Page:United States Statutes at Large Volume 104 Part 5.djvu/535

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PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3857 (2) PUBLICATION OF ORDER. —Not later than 60 days after the receipt of a request and proposal by an mterested person for an order, or when the Secretary determines to propose an order, the Secretary shall publish the proposed order and give due notice and opportunity for public comment on the proposed order. (3) ISSUANCE OF ORDER. — After notice and opportunity for public comment are given, as provided in paragraph (2), the Secretary shall issue the order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with the requirements of this subtitle. Such order shall be issued and, if approved by producers and importers of mushrooms as provided in section 1926(a), shall become effective not later than 180 days following publication of the proposed order. (c) AMENDMENTS.— (1) IN GENERAL.— The Secretary, from time to time, may amend any order issued under this section. (2) APPLICATION OF SUBTITLE. —The provisions of this subtitle applicable to an order shall be applicable to amendments to the order. SEC. 1925. REQUIRED TERMS IN ORDERS. 7 USC 6104. (a) IN GENERAL.— Each order issued under this subtitle shall contain the terms and conditions prescribed in this section. G>) MUSHROOM COUNCIL.— (1) ESTABLISHMENT AND MEMBERSHIP OF COUNCIL. — (A) ESTABLISHMENT. — The order shall provide for the establishment of, and selection of members to, a Mushroom Council that shall consist of at least 4 members and not more than 9 members. (B) MEMBERSHIP.—Except as provided for in paragraph (2), the members of the Council shall be mushroom producers and importers appointed by the Secretary from nominations submitted by producers and importers in the manner authorized by the Secretary, except that no more than one member may be appointed to the Council from nominations submitted by any one producer or importer. (2) APPOINTMENTS.— (A) IN GENERAL. — In making appointments, the Secretary shall take into account, to the extent practicable, the geographical distribution of mushroom production throughout the United States, and the comparative volume of mushrooms imported into the United States. (B) UNITS. — In establishing such geographical distribution of mushroom production, a whole State shall be considered as a unit and such units shall be organized into 4 regions that shall fairly represent the geographic distribution of mushroom production within the United States. (C) IMPORTERS.—Importers shall be represented as one region, which shall be separate from the regions established for mushrooms produced in the United States. (D) MEMBERS PER REGION.—The Secretary shall appoint one member from each region if such region produces or imports, on average, at least 35,000,000 pounds of mushrooms annually.