Page:United States Statutes at Large Volume 112 Part 1.djvu/619

 PUBLIC LAW 105-185-JUNE 23, 1998 112 STAT. 593 produced shall be eligible for nomination or appointment to the Honey Board as a producer described in paragraph (2)(A) or as an alternate to such a producer. "(B) IMPORTERS.—No importer that, during any 3 of the preceding 5 yeeirs, did not receive at least 75 percent of the gross income generated by the sale of honey and honey products from the sale of imported honey and honey products shall be eligible for nomination or appointment to the Honey Board as an importer described in paragraph (2)(D) or an alternate to such an importer. "(6) CERTIFICATION OF ORGANIZATIONS. — "(A) IN GENERAL.— The eligibility of an organization to participate in the making of recommendations to the Committee for nomination to the Honey Board to represent handlers or importers under this section shall be certified by the Secretary. "(B) ELIGIBILITY CRITERIA.— Subject to the other provisions of this paragraph, the Secretary shall certify an organization that the Secretary determines meets the eligibility criteria established by the Secretary under this paragraph. "(C) FINALITY. —An eligibility determination of the Secretary under this paragraph shall be final. "(D) BASIS FOR CERTIFICATION.— Certification of an Reports, organization under this paragraph shall be based on, in addition to other avsdlable information, a factual report submitted by the organization that contains information considered relevant by the Secretary, including— "(i) the geographic territory covered by the active membership of the organization; "(ii) the nature and size of the active membership of the organization, including the proportion of the total number of active handlers or importers represented by the organization; "(iii) evidence of the stability and permanency of the organization; "(iv) sources from which the operating funds of the organization are derived; "(v) the functions of the organization; and "(vi) the ability and willingness of the organization to further the purposes of this Act. " (E) PRIMARY CONSIDERATIONS. — A primary consideration in determining the eligibility of an organization under this paragraph shall be whether— "(i) the membership of the organization consists primarily of hsindlers or importers that derive a substantial quantity of their income from sales of honey and honey products; and "(ii) the organization has an interest in the marketing of honey and honey products. "(F) NONMEMBERS.— As a condition of certification under this paragraph, an orgeinization shall agree— "(i) to notify nonmembers of the organization of Notification. Honey Board nomination opportunities for which the organization is certified to make recommendations to the Committee; and

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