7 U.S.C. § 4902 — Definitions

Page 1730 TITLE 7—AGRICULTURE § 4901 Sec. 4902. Definitions. 4903. Issuance of plans. 4904. Notice and hearings. 4905. Regulations. 4906. Required terms in plans. 4907. Permissive terms in plans. 4908. Assessment procedures. 4909. Petition and review. 4910. Enforcement. 4911. Investigation and power to subpoena. 4912. Requirement of referendum. 4913. Suspension or termination of plans. 4914. Amendment procedure. 4915. Separability. 4916. Authorization of appropriations. § 4901. Congressional findings and declaration of policy (a) Congress finds that— (1) the per capita consumption of water- melons 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 wa- termelons 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 exist- ing 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, develop- ment, advertising, and promotion are nec- essary to maintain and expand existing mar- kets 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 or- derly 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 car- rying out of an effective, continuous, and co- ordinated program of research, development, ad- vertising, and promotion designed to strengthen the watermelon’s competitive position in the marketplace, and establish, maintain, and ex- pand domestic and foreign markets for water- melons. The purpose of this chapter is to so au- thorize the establishment of such procedure and the development, financing, and carrying out of such program. Nothing in this chapter may be construed to dictate quality standards nor pro- vide for the control of production or otherwise limit the right of individual watermelon pro- ducers to produce watermelons. (Pub. L. 99–198, title XVI, § 1642, Dec. 23, 1985, 99 Stat. 1622; Pub. L. 103–189, § 8(k)(1), (2), Dec. 14, 1993, 107 Stat. 2263.) Editorial Notes AMENDMENTS 1993—Subsec. (a)(5). Pub. L. 103–189, § 8(k)(1), sub- stituted ‘‘handling, and importing’’ for ‘‘and handling’’. Subsec. (b). Pub. L. 103–189, § 8(k)(2), inserted ‘‘, or imported into the United States,’’ after ‘‘harvested in the United States’’ and struck out ‘‘produced in the United States’’ after ‘‘foreign markets for water- melons’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–189, § 1(a), Dec. 14, 1993, 107 Stat. 2259, pro- vided that: ‘‘This Act [amending this section and sec- tions 4902 to 4904, 4906, 4908, and 4911 to 4914 of this title] may be cited as the ‘Watermelon Research and Pro- motion Improvement Act of 1993’.’’ SHORT TITLE Pub. L. 99–198, title XVI, § 1641, Dec. 23, 1985, 99 Stat. 1622, provided that: ‘‘This subtitle [subtitle C (§§ 1641–1657) of Pub. L. 99–198, enacting this chapter] may be cited as the ‘Watermelon Research and Pro- motion Act’.’’ § 4902. Definitions As used in this chapter: (1) The term ‘‘Secretary’’ means the Sec- retary of Agriculture. (2) The term ‘‘person’’ means any individual, group of individuals, partnership, corporation, association, cooperative, or other entity. (3) The term ‘‘watermelon’’ means all vari- eties of watermelon grown by producers in the United States or imported into the United States. (4) The term ‘‘handler’’ means any person (except a common or contract carrier of wa- termelons owned by another person) who han- dles watermelons in a manner specified in a plan issued under this chapter or in regula- tions promulgated thereunder. (5) The term ‘‘producer’’ means any person engaged in the growing of 10 or more acres of watermelons. (6) The term ‘‘importer’’ means any person who imports watermelons into the United States. (7) The term ‘‘plan’’ means an order issued by the Secretary under this chapter. (8) The term ‘‘promotion’’ means any action taken by the Board, under this chapter, to present a favorable image for watermelons to the public with the express intent of improv- ing the competitive position of watermelons in the marketplace and stimulating sales of wa- termelons, and shall include, but not be lim- ited to, paid advertising. (9) The term ‘‘Board’’ means the National Watermelon Promotion Board provided for in section 4906 of this title. (10) The term ‘‘United States’’ means each of the several States and the District of Colum- bia. (Pub. L. 99–198, title XVI, § 1643, Dec. 23, 1985, 99 Stat. 1623; Pub. L. 103–189, §§ 3(a), 8(a), (k)(3), 9(a), Dec. 14, 1993, 107 Stat. 2259, 2261, 2263, 2264.