§ 4606 — Required Terms Of Order

(a) Any order issued by the Secretary under this chapter shall contain the terms and conditions described in this section and, except as provided in section 4607 of this title, no others. (1) Such order shall provide for the establishment and appointment by the Secretary of a National Honey Nominations Committee which shall consist of not more than one member from each State, from nominations submitted by each State association. If a State association does not submit a nomination, the Secretary may provide for nominations from that State to be made in a different manner, except that if a State which is not one of the top twenty honey-producing States in the United States (as determined by the Secretary) does not submit a nomination, such State shall not be represented on the Committee. (2) Members of the Committee shall serve for three-year terms with no member serving more than two consecutive three-year terms, except that the term of appointments to the Committee may be staggered periodically, as determined by the Secretary. (3) The Committee shall select its Chairman by a majority vote. (4) The members of the Committee shall serve without compensation but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the Committee. (5) The Committee shall nominate the members and alternates of the Honey Board and submit such nominations to the Secretary. In making such nominations, the Committee shall meet annually, except that, when determined by the Chairman, the Committee may conduct its business by mail ballot in lieu of an annual meeting. In order to nominate members to the Honey Board, at least 50 percent of the members from the twenty leading honey producing States must vote. A majority of the National Honey Nominations Committee shall constitute a quorum for voting at an annual meeting. In the case of a mail ballot, votes must be received from a majority of the Committee. (1) The order described in subsection (a) shall provide for the establishment and appointment by the Secretary of a Honey Board in accordance with this subsection. (2) The membership of the Honey Board shall consist of— (A) 7 members who are honey producers appointed from nominations submitted by the National Honey Nominations Committee, one from each of seven regions of the United States which shall be established by the Secretary on the basis of the production of honey in the different areas of the country; (B) 2 members who are handlers appointed from nominations submitted by the Committee from recommendations made by qualified national organizations representing handler interests; (C) if approved in a referendum conducted under this chapter, 2 members who— (i) are handlers of honey; (ii) during any 3 of the preceding 5 years, were also importers of record of at least 40,000 pounds of honey; and (iii) are appointed from nominations submitted by the Committee from recommendations made by— (I) qualified national organizations representing handler interests or qualified national organizations representing importer interests; or (II) if the Secretary determines that there is not a qualified national organization representing handler interests or a qualified national organization representing importer interests, individual handlers or importers that have paid assessments to the Honey Board on imported honey or honey products; (D) 2 members who are importers appointed from nominations submitted by the Committee from recommendations made by— (i) qualified national organizations representing importer interests; or (ii) if the Secretary determines that there is not a qualified national organization representing importer interests, individual importers that have paid assessments to the Honey Board on imported honey or honey products; and (E) 1 member who is an officer, director, or employee of a national honey marketing cooperative appointed from nominations submitted by the Committee from recommendations made by qualified national honey marketing cooperatives. (3) The Committee shall submit nominations for an alternate for each member of the Honey Board described in paragraph (2). An alternate shall be appointed in the same manner as a member and shall serve when the member is absent from a meeting or is disqualified. (A) If approved in a referendum conducted under this chapter and in accordance with rules issued by the Secretary, the Honey Board shall review, at times determined under subparagraph (E)— (i) the geographic distribution of the quantities of domestically produced honey assessed under the order; and (ii) changes in the annual average percentage of assessments owed by importers under the order relative to assessments owed by producers and handlers of domestic honey, including— (I) whether any changes in assessments owed on imported quantities are owed by importers described in paragraph (5)(B); or (II) whether such importers are handler-importers described in paragraph (2)(C). (B) If warranted and in accordance with this subsection, the Honey Board shall recommend to the Secretary— (i) changes in the regional representation of honey producers established by the Secretary; (ii) if necessary to reflect any changes in the proportion of