Honey Research, Promotion, and Consumer Information Act 1984

PUBLIC LAW 98-590—OCT. 30, 1984 98 STAT. 3115
Public Law 98-
98th Congress 590
An Act
To enable honey producers and handlers to finance a nationally coordinated research,
promotion, and consumer information program designed to expand their markets
for honey.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SHORT TITLE
SECTION 1. This Act may be cited as the
tion, and Consumer Information Act". 'Honey Research, Promo-Oct. 30, 1984
[H.R. 5358]
Honey Research,
Promotion, and
Consumer
Information Act.
7 use 4601 note.
FINDINGS AND DECLARATION OF POLICY
SEC. 2. The Congress finds that:
(1) Honey is produced by many individual producers in every
State in the United States.
(2) Honey and honey products move in large part in the
channels of interstate and foreign commerce, and honey which
does not move in such channels directly burdens or affects
interstate commerce.
(3) In recent years, large quantities of low-cost, imported
honey have been brought into the United States, replacing
domestic honey in the normal trade channels.
(4) The maintenance and expansion of existing honey markets
and the development of new or improved markets or uses are
vital to the welfare of honey producers and those concerned
with marketing, using, and processing honey, along with those
engaged in general agricultural endeavors requiring bees for
pollinating purposes.
(5) The honey production industry within the United States is
comprised mainly of small- and medium-sized businesses.
(6) The development and implementation of coordinated pro­
grams of research, promotion, and consumer education neces­
sary for the maintenance of markets and the development of
new markets have been inadequate.
(7) Without cooperative action in providing for and financing
such programs, honey producers, honey handlers, wholesalers,
and retailers are unable to implement programs of research,
promotion, and consumer education necessary to maintain and
improve markets for these products.
(b)(1) It is, therefore, the purpose of this Act to authorize the
establishment of an orderly procedure for the development and
financing, through an adequate assessment, of an effective and
coordinated program of research, promotion, and consumer educa­
tion designed to strengthen the position of the honey industry in the
marketplace and maintain, develop, and expand markets for honey
and honey products. 7 use 4601.
Research and
development.
Marketing. 98 STAT. 3116 PUBLIC LAW 98-590—OCT. 30, 1984
Commerce and (2) Nothing in this Act may be construed to dictate quality
trade. standards for honey, provide for control of its production, or other­
wise limit the right of the individual honey producer to produce
honey. This Act treats foreign producers equitably, and nothing in
this Act may be construed as a trade barrier to honey produced in
foreign countries.
DEFINITIONS
7 use 4602. SEC. 3. As used in this Act:
(1) The term "honey" means the nectar and saccharine exuda­
tions of plants which are gathered, modified, and stored in the
comb by honey bees.
(2) The term "honey products" means products produced, in
whole or part, from honey.
(3) The term "Secretary" means the Secretary of Agriculture.
(4) The term "person" means any individual, group of individ­
uals, partnership, corporation, association, cooperative, or any
other entity.
(5) The term "producer" means any person who produces
honey in the United States for sale in commerce.
(6) The term "handler" means any person who handles honey.
(7) The term "handle" means to sell, package, or process
honey.
(8) The term "importer" means any person who imports
honey or honey products into the United States or who acts as
an agent, broker, or consignee for any person or nation that
produces honey outside of the United States for sale in the
United States.
(9) The term "producer-packer" means any person who is both
a producer and handler of honey.
(10) The term "promotion" means any action, including paid
advertising, pursuant to this Act, to present a favorable image
for honey or honey products to the public with the express
intent of improving the competitive position and stimulating
sales of honey or honey products.
(11) The term "research" means any type of research designed
to advance the image, desirability, usage, marketability, produc­
tion, or quality of honey or honey products.
(12) The term "consumer education" means any action to
provide information on the usage and care of honey or honey
products.
(13) The term "marketing" means the sale or other disposi­
tion in commerce of honey or honey products.
(14) The term "Committee" means the National Honey Nomi­
nations Committee provided for under section 7(b) of this Act.
(15) The term "Honey Board" means the board provided for
under section 7(c) of this Act.
(16) The term "State association" means that organization of
beekeepers in a State which is generally recognized as repre­
senting the beekeepers of that State.
(17) The term "State" means any of the several States, the
District of Columbia and the Commonwealth of Puerto Rico.
HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION ORDER
Imports. SEC 4. To effectuate the declared policy of this Act, the Secretary
7 use 4603. shall, subject to the provisions of this Act, issue and, from time to PUBLIC LAW 98-590—OCT. 30, 1984 98 STAT. 3117
time, amend orders applicable to persons engaged in the production,
sale, or handling of honey and honey products in the United States
and the importation of honey and honey products into the United
States.
