
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
