Page:United States Statutes at Large Volume 95.djvu/1383

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1357

CERTIFICATION OF ORGANIZATIONS

SEC. 1716. The eligibility of any organization to represent producers? use 4315. of flowers and plants of any producing area of the United States or importers of flowers and plants, for purposes of requesting the issuance of an order under section 1705, or making nominations under section 1707(2) of this title, shall be certified by the Secretary. Certification shall be based, in addition to other available information, upon a factual report submitted by the organization which shall contain information deemed relevant and specified by the Secretary for the making of such determination, including, but not limited to, the following: (1) geographic territory covered by the organization's active meml^rship; (2) nature and size of the organization's active membership, the proportion of such active membership accounted for by producers and importers, and information as to the volume of production by State or the volume of importation by country accounted for by the organization's producer and importer members; (3) the extent to which the producer and importer membership of such organization is represented in setting the organizations policies; (4) evidence of stability and permanencv of the organization; (5) sources from which the organizations operating funds are derived; (6) functions of the organization; (7) whether the majority of the governing board of the organization is composed of producers and importers; and (8) the organization's ability and willingness to further the aims and objectives of this title. The primary consideration in determining the eligibility of any organization shall be whether its membership consiste of a substantial number of producers and importers who produce and import a substantial volume of flowers and plants. The Secretary shall certify any organization which is found to be eligible under this section, and the Secretary's determination as to eligibility shall be final. Whenever more than one organization is certified in any geographic area, such organizations may caucus to determine the area's nominations under section 1707(2) of this title. REGULATIONS

SEC. 1717. The Secretary may issue such regulations as may be 7 USC 4316. necessary to carry out the provisions of this title. INVESTIGATIONS; POWER TO SUBPENA A N D TAKE OATHS AND AFFIRMATIONS; AID OF COURTS

SEC. 1718. The Secretary may make such investigations as are '^ use 4317. deemed necessary to carry out the Secretary's responsibilities under this title or to determine whether a producer, importer, wholesaler, retailer, or other seller of flowers and plants, or any other person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provisions of this title, or of any order, or rule or regulation issued under this title. For the purpose of such investigation, the Secretary is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers,

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