PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3907 "(2) With respect to the order in effect on the date of the enactment of this paragraph, following the referendum on such order required under section 13(b)(2), a producer or importer may obtain a refund of an assessment under such order as provided in paragraph (1) only if the Secretary determines that the proposal to terminate refund under the order is defeated in such referendum."; and (5) by inserting after subsection (h) the following new subsection: "(i) If a first handler or the Secretary fails to collect an assessment from a producer under this section, the producer shall be responsible for the payment of the assessment to the Honey Board.". SEC. 1985. FIRST RECONFIRMATION REFERENDUM. (a) IN GENERAL. — Section 13(b) of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4612) is amended— (1) by striking "Five" and inserting "(1) Except as otherwise provided in paragraph (2), five"; (2) by striking "continuation, termination," and inserting "termination"; and (3) by adding at the end the following new paragraph: "(2)(A) In lieu of the first referendum otherwise required to be conducted under paragraph (1) for the order in effect on the date of the enactment of this paragraph, the Secretary shall conduct a referendum to determine if honey producers and importers favor— "(i) the continuation of the order; and "(ii) termination of the authority for producers and importers to obtain a refund of assessments under section 9(h)(1). The referendum shall be conducted at the time the first referendum otherwise required under paragraph (1) would have been conducted, except for the operation of this paragraph. "(B)(i) The Secretary shall terminate such order at the end of the marketing year during which such referendum is conducted, if the Secretary determines that termination of the order is approved or favored by not less than a majority of the producers and importers voting in the referendum and that the producers and importers comprising this majority produce and import more than 50 percent of the volume of honey produced and imported by those voting in the referendum. "(ii) If the Secretary determines that termination of the authority for producers and importers to receive refunds of assessments under section 9(h)(l) is favored or approved by a majority of the producers and importers voting in such referendum and that the producers and importers comprising this majority produce and import more than 50 percent of the volume of honey produced and imported by those voting in the referendum, then the Secretary shall amend such order as necessary to reflect the vote of producers and importers. Such amendment to the order shall become effective on the date it is issued, but in no case more than 180 days after the conduct of such referendum.". (b) CONFORMING AMENDMENT.— Section 13(d) of the Honey Research, Promotion, and C!onsumer Information Act (7 U.S.C. 4612) is amended— (1) by striking "such order" and inserting "an order"; (2) by inserting "in which a referendum is conducted under subsection (b) or (c)" after "marketing year"; and (3) by striking "of the order".
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