(a) “Person” defined

In this section, the term “person” means a producer, importer, or handler.

(b) Authority of Secretary

Terms Used In 7 USC 4612

  • handler: means any person who handles honey. See 7 USC 4602
  • honey: means the nectar and saccharine exudations of plants which are gathered, modified, and stored in the comb by honey bees. See 7 USC 4602
  • Honey Board: means the board provided for under section 4606(c) of this title. See 7 USC 4602
  • honey products: means products produced, in whole or part, from honey. See 7 USC 4602
  • importer: means any person who imports honey or honey products into the United States or acts as an agent, broker, or consignee for any person or nation that produces honey outside of the United States for sale in the United States and who is listed in the import records as the importer of record for such honey or honey products. See 7 USC 4602
  • marketing: means the sale or other disposition in commerce of honey or honey products. See 7 USC 4602
  • producer: means any person who produces honey in the United States for sale in commerce. See 7 USC 4602
  • promotion: means any action, including paid advertising, pursuant to this chapter, to present a favorable image for honey or honey products to the public with the express intent of improving the competitive position and stimulating sales of honey or honey products. See 7 USC 4602
  • research: means any type of research designed to advance the image, desirability, usage, marketability, production, or quality of honey or honey products. See 7 USC 4602
  • Secretary: means the Secretary of Agriculture. See 7 USC 4602

If the Secretary finds that an order issued under this chapter, or any provision of the order, obstructs or does not tend to effectuate the purposes of this chapter, the Secretary shall terminate or suspend the operation of the order or provision.

(c) Periodic referenda

Except as provided in subsection (d)(3) and section 4613(g) of this title, on the date that is 5 years after the date on which the Secretary issues an order authorizing the collection of assessments on honey or honey products under this chapter, and every 5 years thereafter, the Secretary shall conduct a referendum to determine if the persons subject to assessment under the order approve continuation of the order in accordance with section 4611 of this title.

(d) Referenda on request

(1) In general

On the request of the Honey Board or the petition of at least 10 percent of the total number of persons subject to assessment under the order, the Secretary shall conduct a referendum to determine if the persons subject to assessment under the order approve continuation of the order in accordance with section 4611 of this title.

(2) Limitation

Referenda conducted under paragraph (1) may not be held more than once every 2 years.

(3) Effect on periodic referenda

If a referendum is conducted under this subsection and the Secretary determines that continuation of the order is approved under section 4611 of this title, any referendum otherwise required to be conducted under subsection (c) shall not be held before the date that is 5 years after the date of the referendum conducted under this subsection.

(e) Timing and requirements for termination or suspension

(1) In general

The Secretary shall terminate or suspend an order at the end of the marketing year during which a referendum is conducted under subsection (c) or (d) if the Secretary determines that continuation of an order is not approved under section 4611 of this title.

(2) Subsequent referendum

If the Secretary terminates or suspends an order that assesses the handling of honey and honey products under paragraph (1), the Secretary shall, not later than 90 days after submission of a proposed order by an interested party—

(A) propose another order to establish a research, promotion, and consumer information program; and

(B) conduct a referendum on the order among persons that would be subject to assessment under the order.

(3) Effectiveness of order

Section 4611 of this title shall apply in determining the effectiveness of the subsequent amended order under paragraph (2).

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