Page:United States Statutes at Large Volume 104 Part 5.djvu/240

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104 STAT. 3562 PUBLIC LAW 101-624—NOV. 28, 1990 the United States Trade Representative within 60 days of the notification under subsection (c)(l)-" - 7 USC 499b-l. SEC. 1309. PRODUCTS PRODUCED IN DISTINCT GEOGRAPHIC AREAS. (a) IN GENERAL.—In the case of a perishable agricultural commodity (as defined under the Perishable Agricultural Commodity Act (7 U.S.C. 499a(4))— (1) subject to a Federal marketing order under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.); (2) traditionally identified as being produced in a distinct geographic area, State, or region; and (3) the unique identity, based on such distinct geographic area, of which has been promoted with funds collected through producer contributions pursuant to such marketing order, no person may use the unique name or geographical designation of such commodity to promote the sale of a similar commodity produced outside such area, State, or region. (b) PENALTIES. — A violation of this section shall be considered a violation of paragraphs (4) and (5) of section 2 of the Perishable Agricultural Commodities Act (7 U.S.C. 499b (4) and (5)). (c) REIMBURSEMENT. —A person bringing a complaint under this section shall reimburse the Secretary of Agriculture for any and all costs associated with the enforcement of this section. (d) PROHIBITION. —The Secretary of Agriculture shall not increase any fees charged under the Perishable Agricultural Commodities Act (7 U.S.C. 499 et seq.) to offset costs associated with the operation of this section. (e) REGULATIONS. —The Secretary shall promulgate regulations to carry out this section. Subtitle B—National Laboratory Accreditation 7 USC 138. SEC. 1321. DEFINITIONS. As used in this subtitle: (1) AGRICULTURAL PRODUCT. —The term "agricultural product" means any fresh fruit or vegetable or £my commodity or product derived from livestock or fowl, that is marketed in the United States for human consumption. (2) CERTIFICATE. —The term "certificate" means a certificate of accreditation issued under this subtitle. (3) LABORATORY. — The term "laboratory" means £my facility or vehicle that is owned by an individual or a public or private entity and is equipped and operated for the purpose of carrying out pesticide residue analysis on agricultural products for commercial purposes. (4) PESTICIDE.—The term "pesticide" means any substance that Eilone, in chemical combination, or in any formulation with one or more substances, is defined as a pesticide in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(u)). (5) SECRETARY.— The term "Secretary" means the Secretary of Agriculture. 7 USC 138a. SEC. 1322. NATIONAL LABORATORY ACCREDITATION PROGRAM. (a) ESTABLISHMENT OF PROGRAM. — The Secretary shall administer a National Laboratory Accreditation Program under which labora-