Contents
- 6201 Findings, purposes, and limitations
- 6202 Definitions1 change
- 6203 Issuance of orders
- 6204 Required terms in orders9 changes
- 6205 Permissive terms in orders
- 6206 Petition and review
- 6207 Enforcement1 change
- 6208 Investigations and power to subpoena1 change
- 6209 Initial referendum1 change
- 6210 Suspension and termination
- 6211 Authorization of appropriations
- 6212 Regulations
Chapter 91 · Lime promotion, research, and consumer information
6201Findings, purposes, and limitations#
(a)Congress finds that—
(1)domestically produced limes are grown by many individual producers;
(2)virtually all domestically produced limes are grown in the States of Florida and California;
(3)limes move in interstate and foreign commerce, and limes that do not move in such channels of commerce directly burden or affect interstate commerce in limes;
(4)in recent years, large quantities of limes have been imported into the United States;
(6)a coordinated program of research, promotion, and consumer information regarding limes is necessary for the maintenance and development of such markets; and
(b)The purposes of this chapter are—
(1)to authorize the establishment of an orderly procedure for the development and financing (through an adequate assessment) of an effective and coordinated program of research, promotion, and consumer information regarding limes designed—
(A)to strengthen the position of the lime industry in domestic and foreign markets, and
(B)to maintain, develop, and expand markets for limes; and
(2)to treat domestically produced and imported limes equitably.
(c)Nothing in this chapter shall be construed to require quality standards for limes, control the production of limes, or otherwise limit the right of the individual producers to produce limes.
6202Definitions#
As used in this chapter:
(2)The term “consumer information” means any action taken to provide information to, and broaden the understanding of, the general public regarding the use, nutritional attributes, and care of limes.
(3)The term “handle” means to sell, purchase, or package limes.
(5)The term “importer” means any person who imports limes into the United States.
(6)The term “lime” means the fruit of a citrus latifolia tree for the fresh market.
(7)The term “marketing” means the sale or other disposition of limes in commerce.
(9)The term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or other legal entity.
(10)The term “producer” means any person who produces limes in the United States for sale in commerce.
(11)The term “producer-handler” means any person who is both a producer and handler of limes.
(12)The term “promotion” means any action taken under this chapter (including paid advertising) to present a favorable image for limes to the general public with the express intent of improving the competitive position and stimulating the sale of limes.
(15)The term—
(A)“State” means each of the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and
(B)“United States” means the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
6203Issuance of orders#
(a)Subject to this chapter, and to effectuate the declared purposes of this chapter, the Secretary shall issue and, from time to time, amend lime research, promotion, and consumer information orders applicable to handlers, producers, producer-handlers, and importers of limes. Any such order shall be national in scope. Not more than one order shall be in effect under this chapter at any one time.
(b)
(3)After notice and opportunity for public comment are given, as provided in paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with the requirements of this chapter.
6204Required terms in orders#
(1)The Board shall be composed of—
(A)3 members who are producers and who are not exempt from an assessment under subsection (d)(5)(A);
(B)3 members who are importers and who are not exempt from an assessment under subsection (d)(5)(A); and
(C)one member appointed from the general public.
(2)
(B)The 3 members who are producers shall be appointed from individuals nominated by lime producers.
(C)The 3 members who are importers shall be appointed from individuals nominated by lime importers.
(D)The public representative shall be appointed from nominations of the Board.
(F)The Secretary shall establish an initial Board from among nominations solicited by the Secretary. For the purpose of obtaining nominations for the members of the initial Board described in paragraph (1), the Secretary shall perform the functions of the Board under this subsection as the Secretary determines necessary and appropriate. The Secretary shall terminate the initial Board established under this subsection as soon as practicable after December 14, 1993.
(A)be appointed in the same manner as the member for whom such individual is an alternate; and
(B)serve on the Board if such member is absent from a meeting or is disqualified under paragraph (5).
(4)The initial members of the Board appointed under the amended order shall serve a term of 30 months. Subsequent appointments to the Board shall be for a term of 3 years, except that—
(A)2 members shall be appointed for a term of 1 year;
(B)2 members shall be appointed for a term of 2 years; and
(C)3 members shall be appointed for a term of 3 years;
as designated by the Secretary at the time of appointment.
(6)Members and alternates of the Board shall serve without pay.
(7)While away from their homes or regular places of business in the performance of duties for the Board, members and alternates shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed travel expenses under section 5703 of title 5.
