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U.S. Code as of:
01/03/05
Section 4613. Implementation of amendments made by Agricultural Research, Extension, and Education Reform Act of 1998
(a) Issuance of amended order
To implement the amendments made to this chapter by section 605
of the Agricultural Research, Extension, and Education Reform Act
of 1998 (other than subsection (m) of that section), the Secretary
shall issue an amended order under section 4603 of this title that
reflects those amendments.
(b) Proposal of amended order
Not later than 90 days after June 23, 1998, the Secretary shall
publish a proposed order under section 4603 of this title that
reflects the amendments made by section 605 of the Agricultural
Research, Extension, and Education Reform Act of 1998. The
Secretary shall provide notice and an opportunity for public
comment on the proposed order in accordance with section 4604 of
this title.
(c) Issuance of amended order
Not later than 240 days after publication of the proposed order,
the Secretary shall issue an order under section 4605 of this
title, taking into consideration the comments received and
including in the order such provisions as are necessary to ensure
that the order conforms with the amendments made by section 605 of
the Agricultural Research, Extension, and Education Reform Act of
1998.
(d) Referendum on amended order
(1) Requirement
(A) In general
On issuance of an order under section 4605 of this title
reflecting the amendments made by section 605 of the
Agricultural Research, Extension, and Education Reform Act of
1998, the Secretary shall conduct a referendum under this
section for the sole purpose of determining whether the order
as amended shall become effective.
(B) Individual provisions
No individual provision of the amended order shall be subject
to a separate vote under the referendum.
(2) Eligible voters
The Secretary shall conduct the referendum among persons
subject to assessment under the order that have been producers,
producer-packers, importers, or handlers during the
2-calendar-year period that precedes the referendum, which period
shall be considered to be the representative period.
(3) Determination of quantity
(A) In general
Producer-packers, importers, and handlers shall be allowed to
vote as if -
(i) the amended order had been in place during the
representative period described in paragraph (2); and
(ii) they had owed the increased assessments provided by
the amended order.
(B) Votes and attributed quantity for producer-packers and
importers
The votes and the quantity of honey and honey products
attributed to the votes of producer-packers and importers shall
be determined in accordance with section 4611 of this title.
(C) Attributed quantity for handlers
The quantity of honey and honey products attributed to the
vote of a handler shall be the quantity handled in the
representative period described in paragraph (2) for which the
handler would have owed assessments had the amended order been
in effect.
(4) Effectiveness of order
The amended order shall become effective only if the Secretary
determines that the amended order is effective in accordance with
section 4611 of this title.
(e) Continuation of existing order if amended order is rejected
If adoption of the amended order is not approved -
(1) the order issued under section 4603 of this title that is
in effect on June 23, 1998, shall continue in full force and
effect; and
(2) the Secretary may amend the order to ensure the conformity
of the order with this chapter (as in effect on the day before
June 23, 1998).
(f) Effect of rejection on subsequent orders
(1) In general
Subject to paragraph (2), if adoption of the amended order is
not approved in the referendum required under subsection (d) of
this section, the Secretary may issue an amended order that
implements some or all of the amendments made to this chapter by
section 605 of the Agricultural Research, Extension, and
Education Reform Act of 1998, or makes other changes to an
existing order, in accordance with the administrative procedures
specified in sections 4604 and 4605 of this title.
(2) Approval
An amendment to an order that implements a provision that is
subject to a referendum shall be approved in accordance with
section 4611 of this title before becoming effective.
(g) Effect on periodic referenda
If the amended order becomes effective, any referendum otherwise
required to be conducted under section 4612(c) of this title shall
not be held before the date that is 5 years after the date of the
referendum conducted under this section.
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