Page:United States Statutes at Large Volume 100 Part 5.djvu/252

 100 STAT. 3726

Regulations.

16 USC 4011.

Regulations.

PUBLIC LAW 99-659—NOV. 14, 1986

fish or fish products described in accordance with section 210(b)(3) of this title that were handled by that sector during such period. (3) With respect to a quality standard adopted under paragraph (2) of this subsection, the council shall develop and file with the Secretary an official identification in the form of a symbol, stamp, label, or seal that will be used to indicate that a fish or fish product meets the quality standard at the time the official identification is affixed to the fish or fish product, or is affixed to or printed on the packaging material of the fish or fish product. (4) The Secretary shall establish by regulation procedures for the use of an official identification filed with the Secretary under paragraph (3) of this subsection. Misuse of an official identification established under this section shall constitute a violation of this title. (5) Prior to issuing final regulations under paragraph (4) of this subsection, the Secretary shall— (A) publish the proposed regulations by such means as will result in wide publicity in affected regions; and (B) provide for public comment and the opportunity for a public hearing. (6) A council may receive, investigate and report to the Secretary accounts of violations of regulations issued under paragraph (4) of this subsection. (7) Any regulation issued under paragraph (4) of this subsection shall be repealed immediately by the Secretary upon the termination under section 216 of this title of the council that developed the official identification to which the regulations apply. (8) The procedures applicable to the adoption and the taking effect of a quality standard developed under this subsection also apply to a subsequent amendment or the termination of such standard. (d) AMENDMENT OF A CHARTER.—A council may submit to the Secretary amendments to the text of the council's charter. Any proposed amendments to a charter shall be approved or disapproved in the same manner as the original charter was approved under section 210(d) and (e) of this title, with the exception of section 210(d)(l)(B). SEC. 212. FUNCTIONS AND POWERS OF THE SECRETARY.

(a) DUTIES OF THE SECRETARY.—In addition to the duties prescribed under section 210 of this title, the Secretary shall— (1) review, for consistency with the provisions of this title and other applicable law, and approve or disapprove, marketing and promotion plans and budgets within sixty days after their submission by a council; (2) immediately notify a council in writing of the disapproval of a marketing and promotion plan or budget, together with reasons for such disapproval; (3) issue orders and amendments to such orders that are necessary to implement quality standards under section 211(c) of this title; (4) promulgate regulations necessary to carry out the purposes of this title; (5) enforce the provisions of this title, as provided under section 217 of this title; and (6) make all appointments to councils in accordance with section 210(f) of this title.

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