Page:United States Statutes at Large Volume 116 Part 2.djvu/165

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PUBLIC LAW 107-210—AUG. 6, 2002 116 STAT. 947 " CHAPTER 6—ADJUSTMENT ASSISTANCE FOR FARMERS "SEC. 291. DEFINITIONS. "In this chapter: "(1) AGRICULTURAL COMMODITY.— The term 'agricultural commodity' means any agricultural commodity (including livestock) in its raw or natural state. "(2) AGRICULTURAL COMMODITY PRODUCER.—The term 'agricultural commodity producer' has the same meaning as the term 'person' as prescribed by regulations promulgated under section 1001(5) of the Food Security Act of 1985 (7 U.S.C. 1308(5)). " (3) CONTRIBUTED IMPORTANTLY. — "(A) IN GENERAL.—The term 'contributed importantly' means a cause which is important but not necessarily more important than any other cause. "(B) DETERMINATION OF CONTRIBUTED IMPORTANTLY. — The determination of whether imports of articles like or directly competitive with an agricultural commodity with respect to which a petition under this chapter was filed contributed importantly to a decline in the price of the agricultural commodity shall be made by the Secretary. "(4) DULY AUTHORIZED REPRESENTATIVE.—The term 'duly authorized representative' means an association of agricultural commodity producers. "(5) NATIONAL AVERAGE PRICE.—The term 'national average price' means the national average price paid to an agricultural commodity producer for an agricultural commodity in a marketing year as determined by the Secretary. "(6) SECRETARY.—The term 'Secretary' means the Secretary of Agriculture. "SEC. 292. PETITIONS; GROUP ELIGIBILITY. "(a) IN GENERAL. —A petition for a certification of eligibility to apply for adjustment assistance under this chapter may be filed with the Secretary by a group of agricultural commodity producers or by their duly authorized representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation. "(b) HEARINGS.—I f the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary's publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested person an opportunity to be present, to produce evidence, and to be heard. "(c) GROUP ELIGIBILITY REQUIREMENTS.— The Secretary shall certify a group of agricultural commodity producers as eligible to apply for adjustment assistance under this chapter if the Secretary determines— "(1) that the national average price for the agricultural commodity, or a class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is less than 80 percent of the average of the national average price for such agricultural commodity, or such class of goods, for 19 USC 2401. 19 USC 2401a. Notice. Federal Register, publication.