Page:United States Statutes at Large Volume 110 Part 1.djvu/1094

 110 STAT. 1070 PUBLIC LAW 104-127—APR. 4, 1996 (B) the publication, by direction of the Secretary, of the name of any person violating an order issued under section 554(a), together with a statement of the particular provisions of the order violated by the person. (3) PENALTY.— Any person who willfully violates this subsection, on conviction, shall be subject to a fine of not more than $1,000 or to imprisonment for not more than 1 year, or both, and, if the person is a member, officer, or agent of the Board or an employee of the Department of Agriculture, shall be removed from office. (h) WITHHOLDING OF INFORMATION. —Nothing in this subtitle authorizes the withholding of information from Congress. 7 USC 7466. SEC. 557. PERMISSIVE TERMS IN ORDER. (a) PERMISSIVE TERMS.— On the recommendation of the Board and with the approval of the Secretary, an order issued under section 554 may include the terms and conditions specified in this section and such additional terms and conditions as the Secretary considers necessary to effectuate the other provisions of the order and are incidental to, and not inconsistent with, this subtitle. (b) ALTERNATIVE PAYMENT AND REPORTING SCHEDULES.— The order may authorize the Board to designate different handler pay- ment and reporting schedules to recognize differences in marketing practices and procedures. (c) WORKING GROUPS. —The order may authorize the Board to convene working groups drawn from producers, handlers, importers, exporters, or the general public and utilize the expertise of the groups to assist in the development of research and marketing programs for kiwifruit. (d) RESERVE FUNDS. —The order may authorize the Board to accumulate reserve funds from assessments collected pursuant to section 556(b) to permit an effective and continuous coordinated program of research, promotion, and consumer information in years in which production and assessment income may be reduced, except that any reserve fund may not exceed the amount budgeted for operation of this subtitle for 1 year. (e) PROMOTION ACTIVITIES OUTSIDE UNITED STATES. —The order may authorize the Board to use, with the approval of the Secretary, funds collected under section 556(b) and funds from other sources for the development and expansion of sales in foreign markets of kiwifruit produced in the United States. 7 USC 7467. SEC. 558. PETITION AND REVIEW. (a) PETITION. — (1) IN GENERAL. —^A person subject to an order may file with the Secretary a petition— (A) stating that the order, a provision of the order, or an obligation imposed in connection with the order is not in accordance with law; and (B) requesting a modification of the order or an exemption from the order. (2) HEARINGS. — ^A person submitting a petition under paragraph (1) shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary. (3) RULING.— After the hearing, the Secretary shall issue a ruling on the petition which shall be final if the petition is in accordance with law.

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