Title 7AgricultureRelease 119-73not60

§4613 Implementation of Amendments Made by Agricultural Research, Extension, and Education Reform Act of 1998

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

Last updated Apr 3, 2026|Official source

Summary

Require the Secretary to write a new order that puts into effect the changes made by section 605 of the Agricultural Research, Extension, and Education Reform Act of 1998 (except subsection (m)). The Secretary must publish a proposed order within 90 days after June 23, 1998 and allow public comment. Then, within 240 days after that publication, the Secretary must issue a final order that takes the comments into account and matches the section 605 changes. Once the final order is issued, the Secretary must hold a single referendum only to decide if the amended order will take effect. No single part of the order can be voted on separately. Only persons who were producers, producer-packers, importers, or handlers during the two calendar years before the vote may vote. Producer-packers, importers, and handlers vote as if the amended order had been in place and they had owed the higher assessments during that two-year “representative” period. Vote weights and the amounts of honey tied to votes follow the rules in section 4611; a handler’s vote uses the amount they handled in that period that would have been assessed. The amended order becomes effective only if the Secretary finds it approved under section 4611. If the vote fails, the order that was in effect on June 23, 1998 stays in force, and the Secretary may change the order to match the rules that applied before June 23, 1998. The Secretary may also try again to issue an amended order using the usual procedures, but any change that is subject to a referendum must be approved under section 4611 before it takes effect. If the amended order is approved, any referendum required by section 4612(c) cannot be held until at least 5 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 3, 2026

Release point: 119-73not60