107 STAT. 2260 PUBLIC LAW 103-189—DEC. 14, 1993 (b) ISSUANCE OF PLANS.— The last sentence of section 1644 of such Act (7 U.S.C. 4903) is amended by striking "the forty- eight contiguous States of. SEC. 4. CLARIFICATION OF DIFFERENCES BETWEEN PRODUCERS AND HANDLERS. Section 1647(c) of the Watermelon Research and Promotion Act (7 U.S.C. 4906(c)) is amended by adding at the end the following new paragraph: (1) by inserting "(1)" after "(c)"; and (2) by adding at the end the following new paragraph: "(2) A producer shall be eligible to serve on the Board only as a representative of handlers, and not as a representative of producers, if— "(A) the producer purchases watermelons from other producers, in a combined total volume that is equal to 25 percent or more of the producer's own production; or "(B) the combined total volume of watermelons handled by the producer from the producer's own production and purchases from other producers' production is more than 50 percent of the producer's own production.". SEC. 5. CLARIFICATION OF COLLECTION OF ASSESSMENTS BY THE BOARD. Section 1647 of the Watermelon Research and Promotion Act (7 U.S.C. 4906) is amended— (1) in subsection (f), by striking "collection of the assessments by the Board" and inserting "payment of the assessments to the Board."; and (2) in paragraphs (1) and (3) of subsection (g), by striking "collected" each place it appears and inserting "received". SEC. 6. CHANGES TO ASSESSMENT RATE NOT SUBJECT TO FORMAL RULEMAKING. Section 1647(f) of the Watermelon Research and Promotion Act (7 U.S.C. 4906(f)) is amended by adding at the end the following new sentences: "In fixing or changing the rate of assessment pursuant to the plan, the Secretary shall comply with the notice and comment procedures established under section 553 of title 5, United States Code. Sections 556 and 557 of such title shall not apply with respect to fixing or changing the rate of assessment.". SEC. 7. ELIMINATION OF WATERMELON ASSESSMENT REFUND. Section 1647(h) of the Watermelon Research and Promotion Act (7 U.S.C. 4906(h)) is amended— (1) by striking "(h) The" and inserting "(h)(1) Except ^s provided in paragraph (2), the"; and (3) by adding at the end the following new paragraphs: "(2) If approved in the referendum required by section 1655(b) relating to the elimination of the assessment refund under paragraph (1), the Secretary shall amend the plan that is in effect on the day before the date of the enactment of the Watermelon Research and Promotion Improvement Act of 1993 to eliminate the reftind provision. "(3)(A) Notwithstanding paragraph (2) and subject to subparagraph (B), if importers are subject to the plan, the plan shall provide that an importer of less than 150,000 pounds of water-
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