Page:United States Statutes at Large Volume 112 Part 1.djvu/626

 112 STAT. 600 PUBLIC LAW 105-185^JUNE 23, 1998 "(4) STATUTE OF LIMITATIONS. — A petition filed under this subsection that challenges an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed not later than 2 years after the later of— "(A) the effective date of the order, provision, or obligation challenged in the petition; or "(B) the date on which the petitioner became subject to the order, provision, or obligation challenged in the petition. ". (j) ENFORCEMENT.— Subsections (a) and (b) of section 11 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4610) are amended by striking "plan" each place it appears and inserting "order". (k) REQUIREMENTS OF REFERENDUM.— Section 12 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4611) is amended to read as follows: "SEC. 12. REQUIREMENTS OF REFERENDUM. "(a) IN GENERAL.— For the purpose of ascertaining whether issuance of an order is approved by producers, importers, and in the case of an order assessing handlers, handlers, the Secretary shall conduct a referendum among producers, importers, and, in the case of an order assessing handlers, handlers, not exempt under section 7(e)(4), that, during a representative period determined by the Secretary, have been engaged in the production, importation, or handling of honey or honey products. " (b) EFFECTIVENESS OF ORDER.— "(1) IN GENERAL. —No order issued under this Act shall be effective unless the Secretary determines that— "(A) the order is approved by a majority of the producers, importers, and if covered by the order, handlers, voting in the referendum; and "(B) the producers, importers, and handlers comprising the majority produced, imported, and handled not less than 50 percent of the quantity of the honey and honey products produced, imported, and handled during the representative period by the persons voting in the referendum. "(2) AMENDMENTS TO ORDERS.— The Secretary may amend an order in accordance with the administrative procedures specified in sections 5 and 6, except that the Secretary may not amend a provision of an order that implements a provision of this Act that specifically provides for approval in a referendum without the approval provided for in this section. "(c) PRODUCER-PACKERS AND IMPORTERS.— "(1) IN GENERAL.— Each producer-packer and each importer shall have 1 vote as a handler as well as 1 vote as a producer or importer (unless exempt under section 7(e)(4)) in all referenda concerning orders assessing handlers to the extent that the individual producer-packer or importer owes assessments as a handler. "(2) ATTRIBUTION OF QUANTITY OF HONEY.— For the purpose of subsection (b)(1)(B)— "(A) the quantity of honey or honey products on which the qualifying producer-packer or importer owes assessments as a handler shall be attributed to the person's vote as a handler under paragraph (1); and

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