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U.S. Code as of:
01/03/05
Section 4607. Permissive terms and provisions
(a) In general
On the recommendation of the Honey Board, and with the approval
of the Secretary, an order issued pursuant to this chapter may
contain one or more of the following provisions:
(1) Providing authority to exempt from the provisions of the
order honey used for exporting and providing authority for the
Honey Board to require satisfactory safeguards against improper
use of such exemption.
(2) Providing that in a State with an existing marketing order
with respect to honey, the objectives of which the Secretary
determines are comparable to the program established under this
chapter, there shall be paid to the Honey Board as provided in
section 4608 of this title that portion of the national
assessment which is above the State assessment, if any, actually
paid on such honey.
(3) Providing for authority to designate different handler
payment and reporting schedules to recognize differences in
marketing practices and procedures.
(4) Providing that the Honey Board may convene from time to
time working groups drawn from producers, honey handlers,
importers, exporters, members of the wholesale or retail outlets
for honey, or other members of the public to assist in the
development of research and marketing programs for honey.
(5) Providing for authority to accumulate reserve funds from
assessments collected pursuant to this chapter to permit an
effective and continuous coordinated program of research,
promotion, and consumer information, in years when the production
and assessment income may be reduced, but the total reserve fund
may not exceed the amount budgeted for one year's operation.
(6) Providing for the authority to use funds collected under
this chapter with the approval of the Secretary for the
development and expansion of honey and honey product sales in
foreign markets.
(7) Providing for terms and conditions incidental to, and not
inconsistent with, the terms and conditions specified in this
chapter and necessary to effectuate the other provisions of such
an order.
(8) If approved in a referendum conducted under this chapter,
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) of
this section may provide for the inspection, by the Secretary, of
honey and 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) of this section, the Honey Board,
with the approval of the Secretary, may establish and carry out a
voluntary quality assurance program concerning purity 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
purity 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 Secretary
Notwithstanding any other provision of this chapter, the
Secretary shall have the authority to approve or disapprove the
establishment of minimum purity standards, the inspection and
monitoring system under subsection (b) of this section, and the
voluntary quality assurance program under subsection (c) of this
section.
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