NOTICE AND HEARING
SEC. 5. Whenever the Secretary has reason to believe that the
issuance of an order will assist in carrying out the purpose of this
Act, the Secretary shall provide due notice of and opportunity for a
hearing upon a proposed order. Such hearing may be requested and
a proposal for an order submitted by any organization or interested
person affected by the provisions of this Act. 7 use 4604.
FINDINGS AND ISSUANCE OF AN ORDER
SEC. 6. After notice of and opportunity for a hearing has been
provided in accordance with section 5 of this Act, the Secretary shall
issue an order if the Secretary finds, and sets forth in such order,
that, upon the evidence introduced at such hearing, the issuance of
such order and all the terms and conditions thereof will assist in
carrying out the purpose of this Act. 7 use 4605.
REQUIRED TERMS OF AN ORDER
SEC. 7. (a) Any order issued by the Secretary under this Act shall
contain the terms and conditions described in this section and,
except as provided in section 8 of this Act, no others.
(b)(1) Such order shall provide for the establishment and appoint­
ment by the Secretary of a National Honey Nominations Committee
which shall consist of not more than one member from each State,
from nominations submitted by each State association. If a State
association does not submit a nomination, the Secretary may pro­
vide for nominations from that State to be made in a different
manner, except that if a State which is not one of the top twenty
honey-producing States in the United States (as determined by the
Secretary) does not submit a nomination, such State shall not be
represented on the Committee.
(2) Members of the Committee shall serve for three-year terms
with no member serving more than two consecutive three-year
terms, except that the initial appointments to the Committee shall
be staggered with an equal number of members appointed, to the
maximum extent possible, to one-year, two-year, and three-year
terms.
(3) The Committee shall select its Chairman by a majority vote.
(4) The members of the Committee shall serve without compensa­
tion but shall be reimbursed for their reasonable expenses incurred
in performing their duties as members of the Committee.
(5) The Committee shall nominate the members and alternates of
the Honey Board and submit such nominations to the Secretary. In
making such nominations, the Committee shall meet annually,
except that after the first annual meeting, when determined by the
Chairman, the Committee may conduct its business by mail ballot in
lieu of an annual meeting. In order to nominate members to the
Honey Board, at least 50 per centum of the members from the
twenty leading honey producing States must vote. A majority of the
National Honey Nominations Committee shall constitute a quorum 7 use 4606.
National Honey
Nominations
eommittee,
establishment. 98 STAT. 3118 PUBLIC LAW 98-590—OCT. 30, 1984
for voting at an annual meeting. In the case of a mail ballot, votes
must be received from a majority of the Committee.
Honey Board, (c)(1) The order described in subsection (a) shall provide for the
establishment. establishment and appointment by the Secretary of a Honey Board
in accordance with this subsection.
(2) The membership of the Honey Board shall consist of—
(A) seven members who are honey producers appointed from
nominations submitted by the National Honey Nominations
Committee, one from each of seven regions of the United States
which shall be established by the Secretary on the basis of the
production of honey in the different areas of the country;
(B) two members who are handlers of honey appointed from
nominations submitted by the Committee from recommenda­
tions made by industry organizations representing handler
interests;
(C) two members who are importers appointed from nomina­
tions submitted by the Committee from recommendations made
by industry organizations representing importer interests;
(D) one member who is an officer or employee of a honey
marketing cooperative appointed from nominations submitted
by the Committee; and
(E) one member selected by the Secretary from the general
public.
The Committee shall also nominate an alternate or alternates for
each member of the Honey Board described in subparagraphs (A)
through (D), and the Secretary shall appoint an alternate for the
member described in subparagraph (E). Such alternates shall be
appointed in the same manner as members are and shall serve only
whenever the member is absent from a meeting or is disqualified.
(3) Members of the Honey Board shall serve for three-year terms
with no member serving more than two consecutive three-year
terms except that the initial appointments to the Honey Board shall
be staggered with an equal number of members appointed, to the
maximum extent possible, to one-year, two-year, and three-year
terms.
(4) In the event any member of the Honey Board ceases to be a
member of the category of members from which the member was
appointed to the Honey Board, such person shall be automatically
replaced by an alternate.
(5) The members of the Honey Board shall serve without compen­
sation but shall be reimbursed for their reasonable expenses in­
curred in performing their duties as members of the Honey Board.