domestic and imported honey assessed under the order or the source of assessments on imported honey or honey products, the reallocation of— (I) handler-importer member positions under paragraph (2)(C) as handler member positions under paragraph (2)(B); (II) importer member positions under paragraph (2)(D) as handler-importer member positions under paragraph (2)(C); or (III) handler-importer member positions under paragraph (2)(C) as importer member positions under paragraph (2)(D); or (iii) if necessary to reflect any changes in the proportion of domestic and imported honey or honey products assessed under the order, the addition of members to the Honey Board under subparagraph (A), (B), (C), or (D) of paragraph (2). (C) The review required under subparagraph (A) shall be based on data from the 5-year period preceding the year in which the review is conducted. (i) Except as provided in subparagraph (F), recommendations made under subparagraph (B) shall be based on— (I) the 5-year average annual assessments, excluding the 2 years containing the highest and lowest disparity between the proportion of assessments owed from imported and domestic honey or honey products, determined pursuant to the review that is conducted under subparagraph (A); and (II) whether any change in the average annual assessments is from the assessments owed by importers described in paragraph (5)(B) or from the assessments owed by handler-importers described in paragraph (2)(C). (ii) The Honey Board shall recommend a reallocation or addition of members pursuant to clause (ii) or (iii) of subparagraph (B) only if 1 or more of the following proportions change by more than 6 percent from the base period proportion determined in accordance with subparagraph (F): (I) The proportion of assessments owed by handler-importers described in paragraph (2)(C) compared with the proportion of assessments owed by importers described in paragraph (2)(D). (II) The proportion of assessments owed by importers compared with the proportion of assessments owed on domestic honey by producers and handlers. (i) The Honey Board shall conduct the reviews required under this paragraph not more than once during each 5-year period. (ii) The Honey Board shall conduct the initial review required under this paragraph prior to the initial continuation referendum conducted under section 4612(c) of this title following the referendum conducted under section 4613 of this title. (i) The base period proportions for determining the magnitude of change under subparagraph (D) shall be the proportions determined during the prior review conducted under this paragraph. (ii) In the case of the initial review required under subparagraph (E)(ii), the base period proportions shall be the proportions determined by the Honey Board for fiscal year 1996. (A) No producer-packer that, during any 3 of the preceding 5 years, purchased for resale more honey than the producer-packer produced shall be eligible for nomination or appointment to the Honey Board as a producer described in paragraph (2)(A) or as an alternate to such a producer. (B) No importer that, during any 3 of the preceding 5 years, did not receive at least 75 percent of the gross income generated by the sale of honey and honey products from the sale of imported honey and honey products shall be eligible for nomination or appointment to the Honey Board as an importer described in paragraph (2)(D) or an alternate to such an importer. (A) The eligibility of an organization to participate in the making of recommendations to the Committee for nomination to the Honey Board to represent handlers or importers under this section shall be certified by the Secretary. (B) Subject to the other provisions of this paragraph, the Secretary shall certify an organization that the Secretary determines meets the eligibility criteria established by the Secretary under this paragraph. (C) An eligibility determination of the Secretary under this paragraph shall be final. (D) Certification of an organization under this paragraph shall be based on, in addition to other available information, a factual report submitted by the organization that contains information considered relevant by the Secretary, including— (i) the geographic territory covered by the active membership of the organization; (ii) the nature and size of the active membership of the organization, including the proportion of the total number of active handlers or importers represented by the organization; (iii) evidence of the stability and permanency of the organization; (iv) sources from which the operating funds of the organization are derived; (v) the functions of the organization; and (vi) the ability and willingness of the organization to further the purposes of this chapter. (E) A primary consideration in determining the eligibility of an organization under this paragraph shall be whether— (i) the membership of the organization consists primarily of handlers or importers that derive a substantial quantity of their income from sales of honey and honey products; and (ii) the organization has an interest in the marketing of honey and honey products. (F) As a condition of certification under this paragraph, an organization