(8)The Board shall—
(A)administer orders issued by the Secretary under section 6203(a) of this title, and amendments to such orders, in accordance with their terms and provisions and consistent with this chapter;
(B)prescribe rules and regulations to effectuate the terms and provisions of such orders;
(C)receive, investigate, and report to the Secretary accounts of violations of such orders;
(D)make recommendations to the Secretary with respect to amendments that should be made to such orders; and
(E)employ a manager and staff.
(c)Such order shall provide for periodic budgets and plans as follows:
(1)The Board shall prepare and submit to the Secretary a budget (on a fiscal period basis determined by the Secretary) of the anticipated expenses and disbursements of the Board in the administration of the order, including probable costs of research, promotion, and consumer information. A budget shall take effect on the approval of the Secretary.
(2)Each budget shall include a plan for research, promotion, and consumer information regarding limes. A plan under this paragraph shall take effect on the approval of the Secretary. The Board may enter into contracts and agreements, with the approval of the Secretary, for—
(A)the development and carrying out of such plan; and
(B)the payment of the cost of such plan with funds collected pursuant to this chapter.
(d)Such order shall provide for the imposition and collection of assessments with regard to the production and importation of limes as follows:
(1)The assessment rate shall not exceed $.01 per pound of limes.
(2)Except as provided in paragraph (4), the first handler of limes shall—
(3)For purposes of paragraph (2), a producer-handler shall be considered the first handler of limes produced by such producer-handler.
(4)The assessment on imported limes shall be paid by the importer at the time of entry into the United States and shall be remitted to the Board.
(5)The following persons are exempt from an assessment under this subsection—
(A)a producer who produces less than 200,000 pounds of limes per year;
(B)a producer-handler who produces and handles less than 200,000 pounds of limes per year; and
(C)an importer who imports less than 200,000 pounds of limes per year.
(e)
(A)may be used by the Board to—
(iii)fund a reserve established under section 6205(4) of this title; and
(f)Such order shall provide that any promotion funded with assessments collected under subsection (d) may not make—
(1)any false or unwarranted claims on behalf of limes; and
(2)any false or unwarranted statements with respect to the attributes or use of any product that competes with limes for sale in commerce.
(g)Such order shall provide that funds collected by the Board under this chapter through assessments authorized by this chapter may not, in any manner, be used for the purpose of influencing legislation or governmental policy or action, except for making recommendations to the Secretary as provided for in this chapter.
(h)
(A)to maintain books and records with respect to the receipt and disbursement of funds received by the Board;
(2)So that information and data will be available to the Board and the Secretary that is appropriate or necessary for the effectuation, administration, or enforcement of this chapter (or any order or regulation issued under this chapter), such order shall require handlers, producer-handlers, and importers who are responsible for the collection, payment, or remittance of assessments under subsection (d)—
(B)to file, at the times, in the manner, and having the content prescribed by the order, reports regarding the collection, payment, or remittance of such assessments.
(i)
(1)Such order shall require that all information obtained pursuant to subsection (h)(2) shall be kept confidential by all officers and employees of the Department and of the Board. Only such information as the Secretary considers relevant shall be disclosed to the public and only in a suit or administrative hearing, brought at the request of the Secretary or to which the Secretary or any officer of the United States is a party, involving the order with respect to which the information was furnished or acquired.
(2)Nothing in this subsection prohibits—
(j)Nothing in this chapter shall be construed to authorize the withholding of information from Congress.
6205Permissive terms in orders#
On the recommendation of the Board and with the approval of the Secretary, an order issued under section 6203(a) of this title may—
(1)provide authority to the Board to exempt from such order limes exported from the United States, subject to such safeguards as the Board may establish to ensure proper use of the exemption;
(4)provide authority to the Board to accumulate reserve funds from assessments collected pursuant to section 6204(d) of this title to permit an effective and continuous coordinated program of research, promotion, and consumer information, in years in which production and assessment income may be reduced, except that any reserve fund so established may not exceed the amount budgeted for operation of this chapter for 1 year;
(6)provide for terms and conditions—
(A)incidental to, and not inconsistent with, the terms and conditions specified in this chapter; and
(B)necessary to effectuate the other provisions of such order.
6206Petition and review#
(a)
(3)After the hearing, the Secretary shall make a ruling on the petition which shall be final if in accordance with law.
(b)
(1)The district courts of the United States in any district in which such person who is a petitioner under subsection (a) resides or carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a).
(2)Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3)If the court determines that the ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions either—
(A)to make such ruling as the court shall determine to be in accordance with law; or
(B)to take such further action as, in the opinion of the court, the law requires.
