Laws: Cases and Codes : U.S. Code : Title 7 : Section 4607


   
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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