Page:United States Statutes at Large Volume 112 Part 1.djvu/627

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PUBLIC LAW 105-185—JUNE 23, 1998 112 STAT. 601 "(B) the quantity of honey or honey products on which the producer-packer or importer owes an assessment as a producer or importer shall be attributed to the person's vote as a producer or importer. " (d) CONFIDENTIALITY. — The ballots and other information or reports that reveal, or tend to reveal, the identity or vote of any producer) importer, or handler of honey or honey products shall be held strictly confidential and shall not be disclosed.". (1) TERMINATION OR SUSPENSION. —Section 13 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4612) is amended to read as follows: •SEC. 13. TERMINATION OR SUSPENSION. "(a) DEFINITION OF PERSON.—In this section, the term 'person' means a producer, importer, or handler. "(b) AUTHORITY OF SECRETARY. —If the Secretary finds that an order issued under this Act, or any provision of the order, obstructs or does not tend to effectuate the purposes of this Act, 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 14(g), 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 Act, 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 12. "(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 12. "(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 12, 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 SUSPEN- SION. — "(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 12. " "(2) SUBSEQUENT REFERENDUM.— If the Secretary termi- Deadline, nates 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—