shall agree— (i) to notify nonmembers of the organization of Honey Board nomination opportunities for which the organization is certified to make recommendations to the Committee; and (ii) to consider the nomination of nonmembers when making the nominations of the organization to the Committee, if nonmembers indicate an interest in serving on the Honey Board. (7) Notwithstanding any other provision of this subsection, at least 50 percent of the members of the Honey Board shall be honey producers. (8) (9) In the event any member of the Honey Board ceases to be a member of the category of members from which the member was appointed to the Honey Board, such person shall be automatically replaced by an alternate, except that if, as a result of the adjustment of the boundaries of the regions established under paragraph (2)(A), a producer member or alternate is no longer from the region from which such person was appointed, such member or alternate may serve out the term for which such person was appointed. (10) The members of the Honey Board shall serve without compensation but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the Honey Board. (11) The powers and duties of the Honey Board shall be to— (A) administer any order, issued by the Secretary under this chapter, in accordance with its terms and provisions and consistent with the provisions of this chapter; (B) prescribe rules and regulations to effectuate the terms and provisions of such an order; (C) receive, investigate, and report to the Secretary, accounts of violations of such an order; (D) make recommendations to the Secretary with respect to amendments which should be made to such order; and (E) employ a manager and staff. (A) The term “existing Honey Board” means the Honey Board in effect on the date of enactment of this paragraph. (B) Notwithstanding any other provision of law, subject to subparagraph (C), the order providing for the establishment and operation of the existing Honey Board shall continue in force, until the Secretary first conducts, at the earliest practicable date, but not later than 180 days after the date of enactment of this paragraph, referenda on orders to establish a honey packer-importer board or a United States honey producer board. (C) In conducting referenda under subparagraph (B), and in exercising fiduciary responsibilities in any transition to any 1 or more successor boards, the Secretary shall— (i) conduct a referendum of eligible United States honey producers for the establishment of a marketing board solely for United States honey producers; (ii) conduct a referendum of eligible packers, importers, and handlers of honey for the establishment of a marketing board for packers, importers, and handlers of honey; (iii) notwithstanding the timing of the referenda required under clauses (i) and (ii) or of the establishment of any 1 or more successor boards pursuant to those referenda, ensure that the rights and interests of honey producers, importers, packers, and handlers of honey are equitably protected in any disposition of the assets, facilities, intellectual property, and programs of the existing Honey Board and in the transition to any 1 or more new successor marketing boards; (iv) ensure that the existing Honey Board continues in operation until such time as the Secretary determines that— (I) any 1 or more successor boards, if approved, are operational; and (II) the interests of producers, importers, packers, and handlers of honey can be equitably protected during any remaining period in which a referendum on a successor board or the establishment of such a board is pending; and (v) discontinue collection of assessments under the order establishing the existing Honey Board on the date the Secretary requires that collections commence pursuant to an order approved in a referendum by eligible producers or processors and importers of honey. (D) If 1 or more orders are approved pursuant to paragraph (C)— (i) the Secretary shall not be required to conduct a continuation referendum on the order in existence on the date of enactment of this paragraph; and (ii) that order shall be terminated pursuant to the provisions of the order. (d) The Honey Board shall prepare and submit to the Secretary, for the Secretary’s approval, a budget (on a fiscal period basis) of its anticipated expenses and disbursements in the administration of the order, including probable costs of research, promotion, and consumer information. (1) The Honey Board shall administer collection of the assessment provided for in this subsection, and may accept voluntary contributions from other sources, to finance the expenses described in subsections (d) and (f). (2) Except as provided in paragraph (3), the assessment rate shall be $0.01 per pound (payable in the manner described in section 4608 of this title), with— (A) in the case of honey produced in the United States, $0.01 per pound payable by honey producers; and (B) in the case of honey or honey products imported into the United States, $0.01 per pound payable by honey importers. (3) If approved in a referendum conducted under this chapter, the assessment rate shall be $0.015 per pound (payable in the manner described in