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U.S. Code as of:
01/03/05
Section 511s. Grading of tobacco
(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.
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