(4)The pendency of proceedings instituted pursuant to subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief pursuant to section 6207 of this title.
6207Enforcement#
(a)Each district court of the United States shall have jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any order or regulation made or issued by the Secretary under this chapter.
(b)A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action, except that the Secretary is not required to refer to the Attorney General a violation of this chapter, or any order or regulation issued under this chapter, if the Secretary believes that the administration and enforcement of this chapter would be adequately served by administrative action under subsection (c) or suitable written notice or warning to any person committing the violation.
(c)
(1)Any person who willfully violates any provision of any order or regulation issued by the Secretary under this chapter, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of the person under the order or regulation, may be assessed a civil penalty by the Secretary of not less than $500 nor more than $5,000 for each such violation. Each violation shall be a separate offense.
(d)
(1)Any person against whom a violation is found and a civil penalty assessed or cease and desist order issued under subsection (c) may obtain review of the penalty or order in the district court of the United States for the district in which such person resides or does business, or the United States District Court for the District of Columbia, by—
(A)filing a notice of appeal in such court not later than 30 days after the date of such order; and
(B)simultaneously sending a copy of such notice by certified mail to the Secretary.
(3)A finding of the Secretary shall be set aside only if the finding is found to be unsupported by substantial evidence.
(e)Any person who fails to obey a cease and desist order issued by the Secretary after the order has become final and unappealable, or after the appropriate United States district court has entered a final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary, after opportunity for a hearing and for judicial review under the procedures specified in subsections (c) and (d), of not more than $500 for each offense. Each day during which such failure continues shall be considered a separate violation of such order.
(f)If a person fails to pay an assessment of a civil penalty after it has become a final and unappealable order issued by the Secretary, or after the appropriate United States district court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in the district court of the United States in any district in which the person resides or conducts business. In such action, the validity and appropriateness of the final order imposing such civil penalty shall not be subject to review.
6208Investigations and power to subpoena#
(1)for the effective carrying out of the responsibilities of the Secretary under this chapter; or
(b)
(1)For the purpose of an investigation made under subsection (a), the Secretary may administer oaths and affirmations and may issue a subpoena to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the United States.
(2)For the purpose of an administrative hearing held under section 6206 or 6207 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States.
(c)In case of contumacy by, or refusal to obey a subpoena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in order to enforce a subpoena issued by the Secretary under subsection (b). The court may issue an order requiring such person to comply with such a subpoena.
(d)Any failure to obey such order of the court may be punished by such court as a contempt thereof.
(f)The site of any hearings held under section 6206 or 6207 of this title shall be within the judicial district where such person is an inhabitant or has a principal place of business.
6209Initial referendum#
(a)Not later than 30 months after the date on which the collection of assessments begins under the order pursuant to section 6204(d) of this title, the Secretary shall conduct a referendum among producers, producer-handlers, and importers who—
(1)are not exempt from assessment under section 6204(d)(5) of this title; and
(2)produced or imported limes during a representative period as determined by the Secretary.
(b)The referendum referred to in subsection (a) is for the purpose of determining whether the issuance of the order is approved or favored by not less than a majority of the producers, producer-handlers, and importers voting in the referendum. The order shall continue in effect only with such a majority.
(c)The ballots and other information or reports that reveal, or tend to reveal, the vote of any person under this section, or section 6210 of this title, shall be held strictly confidential and shall not be disclosed.
(d)
(1)A portion of the assessments collected from producers, producer-handlers, and importers prior to announcement of the results of the referendum provided for in this section shall be held in an escrow account until the results of the referendum are published by the Secretary. The amount in the escrow account shall be equal to the product obtained by multiplying the total amount of assessments collected during such period by 10 percent.
(3)
(A)If—
(i)the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by producers, producer-handlers, or importers; and
(ii)the plan is not approved pursuant to the referendum conducted under subsection (a);
(B)A producer, producer-handler, or importer shall be eligible to receive a refund—
(i)if demand is made personally, in accordance with regulations and on a form and within a time period prescribed by the Board, but in no event less than 90 days after the date of publication of the results of the referendum; and
(C)Any funds not refunded under this paragraph shall be released to be used to carry out this chapter.
6210Suspension and termination#
(e)The Secretary shall suspend or terminate the order at the end of the marketing year if the Secretary determines that—
(1)the suspension or termination of the order is favored by not less than a majority of those persons voting in a referendum under subsection (b); and
(2)the producers, producer-handlers, and importers comprising this majority produce and import more than 50 percent of the volume of limes produced and imported by those voting in the referendum.
United States Government work; public domain under 17 U.S.C. § 105.