Title 7AgricultureRelease 119-73

§4613 Implementation of amendments made by Agricultural Research, Extension, and Education Reform Act of 1998

Title 7 › Chapter CHAPTER 77— - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION › § 4613

Last updated Apr 6, 2026|Official source

Summary

The Secretary must create and publish an updated order that reflects the 1998 changes. Within 90 days after June 23, 1998, the Secretary must publish a proposed order and allow public comment. Within 240 days after that publication, the Secretary must issue a final order that takes comments into account and matches the 1998 changes. When the final order is issued, the Secretary must hold a single referendum to decide whether the whole amended order becomes effective. No single part of the order gets its own vote. People who may vote are producers, producer-packers, importers, or handlers who were active during the two calendar years before the referendum (the representative period). Producer-packers, importers, and handlers vote as if the amended order had been in effect during that period and as if they had paid the higher assessments. The amount of honey tied to each vote is set by the usual vote-counting rules. The amended order only becomes effective if it wins approval under those rules. If the amended order is rejected, the order that was in effect on June 23, 1998 stays in force. The Secretary can still try other changes using the normal procedures, but any change that needs a referendum must be approved the regular way before it takes effect. If the amended order is approved, other required referendums cannot be held until five years after this referendum.

Full Legal Text

Title 7, §4613

Agriculture — Source: USLM XML via OLRC

(a)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)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)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)(1)(A)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)No individual provision of the amended order shall be subject to a separate vote under the referendum.
(2)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)(A)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)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)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)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)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)(1)Subject to paragraph (2), if adoption of the amended order is not approved in the referendum required under subsection (d), 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 section 4604 and 4605 of this title.
(2)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 605 of the Agricultural Research, Extension, and Education Reform Act of 1998, referred to in subsecs. (a) to (d)(1)(A) and (f)(1), is section 605 of Pub. L. 105–185, June 23, 1998, 112 Stat. 523, which enacted this section and amended sections 4601 to 4612 of this title. Subsec. (m) of section 605 enacted this section.

Reference

Citations & Metadata

Citation

7 U.S.C. § 4613

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73