Page:United States Statutes at Large Volume 112 Part 1.djvu/625

 PUBLIC LAW 105-185-JUNE 23, 1998 112 STAT. 599 under this Act, together with a statement of the particular provisions of the order violated by the person. "(4) VIOLATION.— Any person that knowingly violates this subsection, on conviction— "(A) shall be fined not more thein $1,000, imprisoned not more than 1 year, or both; and "(B) if the person is an officer or employee of the Honey Board or the Department, shall be removed from office.". (4) REFUNDS. —Section 9 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4608) is amended by striking subsection (h). (5) ADMINISTRATION AND REMITTANCE. —Section 9 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4608) (as amended by paragraph (4)) is amended by inserting after subsection (g) the following: "(h) ADMINISTRATION AND REMITTANCE.— Administration and remittance of the assessments under this Act shall be conducted— "(1) in the manner prescribed in the order and regulations issued under this Act; and "(2) if approved in a referendum conducted under this Act, in a manner that ensures that all honey and honey products are assessed a total of, but not more than, $0,015 per pound, including any producer or importer assessment.". (6) LIABILITY FOR ASSESSMENTS. —Section 9(i) of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4608(i)) is amended— (A) by striking "(i) If and inserting the following: "(i) LIABILITY FOR ASSESSMENTS. — "(1) PRODUCERS.— If; and (B) by adding at the end the following: "(2) IMPORTERS.— If the United States Customs Service fails to collect an assessment from an importer or an importer fails to pay an assessment at the time of entry of honey and honey products into the United States under this section, the importer shall be responsible for the remission of the assessment to the Honey Board.". (i) PETITION AITO REVIEW. —Section 10 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4609) is amended by striking subsection (a) and inserting the following: "(a) FILING OF PETITION; HEARING. — "(1) IN GENERAL. —Subject to paragraph (4), a person subject to an order may file a written petition with the Secretary— "(A) that states that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law; and "(B) that requests— "(i) a modification of the order, provision, or obligation; or "(ii) to be exempted from the order, provision, or obligation. "(2) HEARING. — In accordance with regulations issued by Regulations, the Secretary, the petitioner shall be given an opportunity for a hearing on the petition. "(3) RULING.—After the hearing, the Secretary shall make a ruling on the petition that shEtQ be final, if in accordance with law.

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