Page:United States Statutes at Large Volume 114 Part 2.djvu/895

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PUBLIC LAW 106-387 —APPENDIX 114 STAT. 1549A-81 (10) ORDER.—The term "order" means the Hass avocado promotion, research, and information order issued under this title. (11) PERSON. —The term "person" means any individual, group of individuals, firm, partnership, corporation, joint stock company, association, cooperative, or other legal entity. (12) PRODUCER.— The term "producer" means any person who— (A) is engaged in the domestic production of Hass avocados for commercial use; and (B) owns, or shares the ownership and risk of loss, of such Hass avocados. (13) PROMOTION. —The term "promotion" means any action to advance the image, desirability, or marketability of Hass avocados, including paid advertising, sales promotion, and publicity, in order to improve the competitive position and stimulate sales of Hass avocados in the domestic marketplace. (14) RESEARCH.— The term "research" means any type of test, study, or analysis relating to market research, market development, and marketing efforts, or relating to the use, quality, or nutritional value of Hass avocados, other related food science research, or research designed to advance the image, desirability, and marketability of Hass avocados. (15) SECRETARY.—The term "Secretary" means the Secretary of Agriculture. (16) STATE.— The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, and the Federated States of Micronesia. (17) UNITED STATES. —The term "United States" means the United States collectively. SEC. 1204. ISSUANCE OF ORDERS. (a) IN GENERAL.— (1) ISSUANCE.— To effectuate the policy of this title specified in section 1202(b), the Secretary, subject to the procedures provided in subsection (b), shall issue orders under this title applicable to producers, importers, and first handlers of Hass avocados. (2) SCOPE. —Any order shall be national in scope. (3) ONE ORDER.—Not more than one order shall be in effect at any one time. (b) PROCEDURES.— (1) PROPOSAL FOR AN ORDER.—An existing organization of avocado producers established pursuant to a State statute, or any other person who will be affected by this title, may request the issuance of, and submit a proposal for an order. (2) PUBLICATION OF PROPOSAL.— The Secretary shall publish a proposed order and give notice and opportunity for public comment on the proposed order not later than 60 days after receipt by the Secretary of a proposal for an order from an existing organization of avocado producers established pursuant to a State statute, as provided in paragraph (1). (3) ISSUANCE OF ORDER. —