7 U.S.C. § 7413 — Issuance of orders

Page 2009 TITLE 7—AGRICULTURE § 7414 (15) State The term ‘‘State’’ means any of the States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. (16) Suspend The term ‘‘suspend’’ means to issue a rule under section 553 of title 5 to temporarily pre- vent the operation of an order during a par- ticular period of time specified in the rule. (17) Terminate The term ‘‘terminate’’ means to issue a rule under section 553 of title 5 to cancel perma- nently the operation of an order beginning on a date certain specified in the rule. (18) United States The term ‘‘United States’’ means collec- tively the 50 States, the District of Columbia, the Commonwealth of Puerto Rico and the territories and possessions of the United States. (Pub. L. 104–127, title V, § 513, Apr. 4, 1996, 110 Stat. 1033; Pub. L. 113–79, title X, § 10004(f), Feb. 7, 2014, 128 Stat. 944.) Editorial Notes AMENDMENTS 2014—Par. (1)(E) to (G). Pub. L. 113–79 added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively. § 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 com- modity; (B) the first handlers of the agricultural commodity and other persons in the mar- keting chain as appropriate; and (C) the importers of the agricultural com- modity, if imports of the agricultural com- modity are subject to assessment under sec- tion 7415(f) of this title. (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 agricul- tural 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 ag- ricultural commodity; or (ii) any other person that may be af- fected by the issuance of an order with re- spect 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 Reg- ister 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 pur- pose of this subchapter, the Secretary may consider the existence of other Federal pro- motion, research, and information programs or orders issued or developed pursuant to any other law. (4) Preparation of final order After notice and opportunity for public com- ment under paragraph (2) regarding a proposed order, the Secretary shall take into consider- ation the comments received in preparing a final order. The Secretary shall ensure that the final order is in conformity with the terms, conditions, and requirements of this subchapter. (c) Issuance and effective date If the Secretary determines that the final order developed with respect to an agricultural commodity is consistent with and will effec- tuate the purpose of this subchapter, the Sec- retary shall issue the final order. Except in the case of an order for which an initial referendum is conducted under section 7417(a) of this title, the final order shall be issued and become effec- tive not later than 270 days after the date of publication of the proposed order that was the basis for the final order. (d) Amendments From time to time the Secretary may amend any order, consistent with the requirements of section 7422 of this title. (Pub. L. 104–127, title V, § 514, Apr. 4, 1996, 110 Stat. 1035.) § 7414. Required terms in orders (a) In general Each order shall contain the terms and condi- tions specified in this section. (b) Board (1) Establishment Each order shall establish a board to carry out a program of generic promotion, research, and information regarding the agricultural commodity covered by the order and intended to effectuate the purpose of this subchapter. (2) Board membership (A) Number of members Each board shall consist of the number of members considered by the Secretary, in consultation with the agricultural com- modity industry involved, to be appropriate to administer the order. In addition to mem- bers, the Secretary may also provide for al- ternates on the board. (B) Appointment The Secretary shall appoint the members and any alternates of a board from among producers of the agricultural commodity and first handlers and others in the marketing