(6) The powers and duties of the Honey Board shall be to—
(A) administer any order, issued by the Secretary under this
Act, in accordance with its terms and provisions and consistent
with the provisions of this Act;
(B) prescribe rules and regulations to effectuate the terms and
provisions of such an order;
(C) receive, investigate, and report to the Secretary, accounts
of violations of such an order;
(D) make recommendations to the Secretary with respect to
amendments which should be made to such order; and
(E) employ a manager and staff.
(d) The Honey Board shall prepare and submit to the Secretary,
for the Secretary's approval, a budget (on a fiscal period basis) of its
anticipated expenses and disbursements in the administration of the PUBLIC LAW 98-590—OCT. 30, 1984 98 STAT. 3119
order, including probable costs of research, promotion, and con­
sumer information.
(e)(1) The Honey Board shall administer collection of the assess­
ment provided for in this paragraph to finance the expenses de­
scribed in subsections (d) and (f). For the first year in which the plan
is in effect, the assessment rate shall be $0.01 per pound, with
payment to be made in the manner described in section 9. After the
first year, the Honey Board may submit to the Secretary a request
for an increase in the assessment rate not to exceed 0.5 cent per
year, but at no time may the total assessment rate exceed $0.04 per
pound.
(2) A producer or producer-packer who produces, or handles, or Exemptions.
produces and handles less than six thousand pounds of honey per
year or an importer who imports less than six thousand pounds of
honey per year shall be exempt from the assessment. In order to
claim such an exemption, a person shall submit an application to
the Honey Board stating that their production, handling, or imipor-
tation of honey shall not exceed six thousand pounds for the year for
which the exemption is claimed.
(f) Funds collected by the Honey Board from the assessments shall
be used by the Honey Board for financing research, promotion, and
consumer information, other expenses as described in subsection (d),
such other expenses for the administration, maintenance, and func­
tioning of the Honey Board as may be authorized by the Secretary,
any reserve established under section 8(5), and those administrative
costs incurred by the Department of Agriculture pursuant to this
Act after an order has been promulgated under this Act. The
Secretary shall be reimbursed from assessments collected by the
Honey Board for any expenses incurred for the conduct of referenda.
(g) No promotion funded with assessments collected under this
Act may make any false or unwarranted claims on behalf of honey
or its products or false or unwarranted statements with respect to
the attributes or use of any competing product.
(h) No funds collected through assessments authorized by this Act
may, in any manner, be used for the purpose of influencing govern­
mental policy or action, except for making recommendations to the
Secretary as provided for in this Act.
(i) The Honey Board shall develop and submit to the Secretary, for
approval, plans for research, promotion, and consumer information.
Any such plans or projects must be approved by the Secretary before
becoming effective. The Honey Board may enter into contracts or
agreements with the approval of the Secretary for the development
and carrying out of research, promotion, and consumer information,
and for the payment of the cost thereof with funds collected pursu­
ant to this Act.
(j) The Honey Board shall maintain books and records and prepare Records.
and submit to the Secretary such reports from time to time as may Reports.
be required for appropriate accounting with respect to the receipt
and disbursement of funds entrusted to it and cause a complete
audit report to be submitted to the Secretary at the end of each
fiscal year.
PERMISSIVE TERMS AND PROVISIONS
SEC. 8. On the recommendation of the Honey Board, and with the 7 USC 4607.
approval of the Secretary, an order issued pursuant to this Act may
contain one or more of the following provisions: Claims.
Lobbying.
Research and
development.
Marketing. 98 STAT. 3120 PUBLIC LAW 98-590—OCT. 30, 1984
7 use 4608.
Records.
Imports.
Records. (1) Providing authority to exempt from the provisions of the
order honey used for exporting and providing authority for the
Honey Board to require satisfactory safeguards against
improper use of such exemption.
(2) Providing that in a State with an existing marketing order
with respect to honey, the objectives of which the Secretary
determines are comparable to the program estabUshed under
this Act, there shall be paid to the Honey Board as provided in
section 9 that portion of the national assessment which is above
the State assessment, if any, actually paid on such honey.
(3) Providing for authority to designate different handler
payment and reporting schedules to recognize differences in
marketing practices and procedures.
(4) Providing that the Honey Board may convene from time to
time working groups drawn from producers, honey handlers,
importers, exporters, members of the wholesale or retail outlets
for honey, or other members of the public to assist in the
development of research and marketing programs for honey.
(5) Providing for authority to accumulate reserve funds from
assessments collected pursuant to this Act to permit an effective
and continuous coordinated program of research, promotion,
and consumer information, in years when the production and
assessment income may be reduced, but the total reserve fund
may not exceed the amount budgeted for one year's operation.
(6) Providing for the authority to use funds collected under
this Act with the approval of the Secretary for the development
and expansion of honey and honey product sales in foreign
markets.
