Page:United States Statutes at Large Volume 122.djvu/2133

 12 2 STA T . 211 0PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 packer-im p o r t er b oar d ora Un ited S tate sh one y prod u cer board .‘ ‘ (C)REQUIR E M E NTS . —I n conductin g re f erenda under subparagraph ( B ) , andine x ercising fiduciary responsibi l - ities in any transition to any 1 or more successor boards, the Secretary shall— ‘‘(i) conduct a referendum of eligible United States honey producers for the establishment of a marketing board solely for United States honey producers ‘‘(ii) conduct a referendum of eligible packers, importers, and handlers of honey for the establishment of a marketing board for packers, importers, and han- dlers of honey; ‘‘(iii) not w ithstanding the timing of the referenda re q uired under clauses (i) and (ii) or of the establish- ment of any 1 or more successor boards pursuant to those referenda, ensure that the rights and interests of honey producers, importers, packers, and handlers of honey are equitably protected in any disposition of the assets, facilities, intellectual property, and pro- grams of the existing H oney Board and in the transi- tion to any 1 or more new successor marketing boards; ‘‘(i v ) ensure that the existing Honey Board con- tinues in operation until such time as the Secretary determines that— ‘‘(I) any 1 or more successor boards, if approved, are operational; and ‘‘(II) the interests of producers, importers, packers, and handlers of honey can be equitably protected during any remaining period in which a referendum on a successor board or the establish- ment of such a board is pending; and ‘‘(v) discontinue collection of assessments under the order establishing the existing Honey Board on the date the Secretary requires that collections com- mence pursuant to an order approved in a referendum by eligible producers or processors and importers of honey. ‘‘( D )H O NE YB O A R D RE F ERENDUM.—If 1 or more orders are approved pursuant to paragraph (C)— ‘‘(i) the Secretary shall not be required to conduct a continuation referendum on the order in existence on the date of enactment of this paragraph; and ‘‘(ii) that order shall be terminated pursuant to the provisions of the order. ’ ’. SEC.104 0 2 . ID E NT I F IC A TI O NOF H ONE Y . (a) IN G ENERA L .—Section 203 (h) of the A gricultural M arketing Actof1 946 ( 7 U.S.C. 1622(h)) is amended— (1) by designating the first through sixth sentences as paragraphs (1), (2)(A), (2)(B), (3), (4), and ( 5 ), respectively; and (2) by adding at the end the following

‘‘(6) IDENTIFI C ATION OF H ONEY.— ‘‘(A) IN G ENERAL.— T he use of a label or advertising material on, or in con j unction with, packaged honey that

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