Page:United States Statutes at Large Volume 104 Part 5.djvu/519

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PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3841 SEC. 1908. ISSUANCE OF PLANS. 7 USC 6003. (a) IN GENERAL. —To effectuate the declared policy of section 190603), the Secretary shall, subject to this subtitle, issue and from time to time amend, plans applicable to growers, grower-shellers, shellers, first handlers, and importers of pecans. Any such plan shall be national in scope. Not more than one plan shall be in effect under this subtitle at giny one time. ^ G)) PROCEDURE. — (1) PROPOSAL FOR ISSUANCE OF PLAN. — The Secretary may propose the issuance of a plan under this subtitle, or an association of pecan growers or grower-shellers or any other person that will be affected by this subtitle may request the issuance of, and submit a proposal for, such a plan. (2) PROPOSED PLAN.— Not later than 60 days after the receipt of a request and proposal by an interested person for a plan, or when the Secretary determines to propose a plan, the Secretary shall publish a proposed plan and give due notice and opportunity for public comment on the proposed plan. (3) ISSUANCE OF PLAN.—After notice and opportunity for public comment are given, as provided in paragraph (2), the Secretary shall issue a plan, taking into consideration the comments received and including in the plan provisions necessary to ensure that the plan is in conformity with the requirements of this subtitle. (4) EFFECTIVE DATE OF PLAN.—Such plan shall be issued and become effective not later than 150 days following publication of the proposed plan. (c) AMENDMENTS.—The Secretary, from time to time, may amend any plan issued under this section. The provisions of this subtitle applicable to a plan shall be applicable to amendments to a plan. SEC. 1909. REGULATIONS. 7 USC 6004. The Secretary may issue such regulations as are necessary to carry out this subtitle. SEC. 1910. REQUIRED TERMS IN PLANS. 7 USC 6005. (a) IN GENERAL.— Each plan issued under this subtitle shall contain the terms and conditions prescribed in this section. 0)) PECAN MARKETING BOARD. — (1) ESTABLISHMENT.—The plan shall establish a Pecan Marketing Board to carry out the program referred to in section 190603). (2) SERVICE TO ENTIRE INDUSTRY. —The Board shall carry out programs and projects that will provide maximum benefit to the pecan industry in all parts of the United States and only generically promote pecans. (3) BOARD MEMBERSHIP. — The Board shall consist of 15 members, including— (A) 8 members who are growers; (B) 4 members who are shellers; (C) one member who is a first handler and who derives over 50 percent of the member's gross income from buying and selling pecans; (D) one member who is an importer of pecans into the United States, nominated by the Board; (E) one member representing the general public, nominated by the Board; and