(7) Providing for terms and conditions incidental to, and not
inconsistent with, the terms and conditions specified in this Act
and necessary to effectuate the other provisions of such an
order.
COLLECTION OF ASSESSMENTS; REFUNDS
SEC. 9. (a) Except as provided by subsections (c), (d), and (e), the
first handler of honey shall be responsible for the collection from the
producer, and payment to the Honey Board, of assessments author­
ized by this Act.
(b) The first handler shall maintain a separate record on each
producer's honey so handled, including honey owned by the handler.
(c) The assessment on imported honey and honey products shall be
paid by the importer at the time of entry into the United States and
shall be remitted to the Honey Board.
(d) In any case in which a loan is made with respect to any honey
under the Honey Loan Price Support Program, the Secretary shall
provide that the assessment shall be deducted from the proceeds of
the loan and that the amount of such assessment shall be forwarded
to the Honey Board. When such loan is redeemed, the Secretary
shall provide the producer with proof of payment of the assessment.
(e) Producer-packers shall pay to the Honey Board the assessment
on the honey they produce.
(f) Handlers, importers, and producer-packers responsible for pay­
ment of assessments shall maintain and make available for inspec­
tion by the Secretary such books and records as are required by the
order and file reports at the times, in the manner, and having the
content prescribed by the order, so that information and data shall
be made available to the Honey Board and to the Secretary which is PUBLIC LAW 98-590—OCT. 30, 1984 98 STAT. 3121
appropriate or necessary to the effectuation, administration, or
enforcement of the Act or of any order or regulation issued pursuant
to this Act.
(g) All information obtained pursuant to subsection (f) shall be Confidentiality.
kept confidential by all officers and employees of the Department of
Agriculture and of the Honey Board. Only such information as the
Secretary deems relevant shall be disclosed and only in a suit or
administrative hearing brought at the request of the Secretary or to
which the Secretary or any officer of the United States is a party
involving the order with reference to which the information was
furnished or acquired. Nothing in this section prohibits—
(1) issuance of general statements based upon the reports of a
number of handlers subject to any order, if such statements do
not identify the information furnished by any person; or
(2) the publication by direction of the Secretary, of the name
of any person violating any order issued under this Act, to­
gether with a statement of the particular provisions of the order
violated by such person.
(h) Any producer or importer may obtain a refund of the assess­
ment collected from the producer or importer if demand is made
within the time and in the manner prescribed by the Honey Board
and approved by the Secretary; except that, during any year, the
amount of refunds made to importers, as a percentage of total
assessments collected from importers, shall not exceed the amount
of refunds made to domestic producers, as a percentage of total
assessments collected from such producers. Such refund shall be
made by the Honey Board in June and December of each year.
PETITION AND REVIEW
SEC. 10. (a) Any person subject to an order may file, within a 7 use 4609.
period prescribed by the Secretary, a written petition with the
Secretary, stating that such order or any provision of such order or
any obligation imposed in connection therewith is not in accordance
with law and requesting a modification thereof or to be exempted
therefrom. Such person shall thereupon be given an opportunity for
a hearing upon such petition, in accordance with regulations made
by the Secretary. After such hearing, the Secretary shall make a
ruling upon such petition which shall be final, if in accordance with
law.
(b) The district courts of the United States in any district in which
such person is an inhabitant, or carries on business, are hereby
vested with jurisdiction to review such ruling, provided a complaint
for that purpose is filed within twenty days from the date of the
entry of such ruling. Service of process in such proceedings may be
had upon the Secretary by delivering to the Secretary a copy of the
complaint. If the court determines that such ruling is not in accord­
ance with law, it shall remand such proceedings to the Secretary
with directions either (1) to make such ruling as the court shall
determine to be in accordance with law, or (2) to take such further
proceedings as, in its opinion, the law requires. The pendency of
proceedings instituted pursuant to subsection (a) of this section shall
not impede, hinder, or delay the United States or the Secretary from
obtaining relief pursuant to section 11 of this Act. 98 STAT. 3122 PUBLIC LAW 98-590—OCT. 30, 1984
Crimes and
misdemeanors.
7 use 4610.
Records. ENFORCEMENT
SEC. 11. (a) The several district courts of the United States are
vested with jurisdiction specifically to enforce, and to prevent and
restrain any person from violating, any plan or regulation issued
under this Act. The facts relating to any civil action authorized to be
brought under this subsection shall be referred to the Attorney
General for appropriate action. Nothing in this Act shall be con­
strued as requiring the Secretary to refer to the Attorney General
violations of this Act whenever the Secretary believes that the
administration and enforcement of any such plan or regulation
would be adequately served by administrative action under subsec­
tion Ot)) or suitable written notice or warning to any person commit­
ting such violations.
