12 2 STA T . 1 348PUBLIC LA W 11 0– 234 —M A Y 22 , 2008 Subti t leD—M i sc ell an e o us SEC.104 01. NATIO NA LH ONE YB OA RD . Section7( c ) o f t h e H one yR e s e ar ch ,P ro m otion, an dC ons u mer I nformation A ct (7 U. S.C. 460 6(c)) is amended b y addin g at the end the fo l lo w ing
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‘( 12 )R EF E R E NDUM RE Q U I REMEN T . — ‘‘(A) D EFINITI O NOFE X I S TIN GH ONE YB O A RD.— T he term ‘e x isting Honey B oard ’ means the Honey Board in effect on the date of enactment of this p aragraph. ‘‘(B) CONDU C T OF REFERENDA.— N otwithstanding any other pro v ision of law, sub j ect to subparagraph (C), the order providing for the establishment and operation of the existing Honey Board shall continue in force, until the Secretary first conducts, at the earliest practicable date, but not later than 1 8 0 days after the date of enactment of this paragraph, referenda on orders to establish a honey pac k er - importer board or a United States honey producer board. ‘‘(C) REQUIREMENTS.—In conducting referenda under subparagraph (B), and in exercising fiduciary responsibil- ities in any transition to any 1 or more successor boards, the Secretary shall— ‘‘(i) conduct a referendum of eligible United States honey producers for the establishment of a marketing board solely for United States honey producers
‘‘(ii) conduct a referendum of eligible packers, importers, and handlers of honey for the establishment of a marketing board for packers, importers, and han- dlers of honey; ‘‘(iii) notwithstanding the timing of the referenda re q uired under clauses (i) and (ii) or of the establish- ment of any 1 or more successor boards pursuant to those referenda, ensure that the rights and interests of honey producers, importers, packers, and handlers of honey are equitably protected in any disposition of the assets, facilities, intellectual property, and pro- grams of the existing Honey Board and in the transi- tion to any 1 or more new successor marketing boards; ‘‘(iv) ensure that the existing Honey Board con- tinues in operation until such time as the Secretary determines that— ‘‘(I) any 1 or more successor boards, if approved, are operational; and ‘‘(II) the interests of producers, importers, packers, and handlers of honey can be equitably protected during any remaining period in which a referendum on a successor board or the establish- ment of such a board is pending; and ‘‘(v) discontinue collection of assessments under the order establishing the existing Honey Board on the date the Secretary requires that collections com- mence pursuant to an order approved in a referendum by eligible producers or processors and importers of honey. Deadlin e .
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