7 U.S.C. § 4913

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 4913 - Suspension or termination of plans

(a) Whenever the Secretary finds that a plan or any provision thereof obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of the plan or provision.

(b) The Secretary may conduct a referendum at any time, and shall hold a referendum on request of the Board or at least 10 percent of the combined total of the watermelon producers, handlers, and importers eligible to vote in a referendum, to determine if watermelon producers, handlers, and importers favor the termination or suspension of the plan. The Secretary shall terminate or suspend the plan at the end of the marketing year whenever the Secretary determines that the termination or suspension is favored by a majority of those voting in the referendum, and who produce, handle, or import more than 50 per cent of the combined total of the volume of the watermelons produced by the producers, handled by the handlers, or imported by the importers voting in the referendum.

7 U.S.C. § 4913

Pub. L. 99-198, title XVI, §1654, Dec. 23, 1985, 99 Stat. 1630; Pub. L. 103-189, §8(j), Dec. 14, 1993, 107 Stat. 2263.

EDITORIAL NOTES

AMENDMENTS1993-Subsec. (b). Pub. L. 103-189, §8(j)(3), struck out at end "Any such referendum shall be conducted at county extension offices." Pub. L. 103-189, §8(j)(2)(C), which directed the substitution of ",handled by the handlers, or imported by the importers" for "or handled by the handlers," in second sentence, was executed by making the substitution in text which did not contain a comma after the word "handlers", to reflect the probable intent of Congress. Pub. L. 103-189, §8(j)(1)-(2) (B), in first sentence, substituted "at least 10 percent of the combined total" for "10 per centum or more" and ",handlers, and importers" for "and handlers" in two places, and in second sentence, substituted ",handle, or import" for "or handle" and "50 percent of the combined total" for "50 per centum".

Board

The term "Board" means the National Watermelon Promotion Board provided for in section 4906 of this title.

Secretary

The term "Secretary" means the Secretary of Agriculture.

plan

The term "plan" means an order issued by the Secretary under this chapter.

watermelon

The term "watermelon" means all varieties of watermelon grown by producers in the United States or imported into the United States.