§ 7413. — Issuance of orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7413]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER II--ISSUANCE OF ORDERS FOR PROMOTION, RESEARCH, AND
INFORMATION ACTIVITIES REGARDING AGRICULTURAL COMMODITIES
Sec. 7413. Issuance of orders
(a) Issuance authorized
(1) In general
To effectuate the purpose of this subchapter, the Secretary may
issue, and amend from time to time, orders applicable to--
(A) the producers of an agricultural commodity;
(B) the first handlers of the agricultural commodity and
other persons in the marketing chain as appropriate; and
(C) the importers of the agricultural commodity, if imports
of the agricultural commodity are subject to assessment under
section 7415(f) of this title.
(2) National scope
Each order issued under this section shall be national in scope.
(b) Procedure for issuance
(1) Development or receipt of proposed order
A proposed order with respect to an agricultural commodity may
be--
(A) prepared by the Secretary at any time; or
(B) submitted to the Secretary by--
(i) an association of producers of the agricultural
commodity; or
(ii) any other person that may be affected by the
issuance of an order with respect to the agricultural
commodity.
(2) Consideration of proposed order
If the Secretary determines that a proposed order is consistent
with and will effectuate the purpose of this subchapter, the
Secretary shall publish the proposed order in the Federal Register
and give due notice and opportunity for public comment on the
proposed order.
(3) Existence of other orders
In deciding whether a proposal for an order is consistent with
and will effectuate the purpose of this subchapter, the Secretary
may consider the existence of other Federal promotion, research, and
information programs or orders issued or developed pursuant to any
other law.
(4) Preparation of final order
After notice and opportunity for public comment under paragraph
(2) regarding a proposed order, the Secretary shall take into
consideration the comments received in preparing a final order. The
Secretary shall ensure that the final order is in conformity with
the terms, conditions, and requirements of this subchapter.
(c) Issuance and effective date
If the Secretary determines that the final order developed with
respect to an agricultural commodity is consistent with and will
effectuate the purpose of this subchapter, the Secretary shall issue the
final order. Except in the case of an order for which an initial
referendum is conducted under section 7417(a) of this title, the final
order shall be issued and become effective not later than 270 days after
the date of publication of the proposed order that was the basis for the
final order.
(d) Amendments
From time to time the Secretary may amend any order, consistent with
the requirements of section 7422 of this title.
(Pub. L. 104-127, title V, Sec. 514, Apr. 4, 1996, 110 Stat. 1035.)
Section Referred to in Other Sections
This section is referred to in section 7412 of this title.
