Page:United States Statutes at Large Volume 99 Part 2.djvu/513

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1623

DEFINITIONS

SEC. 1643. As used in this subtitle— 7 USC 4902. (1) the term "Secretary" means the Secretary of Agriculture; (2) the term "person" means any individual, group of individuals, partnership, corporation, association, cooperative, or other entity; (3) the term "watermelon" means all varieties of watermelon grown by producers in the forty-eight contiguous States of the United States; (4) the term "handler" means any person (except a common or contract carrier of watermelons owned by another person) who handles watermelons in a manner specified in a plan issued under this subtitle or in regulations promulgated thereunder; (5) the term "producer" means any person engaged in the growing of five or more acres of watermelons; (6) the term "promotion" means any action taken by the Board, under this subtitle, to present a favorable image for watermelons to the public with the express intent of improving the competitive position of watermelons in the marketplace and stimulating sales of watermelons, and shall include, but not be limited to, paid advertising; and (7) the term "Board" means the National Watermelon Promotion Board provided for in section 1644. infm. ISSUANCE OF PLANS

SEC. 1644. To effectuate the declared policy of this subtitle, the 7 USC 4903. Secretary shall, under the provisions of this subtitle, issue, and from time to time may amend, orders (applicable to producers and handlers of watermelons) authorizing the collection of gissessments on watermelons under this subtitle and the use of such funds to cover the costs of research, development, advertising, and promotion with respect to watermelons under this subtitle. Any order issued by the Secretary under this subtitle shall hereinafter in this subtitle be referred to as a "plan". Any plan shall be applicable to watermelons produced in the forty-eight contiguous States of the United States. NOTICE AND HEARINGS

SEC. 1645. (a) When sufficient evidence, as determined by the 7 USC 4904. Secretary, is presented to the Secretary by watermelon producers and handlers, or whenever the Secretary has reason to believe that a plan will tend to effectuate the declared policy of this subtitle, the Secretary shall give due notice and opportunity for a hearing on a proposed plan. Such hearing may be requested by watermelon producers or handlers or by any other interested person, including the Secretary, when the request for such hearing is accompanied by a proposal for a plan. (b) After notice and opportunity for hearing as provided in Subsection (a) of this section, the Secretary shall issue a plan if the Secretary finds, and sets forth in such plan, on the evidence introduced at the hearing that the issuance of the plan and all the terms and conditions thereof will tend to effectuate the declared policy of this subtitle.

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