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7 U.S.C. § 7422 — Amendments to orders

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7422 — Amendments to orders

The provisions of this subchapter applicable to an order shall be applicable to any amendment to an order, except that [section 7417 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7417&num=0&edition=prelim) shall not apply to an amendment.

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Stable record: federal_law:legal_authorities:record_usc_42da460b6c252a7d6e3528f1
Source file: Laws/federal/codes/united-states-code/title-7/section-7422-amendments-to-orders--acf42470f0.md
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Source location: Title 7, Chapter 101, § 7422; chapter-101-agricultural-promotion.md

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The provisions of this subchapter applicable to an order shall be applicable to any amendment to an order, except that [section 7417 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7417&num=0&edition=prelim) shall not apply to an amendment.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7417 — Referenda

**(a) Initial referendum** (1) **Optional referendum** — For the purpose of ascertaining whether the persons to be covered by an order favor the order going into effect, the order may provide for the Secretary to conduct an initial referendum among persons to be subject to an assessment under [section 7416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7416&num=0&edition=prelim) who, during a representative period determined by the Secretary, engaged in— (A) the production or handling of the agricultural commodity covered by the order; or (B) the importation of the agricultural commodity. (2) **Procedure** — The results of the referendum shall be determined in accordance with subsection (e). The Secretary may require that the agricultural commodity industry involved post a bond or other collateral to cover the cost of the referendum. **(b) Required referenda** (1) **In general** — For the purpose of ascertaining whether the persons covered by an order favor the continuation, suspension, or termination of the order, the Secretary shall conduct a referendum among persons subject to assessments under [section 7416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7416&num=0&edition=prelim) who, during a representative period determined by the Secretary, have engaged in— (A) the production or handling of the agricultural commodity covered by the order; or (B) the importation of the agricultural commodity. (2) **Time for referendum** — The referendum shall be conducted not later than 3 years after assessments first begin under the order. (3) **Exception** — This subsection shall not apply if an initial referendum was conducted under subsection (a). **(c) Subsequent referenda

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7415/f&num=0&edition=prelim). (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 a

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7422 — Amendments to orders

Page 2017 TITLE 7—AGRICULTURE § 7442 (b) Implementation of suspension or termination If, as a result of a referendum conducted under section 7417 of this title, the Secretary deter- mines that an order is not approved, the Sec- retary shall— (1) not later than 180 days after making the determination, suspend or terminate, as the case may be, collection of assessments under the order; and (2) as soon as practicable, suspend or termi- nate, as the case may be, activities under the order in an orderly manner. (Pub. L. 104–127, title V, § 522, Apr. 4, 1996, 110 Stat. 1047.) § 7422. Amendments to orders The provisions of this subchapter applicable to an order shall be applicable to any amendment to an order, except that section 7417 of this title shall not apply to an amendment. (Pub. L. 104–127, title V, § 523, Apr. 4, 1996, 110 Stat. 1047.) § 7423. Effect on other laws This subchapter shall not affect or preempt any other Federal or State law authorizing pro- motion or research relating to an agricultural commodity. (Pub. L. 104–127, title V, § 524, Apr. 4, 1996, 110 Stat. 1047.) § 7424. Regulations The Secretary may issue such regulations as may be necessary to carry out this subchapter and the power vested in the Secretary under this subchapter. (Pub. L. 104–127, title V, § 525, Apr. 4, 1996, 110 Stat. 1048.) § 7425. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as may be necessary to carry out this sub- chapter. (b) Limitation on expenditures for administra- tive expenses Funds appropriated to carry out this sub- chapter may not be expended for the payment of expenses incurred by a board to administer an order. (Pub. L. 104–127, title V, § 526, Apr. 4, 1996, 110 Stat. 1048.) SUBCHA

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