Page:United States Statutes at Large Volume 114 Part 2.djvu/896

 114 STAT. 1549A-82 PUBLIC LAW 106-387—APPENDIX (A) IN GENERAL. — After notice and opportunity for public comment are provided in accordance with paragraph (2), the Secretary shall issue the order, taking into consideration the comments received and including in the order such provisions as are necessary to ensure that the order is in conformity with this title. (B) EFFECTIVE DATE.— The order shall be issued and become effective only after an affirmative vote in a referendum as provided in section 1206, but not later than 180 days after publication of the proposed order. (c) AMENDMENTS.—The Secretary, from time to time, may amend an order. The provisions of this title applicable to an order shall be applicable to any amendment to an order. SEC. 1205. REQUIRED TERMS IN ORDERS. (a) IN GENERAL. —An order shall contain the terms and provisions specified in this section. (b) HASS AVOCADO BOARD.— (1) ESTABLISHMENT AND MEMBERSHIP.— (A) ESTABLISHMENT.—The order shall provide for the establishment of a Hass Avocado Board, consisting of 12 members, to administer the order. (B) MEMBERSHIP. — (i) APPOINTMENT. — The order shall provide that members of the Board shall be appointed by the Secretary from nominations submitted as provided in this subsection. (ii) COMPOSITION. —The Board shall consist of participating domestic producers and importers. (C) SPECIAL DEFINITION OF IMPORTER.—In this subsection, the term "importer" means a person who is involved in, as a substantial activity, the importation, sale, and marketing of Hass avocados in the United States (either directly or as an agent, broker, or consignee of any person or nation that produces or handles Hass avocados outside the United States for sale in the United States), and who is subject to assessments under the order. (2) DISTRIBUTION OF APPOINTMENTS.— (A) IN GENERAL.— The order shall provide that the membership of the Board shall consist of the following: (i) Seven members who are domestic producers of Hass avocados and are subject to assessments under the order. (ii) Two members who represent importers of Hass avocados and are subject to assessments under the order. (iii) Three members who are domestic producers of Hass avocados and are subject to assessments under the order, or are importers of Hass avocados and are subject to assessments under the order, to reflect the proportion of domestic production and imports supply- ing the United States market, which shall be based on the Secretary's determination of the average volume of domestic production of Hass avocados proportionate to the average volume of imports of Hass avocados in the United States over the previous 3 years.

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