a referendum to become effective” before period at end.
Credits
1996–1998 · 2 acts
- 1996Pub. L. 104–127, title V, § 554, , 110 Stat. 1065
- 1998Pub. L. 105–185, title VI, § 603(a), , 112 Stat. 585.
Show as published
(Pub. L. 104–127, title V, § 554, , 110 Stat. 1065; Pub. L. 105–185, title VI, § 603(a), , 112 Stat. 585.)