section 4608 of this title)— (A) in the case of honey produced in the United States— (i) $0.0075 per pound payable by— (I) honey producers; and (II) producer-packers on all honey produced by the producer-packers; and (ii) $0.0075 per pound payable by— (I) handlers; and (II) producer-packers on all honey and honey products handled by the producer-packers, including honey produced by the producer-packers); and (B) in the case of honey and honey products imported into the United States, $0.015 per pound payable by honey importers, of which $0.0075 per pound represents the assessment due from the handler to be paid by the importer on behalf of the handler. (A) Honey that is consumed at home by the producer or importer or donated by the producer or importer to a nonprofit, government, or other entity, as determined appropriate by the Secretary, rather than sold shall be exempt from assessment under the order, except that donated honey that later is sold in a commercial outlet by a donee or a donee’s assignee shall be subject to assessment on such sale. (i) A producer, producer-packer, handler, or importer that produces, imports, or handles during a year less than 6,000 pounds of honey or honey products shall be exempt in that year from payment of an assessment on honey or honey products that the person distributes directly through local retail outlets, as determined by the Secretary, during that year. (ii) If a person no longer meets the requirements of clause (i) for an exemption, the person shall— (I) file a report with the Honey Board in the form and manner prescribed by the Honey Board; and (II) pay an assessment on or before March 15 of the subsequent year on all honey or honey products produced, imported, or handled by the person during the year in which the person no longer meets the requirements of clause (i) for an exemption. (5) or importer does not pay any assessments under this chapter due to the applicability to such person of the exemptions from assessments provided in paragraph (4), then such producer, producer-packer handler,,2 or importer shall not be considered a producer, handler, or importer for purposes of voting in any referendum conducted under this chapter during the period the person’s exemption from all assessments is in effect. (1) Funds collected by the Honey Board shall be used by the Honey Board for financing research, promotion, and consumer information, other expenses as described in subsection (d), such other expenses for the administration, maintenance, and functioning of the Honey Board as may be authorized by the Secretary, any reserve established under section 4607(5) of this title, and those administrative costs incurred by the Department of Agriculture pursuant to this chapter after an order has been promulgated under this chapter. (A) If approved in a referendum conducted under this chapter, the Honey Board shall reserve at least 8 percent of all assessments collected during a year for expenditure on approved research projects designed to advance the cost effectiveness, competitiveness, efficiency, pest and disease control, and other management aspects of beekeeping, honey production, and honey bees. (B) If all funds reserved under subparagraph (A) are not allocated to approved research projects in a year, any reserved funds remaining unallocated shall be carried forward for allocation and expenditure under subparagraph (A) in subsequent years. (3) The Secretary shall be reimbursed from assessments collected by the Honey Board for any expenses incurred for the conduct of referenda. (g) No promotion funded by the Honey Board under this chapter may make any false or unwarranted claims on behalf of honey or its products or false or unwarranted statements with respect to the attributes or use of any competing product. (h) No funds collected by the Honey Board under this chapter may, in any manner, be used for the purpose of influencing governmental policy or action, except for making recommendations to the Secretary as provided for in this chapter. (i) The Honey Board shall develop and submit to the Secretary, for approval, plans for research, promotion, and consumer information. Any such plans or projects must be approved by the Secretary before becoming effective. The Honey Board may enter into contracts or agreements with the approval of the Secretary for the development and carrying out of research, promotion, and consumer information, and for the payment of the cost thereof with funds collected pursuant to this chapter. (j) The Honey Board shall maintain books and records and prepare and submit to the Secretary such reports from time to time as may be required for appropriate accounting with respect to the receipt and disbursement of funds entrusted to it and cause a complete audit report to be submitted to the Secretary at the end of each fiscal year. (k) Any patent on any product, copyright on any material, or any invention, product formulation or publication developed through the use of funds collected by the Honey Board shall be the property of the Honey Board. The funds generated from any such patent, copyright, invention, product formulation, or publication shall inure to the benefit of the Honey Board.