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7 U.S.C. § 4914 — Amendment procedure

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

7 U.S.C. § 4914 — Amendment procedure

**(a) In general** Before a plan issued by the Secretary under this chapter may be amended, the Secretary shall publish the proposed amendments for public comment and conduct a referendum in accordance with [section 4912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4912&num=0&edition=prelim). **(b) Separate consideration of amendments** (1) **In general** — The amendments described in paragraph (2) that are required to be made by the Secretary to a plan as a result of the amendments made by the Watermelon Research and Promotion Improvement Act of 1993 shall be subject to separate line item voting and approval in a referendum conducted pursuant to [section 4912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4912&num=0&edition=prelim) before the Secretary alters the plan as in effect on the day before December 14, 1993. (2) **Amendments** — The amendments referred to in paragraph (1) are the amendments to a plan required under— (A) section 7 of the Watermelon Research and Promotion Improvement Act of 1993 relating to the elimination of the assessment refund; and (B) section 8 of such Act relating to subjecting importers to the terms and conditions of the plan. (3) **Importers** — When conducting the referendum relating to subjecting importers to the terms and conditions of a plan, the Secretary shall include as eligible voters in the referendum producers, handlers, and importers who would be subject to the plan if the amendments to a plan were approved.

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Source location: Title 7, Chapter 80, § 4914; chapter-080-watermelon-research-and-promotion.md

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

7 U.S.C. § 4901 — Congressional findings and declaration of policy

**(a)** Congress finds that— (1) the per capita consumption of watermelons in the United States has declined steadily in recent years; (2) watermelons are an important cash crop to many farmers in the United States and are an economical, enjoyable, and healthful food for consumers; (3) approximately 2,607,600,000 pounds of watermelons with a farm value of $158,923,000 were produced in 1981 in the United States; (4) watermelons move in the channels of interstate commerce, and watermelons that do not move in such channels directly affect interstate commerce; (5) the maintenance and expansion of existing markets and the establishment of new or improved markets and uses for watermelons are vital to the welfare of watermelon growers and those concerned with marketing, using, handling, and importing watermelons, as well as the general economic welfare of the Nation; and (6) the development and implementation of coordinated programs of research, development, advertising, and promotion are necessary to maintain and expand existing markets and establish new or improved markets and uses for watermelons. **(b)** It is declared to be the policy of Congress that it is essential in the public interest, through the exercise of the powers provided herein, to authorize the establishment of an orderly procedure for the development, financing (through adequate assessments on watermelons harvested in the United States, or imported into the United States, for commercial use), and carrying out of an effective, continuous, and coordinated program of research, development, advertising, and promotion designed to strengthen the watermelon’s competitive position in the marketplace, and establish, maintain, and expand domestic and foreign markets for watermelons. The purpose of this chapter

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

7 U.S.C. § 4906 — Required terms in plans

**(a) Description of terms and provisions** Any plan issued under this chapter shall contain the terms and provisions described in this section. **(b) Establishment and powers of National Watermelon Promotion Board** The plan shall provide for the establishment by the Secretary of the National Watermelon Promotion Board and for defining its powers and duties, which shall include the powers to— (1) administer the plan in accordance with its terms and conditions; (2) make rules and regulations to effectuate the terms and conditions of the plan; (3) receive, investigate, and report to the Secretary complaints of violations of the plan; and (4) recommend to the Secretary amendments to the plan. **(c) Membership of Board; representation of interests; appointment; nomination; eligibility of producers; importer representation** (1) The plan shall provide that the Board shall be composed of representatives of producers and handlers, and one representative of the public, appointed by the Secretary from nominations submitted in accordance with this subsection. An equal number of representatives of producers and handlers shall be nominated by producers and handlers, and the representative of the public shall be nominated by the other members of the Board, in such manner as may be prescribed by the Secretary. If producers and handlers fail to select nominees for appointment to the Board, the Secretary may appoint persons on the basis of representation as provided for in the plan. If the Board fails to nominate a public representative, the Secretary shall choose such representative for appointment. (2) A producer shall be eligible to serve on the Board only as a representative of handlers, and not as a representative of producers, if— (A) the producer purchases watermelo

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

7 U.S.C. § 4912 — Requirement of referendum

**(a)** The Secretary shall conduct a referendum among producers, handlers, and importers not exempt under sections 4902(5) and 4907(b) of this title who, during a representative period determined by the Secretary, have been engaged in the production, handling, or importing of watermelons, for the purpose of ascertaining whether the issuance of a plan is approved or favored by producers, handlers, and importers. The ballots and other information or reports that reveal or tend to reveal the vote of any producer, handler, or importer or the person’s volume of watermelons produced, handled, or imported shall be held strictly confidential and shall not be disclosed. Any officer or employee of the Department of Agriculture violating the provisions hereof shall be subject to the penalties provided in [section 4908(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4908/c&num=0&edition=prelim). **(b)** A plan issued under this chapter shall not take effect unless the Secretary determines that the issuance of the plan is approved or favored by a majority of the producers and handlers (and importers who are subject to the plan) voting in the referendum.

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

7 U.S.C. § 4914 — Amendment procedure

Page 1737 TITLE 7—AGRICULTURE §§ 5001 to 5007 § 4914. Amendment procedure (a) In general Before a plan issued by the Secretary under this chapter may be amended, the Secretary shall publish the proposed amendments for pub- lic comment and conduct a referendum in ac- cordance with section 4912 of this title. (b) Separate consideration of amendments (1) In general The amendments described in paragraph (2) that are required to be made by the Secretary to a plan as a result of the amendments made by the Watermelon Research and Promotion Improvement Act of 1993 shall be subject to separate line item voting and approval in a referendum conducted pursuant to section 4912 of this title before the Secretary alters the plan as in effect on the day before December 14, 1993. (2) Amendments The amendments referred to in paragraph (1) are the amendments to a plan required under— (A) section 7 of the Watermelon Research and Promotion Improvement Act of 1993 re- lating to the elimination of the assessment refund; and (B) section 8 of such Act relating to sub- jecting importers to the terms and condi- tions of the plan. (3) Importers When conducting the referendum relating to subjecting importers to the terms and condi- tions of a plan, the Secretary shall include as eligible voters in the referendum producers, handlers, and importers who would be subject to the plan if the amendments to a plan were approved. (Pub. L. 99–198, title XVI, § 1655, Dec. 23, 1985, 99 Stat. 1630; Pub. L. 103–189, § 10, Dec. 14, 1993, 107 Stat. 2264.) Editorial Notes REFERENCES IN TEXT The Watermelon Research and Promotion Improve- ment Act of 1993, referred to in subsec. (b)(1), (2), is Pub. L. 103–189, Dec. 14, 1993, 107 Stat. 2259, which amended this section and sections

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