Page:United States Statutes at Large Volume 110 Part 1.djvu/1089

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PUBLIC LAW 104-127—APR. 4, 1996 110 STAT. 1065 (5) IMPORTER. — The term "importer" means any person who imports kiwifruit into the United States. (6) KIWIFRUIT.— The term "kiwifruit" means all varieties of fresh kiwifruit grown in or imported into the United States. (7) MARKETING. —The term "marketing" means the sale or other disposition of kiwifruit into interstate, foreign, or intrastate commerce by buying, marketing, distribution, or othenvise placing kiwifruit into commerce. (8) ORDER.—The term "order" means a kiwifruit research, promotion, and consumer information order issued by the Secretary under section 554. (9) PERSON.— The term "person" means any individual, group of individuals, partnership, corporation, association, cooperative, or other legal entity. (10) PROCESSING.— The term "processing" means canning, fermenting, distilling, extracting, preserving, grinding, crushing, or in any manner changing the form of kiwifruit for the purpose of preparing the kiwifruit for market or marketing the kiwifruit. (11) PRODUCER. — The term "producer" means any person who grows kiwifruit in the United States for sale in commerce. (12) PROMOTION.— The term "promotion" means any action taken under this subtitle (including paid advertising) to present a favorable image of kiwifruit to the general public for the purpose of improving the competitive position of kiwifruit and stimulating the sale of kiwifruit. (13) RESEARCH. — The term "research" means any type of research relating to the use, nutritional value, and marketing of kiwifruit conducted for the purpose of advancing the image, desirability, marketability, or quality of kiwifruit. (14) SECRETARY. — The term "Secretary" means the Secretary of Agriculture. (15) UNITED STATES.—The term "United States" means the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, SEC. 554. ISSUANCE OF ORDERS. 7 USC 7463. (a) ISSUANCE. — To effiectuate the purposes of this subtitle specified in section 552(b), the Secretary shall issue an order applicable to producers, handlers, and importers of kiwifruit. Any such order shall be national in scope. Not more than 1 order shall be in effect under this subtitle at any 1 time. (b) PROCEDURE. — (1) PROPOSAL FOR ISSUANCE OF ORDER.— Any person that will be affected by this subtitle may request the issuance of, and submit a proposal for, an order under this subtitle. (2) PROPOSED ORDER. —Not later than 90 days after the Publication, receipt of a request;and proposal for an order, the Secretary shall publish a 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 provided under paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with this subtitle. 29-194O-96 -35:QL3Part1