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–189, § 8(k)(3)(A), substituted ‘‘chap- ter:’’ for ‘‘chapter—’’ in introductory provisions. Page 1731 TITLE 7—AGRICULTURE § 4906 Pars. (1), (2). Pub. L. 103–189, § 8(k)(3)(B), (C), sub- stituted ‘‘The term’’ for ‘‘the term’’ and a period for semicolon at end. Par. (3). Pub. L. 103–189, § 8(a)(1), (k)(3)(B), substituted ‘‘The term’’ for ‘‘the term’’ and ‘‘or imported into the United States.’’ for the semicolon at end. Pub. L. 103–189, § 3(a)(1), struck out ‘‘the forty-eight contiguous States of’’ after ‘‘by producers in’’. Par. (4). Pub. L. 103–189, § 8(k)(3)(B), (C), substituted ‘‘The term’’ for ‘‘the term’’ and a period for semicolon at end. Par. (5). Pub. L. 103–189, § 9(a), substituted ‘‘10’’ for ‘‘five’’. Pub. L. 103–189, § 8(k)(3)(B), (C), substituted ‘‘The term’’ for ‘‘the term’’ and a period for semicolon at end. Pars. (6), (7). Pub. L. 103–189, § 8(a)(2), (3), added pars. (6) and (7) and redesignated former pars. (6) and (7) as (8) and (9), respectively. Par. (8). Pub. L. 103–189, § 8(a)(2), (k)(3)(D), redesig- nated par. (6) as (8) and substituted ‘‘The term’’ for ‘‘the term’’ and a period for ‘‘; and’’ at end. Par. (9). Pub. L. 103–189, § 8(a)(2), (k)(3)(E), redesig- nated par. (7) as (9) and substituted ‘‘The term’’ for ‘‘the term’’ and ‘‘4906’’ for ‘‘4903’’. Par. (10). Pub. L. 103–189, § 3(a)(2), added par. (10). § 4903. Issuance of plans To effectuate the declared policy of this chap- ter, the Secretary shall, under the provisions of this chapter, issue, and from time to time may amend, orders (applicable to producers, han- dlers, and importers of watermelons) author- izing the collection of assessments on water- melons under this chapter and the use of such funds to cover the costs of research, develop- ment, advertising, and promotion with respect to watermelons under this chapter. Any plan shall be applicable to watermelons produced in the United States or imported into the United States. (Pub. L. 99–198, title XVI, § 1644, Dec. 23, 1985, 99 Stat. 1623; Pub. L. 103–189, §§ 3(b), 8(b), Dec. 14, 1993, 107 Stat. 2259, 2261.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–189, in first sentence, substituted ‘‘, handlers, and importers’’ for ‘‘and handlers’’, struck out after first sentence ‘‘Any order issued by the Sec- retary under this chapter shall hereinafter in this chap- ter be referred to as a ‘plan’.’’, and in last sentence, struck out ‘‘the forty-eight contiguous States of’’ after ‘‘watermelons produced in’’, and inserted ‘‘or imported into the United States’’ before period at end. § 4904. Notice and hearings (a) When sufficient evidence, as determined by the Secretary, is presented to the Secretary by watermelon producers, handlers, and importers, or whenever the Secretary has reason to believe that a plan will tend to effectuate the declared policy of this chapter, the Secretary shall give due notice and opportunity for a hearing on a proposed plan. Such hearing may be requested by watermelon producers, handlers, or importers or by any other interested person, including the Secretary, when the request for such hearing is accompanied by a proposal for a plan. (b) After notice and opportunity for hearing as provided in subsection (a) of this section, the Secretary shall issue a plan if the Secretary finds, and sets forth in such plan, on the evi- dence introduced at the hearing that the issuance of the plan and all the terms and condi- tions thereof will tend to effectuate the declared policy of this chapter. (Pub. L. 99–198, title XVI, § 1645, Dec. 23, 1985, 99 Stat. 1623; Pub. L. 103–189, § 8(c), Dec. 14, 1993, 107 Stat. 2261.) Editorial Notes AMENDMENTS 1993—Subsec. (a). Pub. L. 103–189 substituted ‘‘, handlers, and importers’’ for ‘‘and handlers’’ and ‘‘, handlers, or importers’’ for ‘‘or handlers’’. § 4905. Regulations The Secretary may issue such regulations as may be necessary to carry out the provisions of this chapter and the powers vested in the Sec- retary under this chapter. (Pub. L. 99–198, title XVI, § 1646, Dec. 23, 1985, 99 Stat. 1624.) § 4906. Required terms in plans (a) Description of terms and provisions Any plan issued under this chapter shall con- tain the terms and provisions described in this section. (b) Establishment and powers of National Water- melon 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 in- terests; 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 pub- lic 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 rep- resentative, the Secretary shall choose such rep- resentative 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 watermelons from other producers, in a combined total vol-