7 U.S.C. § 7463: Issuance of orders

Summary

The Secretary must issue one national order that applies to kiwifruit producers, handlers, and importers to carry out the goals of this subchapter. No more than one such order can be in effect at any one time. Anyone who would be affected may ask for an order and send a proposed version. Within 90 days of getting that request and proposal, the Secretary must publish a proposed order and give public notice and a chance to comment. After the comment period, the Secretary will issue the final order, consider the comments, and include what is needed to make the order follow the subchapter. The Secretary may change an order later. The same rules apply to changes, except an amendment does not require a referendum to take effect.

Title 7, §7463

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(a)Issuance

To effectuate the purposes of this subchapter specified in section 7461(b) of this title, the Secretary shall issue an order applicable to producers, handlers, and importers of kiwifruit. Any such order shall be national in scope. Not more than 1 order shall be in effect under this subchapter at any 1 time.

(b)Procedure

(1)Proposal for issuance of order

Any person that will be affected by this subchapter may request the issuance of, and submit a proposal for, an order under this subchapter.

(2)Proposed order

Not later than 90 days after the receipt of a request and proposal for an order, the Secretary shall publish a proposed order and give due notice and opportunity for public comment on the proposed order.

(3)Issuance of order

After notice and opportunity for public comment are provided under 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 this subchapter.

(c)Amendments

The Secretary may amend any order issued under this section. The provisions of this subchapter applicable to an order shall be applicable to an amendment to an order, except that an amendment to an order shall not require a referendum to become effective.

Editorial Notes

Amendments

1998—Subsec. (c). Pub. L. 105–185 inserted “, except that an amendment to an order shall not require a referendum to become effective” before period at end.

§7463 Issuance of Orders

Summary

Title 7, §7463

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata