Page:United States Statutes at Large Volume 96 Part 1.djvu/352

 96 STAT. 310

PUBLIC LAW 97-244—AUG. 26, 1982

Public Law 97-244 97th Congress An Act Aug. 26, 1982 [H.R. 2160] Potato Research and Promotion Act Amendments of 1982. 7 USC 2611 note.

Assessment rate; referendum and administrative costs.

To amend the Potato Research and Promotion Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Potato Research and Promotion Act Amendments of 1982". REQUIRED TERMS IN PLANS

SEC, 2. Section 308 of the Potato Research and Promotion Act (7 U.S.C. 2617) is amended by— (1) amending subsection Qji) to read as follows: "0)) Providing that the board shall be composed of representatives of producers and the public appointed by the Secretary from nominations submitted in accordance with this subsection. Representatives of producers shall be nominated by producers in such manner as may be prescribed by the Secretary. Public representatives shall be nominated by the board in such manner as may be prescribed by the Secretary. If producers fail to select nominees for appointment to the board, or the board fails to nominate public representatives, the Secretary may appoint persons on the beisis of representation as provided for in such plan."; (2) amending subsection (e) to read as follows: "(e) Providing that the board shall recommend to the Secretary and the Secretary shall fix the assessment rate required for such costs as may be incurred under subsection (d) of this section, including any referendum and administrative costs estimated to be incurred by the United States Department of Agriculture under this title: Provided, That the rate of assessment for fiscal year 1982 and each fiscal year thereafter shall not exceed one-half of 1 per centum of the immediate past ten calendar year United States average price received for potatoes by growers as reported by the Department of Agriculture."; and (3) inserting before the semicolon in subsection (f)(1) the following: ", including any referendum and administrative costs incurred by the Department of Agriculture under this title". ENFORCEMENT

SEC. 3. Section 312 of the Potato Research and Promotion Act (7 U.S.C. 2621) is amended to read as follows: "SEC. 312. (a) The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating any plan or regulation made or issued under this title. The facts relating to any civil action authorized to be brought under this subsection shall be referred to the Attorney General for appropriate action: Provided, That nothing in this title shall be construed as requiring the Secretary to refer to the Attorney General violations of this title whenever the Secretary

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