7 U.S.C. § 6101 — Findings and declaration of policy

Page 1833 TITLE 7—AGRICULTURE § 6101 chapter shall vote in person at the appropriate local office of the Agricultural Stabilization and Conservation Service, as determined by the Secretary or by mail to the Secretary. (4) Notice Each Agricultural Stabilization and Con- servation Service office shall notify all grow- ers, grower-shellers, and importers in the area of such office, as determined by the Secretary, at least 30 days prior to a referendum con- ducted under this chapter. Such notice shall explain the registration and voting procedures established under this subsection. (Pub. L. 101–624, title XIX, § 1916, Nov. 28, 1990, 104 Stat. 3853.) § 6012. Suspension or termination of plan (a) Mandatory suspension or termination The Secretary shall, whenever the Secretary finds that the plan or any provision of the plan obstructs or does not tend to effectuate the de- clared policy of this chapter, terminate or sus- pend the operation of such plan or provision. (b) Suspension or termination If, as a result of any referendum conducted under this chapter, the Secretary determines that suspension or termination of a plan is fa- vored by a majority of the growers, grower- shellers, and importers voting in the ref- erendum, the Secretary shall— (1) within 6 months after making such deter- mination, suspend or terminate, as the case may be, collection of assessments under the plan; and (2) suspend or terminate, as the case may be, activities under the plan in an orderly manner as soon as practicable. (c) Limitation The termination or suspension of any plan, or any provision thereof, shall not be considered a plan within the meaning of this chapter. (Pub. L. 101–624, title XIX, § 1917, Nov. 28, 1990, 104 Stat. 3854.) § 6013. Authorization of appropriations (a) In general There are authorized to be appropriated for each fiscal year such sums as are necessary to carry out this chapter. (b) Administrative expenses Funds appropriated to carry out this chapter shall not be available for payment of the ex- penses or expenditures of the Board in admin- istering any provision of any plan issued under this chapter. (Pub. L. 101–624, title XIX, § 1918, Nov. 28, 1990, 104 Stat. 3854.) CHAPTER 90—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION Sec. 6101. Findings and declaration of policy. 6102. Definitions. 6103. Issuance of orders. 6104. Required terms in orders. 6105. Referenda. Sec. 6106. Petition and review. 6107. Enforcement. 6108. Investigations and power to subpoena. 6109. Savings provision. 6110. Suspension or termination of orders. 6111. Authorization of appropriations. 6112. Regulations. § 6101. Findings and declaration of policy (a) Findings Congress finds that— (1) mushrooms are an important food that is a valuable part of the human diet; (2) the production of mushrooms plays a sig- nificant role in the Nation’s economy in that mushrooms are produced by hundreds of mush- room producers, distributed through thou- sands of wholesale and retail outlets, and con- sumed by millions of people throughout the United States and foreign countries; (3) mushroom production benefits the envi- ronment by efficiently using agricultural by- products; (4) mushrooms must be high quality, readily available, handled properly, and marketed ef- ficiently to ensure that the benefits of this im- portant product are available to the people of the United States; (5) the maintenance and expansion of exist- ing markets and uses, and the development of new markets and uses, for mushrooms are vital to the welfare of producers and those concerned with marketing and using mush- rooms, as well as to the agricultural economy of the Nation; (6) the cooperative development, financing, and implementation of a coordinated program of mushroom promotion, research, and con- sumer information are necessary to maintain and expand existing markets for mushrooms; and (7) mushrooms move in interstate and for- eign commerce, and mushrooms that do not move in such channels of commerce directly burden or affect interstate commerce in mush- rooms. (b) Policy It is declared to be the policy of Congress that it is in the public interest to authorize the es- tablishment, through the exercise of the powers provided in this chapter, of an orderly procedure for developing, financing through adequate as- sessments on mushrooms produced domestically or imported into the United States, and carrying out, an effective, continuous, and coordinated program of promotion, research, and consumer and industry information designed to— (1) strengthen the mushroom industry’s