(b)(1) Any person who violates any provision of any plan or
regulation issued by the Secretary under this Act, or who fails or
refuses to pay, collect, or remit any assessment or fee duly required
of such person thereunder, may be assessed a civil penalty by the
Secretary of not less than $500 nor more than $5,00() for each such
violation. Each violation shall be a separate offense. In addition to
or in lieu of such civil penalty the Secretary may issue an order
requiring such person to cease and desist from continuing such
violations. No penalty shall be assessed or cease and desist order
issued unless such person is given notice and opportunity for a
hearing before the Secretary with respect to such violation, and the
order of the Secretary assessing a penalty or imposing a cease and
desist order shall be final and conclusive unless the affected person
files an appeal from the Secretary's order with the appropriate
United States court of appeals.
(2) Any person against whom a violation is found and a civil
penalty assessed or cease and desist order issued under paragraph
(1) may obtain review in the court of appeals of the United States for
the circuit in which such person resides or carries on business or in
the United States Court of Appeals for the District of Columbia
Circuit by filing a notice of appeal in such court within thirty days
from the date of such order and by simultaneously sending a copy of
such notice by certified mail to the Secretary. The Secretary shall
promptly file in such court a certified copy of the record upon which
such violation was found. The findings of the Secretary shall be set
aside only if found to be unsupported by substantial evidence.
(3) Any person who fails to obey a cease and desist order after it
has become final and unappealable, or after the appropriate court of
appeals has entered a final judgment in favor of the Secretary, shall
be subject to a civil penalty assessed by the Secretary, after opportu­
nity for a hearing and for judicial review under the procedures
specified in paragraphs (1) and (2) of not more than $500 for each
offense, and each day during which such failure continues shall be
deemed a separate offense.
(4) If any person fails to pay an assessment of a civil penalty after
it has become a final and unappealable order, or after the appropri­
ate court of appeals has entered final judgment in favor of the
Secretary, the Secretary shall refer the matter to the Attorney
General for recovery of the amount assessed in any appropriate
district court of the United States. In such action, the validity and
appropriateness of the final order imposing the civil penalty shall
not be subject to review. PUBLIC LAW 98-590—OCT. 30, 1984 98 STAT. 3123
REQUIREMENTS OF REFERENDUM
SEC. 12. For the purpose of ascertaining whether issuance of an 47 use 46ii.
order is approved or favored by producers and importers, the Secre­
tary shall conduct a referendum among those producers and import­
ers not exempt under section 7(e)(2) who, during a representative
period determined by the Secretary, have been engaged in the
production and importation of honey. No order issued pursuant to
this Act shall be effective unless the Secretary determines that the
issuance of such an order is approved or favored by not less than
two-thirds of the producers and importers voting in such referen­
dum or by a majority of the producers and importers voting in such
referendum if such majority produced and imported not less than
two-thirds of the honey produced and imported during the repre­
sentative period. The ballots and other information or reports which Confidentiality.
reveal, or tend to reveal, the vote of any producer or importer of
honey shall be held strictly confidential and shall not be disclosed.
SUSPENSION AND TERMINATION
SEC. 13. (a) Whenever the Secretary finds that any order issued 7 use 4612.
under this Act, or any provisions thereof, obstructs or does not tend
to effectuate the declared purpose of this Act, the Secretary shall
terminate or suspend the operation of such order or such provisions
thereof.
(b) Five years from the date on which the Secretary issues an
order authorizing the collection of assessments on honey under
provisions of this Act, and every five years thereafter, the Secretary
shall conduct a referendum to determine if honey producers and
importers favor the continuation, termination, or suspension of the
order.
(c) The Secretary shall hold a referendum on the request of the
Honey Board or when petitioned by 10 per centum or more of the
honey producers and importers to determine if the honey producers
and importers favor termination or suspension of the order.
(d) The Secretary shall terminate or suspend such order at the end
of the marketing year whenever the Secretary determines that such 98 STAT. 3124 PUBLIC LAW 98-590—OCT. 30, 1984
suspension or termination of the order is favored by a majority of
those voting in a referendum and that the producers and importers
comprising this majority produce and import more than 50 per
centum of the volume of honey produced and imported by those
voting in the referendum.
Approved October 30, 1984.
LEGISLATIVE HISTORY—H.R. 5358:
HOUSE REPORT No. 98-892 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 130 (1984):
July 24, considered and passed House.
Oct. 4, considered and passed Senate.