posi- tion in the marketplace; (2) maintain and expand existing markets and uses for mushrooms; and (3) develop new markets and uses for mush- rooms. (c) Construction Nothing in this chapter may be construed to provide for the control of production or other- wise limit the right of individual producers to produce mushrooms. (Pub. L. 101–624, title XIX, § 1922, Nov. 28, 1990, 104 Stat. 3855.) Page 1834 TITLE 7—AGRICULTURE § 6102 Editorial Notes CONSTITUTIONALITY For information regarding the constitutionality of subtitle B of title XIX of Pub. L. 101–624, which enacted this chapter (sections 6101 et seq.), see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 101–624, title XIX, § 1921, Nov. 28, 1990, 104 Stat. 3854, provided that: ‘‘This subtitle [subtitle B (§§ 1921–1933) of title XIX of Pub. L. 101–624, enacting this chapter] may be cited as the ‘Mushroom Pro- motion, Research, and Consumer Information Act of 1990’.’’ § 6102. Definitions As used in this chapter— (1) Commerce The term ‘‘commerce’’ means interstate, for- eign, or intrastate commerce. (2) Consumer information The term ‘‘consumer information’’ means in- formation and programs that will assist con- sumers and other persons in making evalua- tions and decisions regarding the purchase, preparation, and use of mushrooms. (3) Council The term ‘‘Council’’ means the Mushroom Council established under section 6104(b) of this title. (4) Department The term ‘‘Department’’ means the Depart- ment of Agriculture. (5) First handler The term ‘‘first handler’’ means any person, as described in an order issued under this chapter, who receives or otherwise acquires mushrooms from a producer and prepares for marketing or markets such mushrooms, or who prepares for marketing or markets mush- rooms of that person’s own production. (6) Importer The term ‘‘importer’’ means any person who imports, on average, over 500,000 pounds of mushrooms annually from outside the United States. (7) Industry information The term ‘‘industry information’’ means in- formation and programs that are designed to lead to the development of new markets and marketing strategies, increased efficiency, and activities to enhance the image of the mushroom industry. (8) Marketing The term ‘‘marketing’’ means the sale or other disposition of mushrooms in any chan- nel of commerce. (9) Mushrooms The term ‘‘mushrooms’’ means all varieties of cultivated mushrooms grown within the United States for the fresh market, or im- ported into the United States for the fresh market, that are marketed, except that such term shall not include mushrooms that are commercially marinated, canned, frozen, cooked, blanched, dried, packaged in brine, or otherwise processed, as may be determined by the Secretary. (10) Person The term ‘‘person’’ means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. (11) Producer The term ‘‘producer’’ means any person en- gaged in the production of mushrooms who owns or who shares the ownership and risk of loss of such mushrooms and who produces, on average, over 500,000 pounds of mushrooms per year. (12) Promotion The term ‘‘promotion’’ means any action de- termined by the Secretary to enhance the image or desirability of mushrooms, including paid advertising. (13) Research The term ‘‘research’’ means any type of study to advance the image, desirability, mar- ketability, production, product development, quality, or nutritional value of mushrooms. (14) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (15) State and United States The terms ‘‘State’’ and ‘‘United States’’ in- clude the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (Pub. L. 101–624, title XIX, § 1923, Nov. 28, 1990, 104 Stat. 3855.) § 6103. Issuance of orders (a) In general To effectuate the declared policy of section 6101(b) of this title, the Secretary, subject to the procedures provided in subsection (b), shall issue orders under this chapter applicable to pro- ducers, importers, and first handlers of mush- rooms. Any such order shall be national in scope. Not more than one order shall be in effect under this chapter at any one time. (b) Procedures (1) Issuance of an order The Secretary may propose the issuance of an order under this chapter, or an association of mushroom producers or any other person that will be affected by this chapter may re- quest the issuance of, and submit a proposal for, such an order. (2) Publication of order Not later than 60 days after the receipt of a request and proposal by an interested person for an order, or when the Secretary determines to propose an order, the Secretary shall pub- lish the proposed order and give due notice