---
kind: "section"
citation: "7 U.S.C. § 4606"
title: "7"
title_heading: "Agriculture"
number: "4606"
heading: "Required terms of order"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/4606"
units:
  - "Chapter 77 — Honey Research, Promotion, and Consumer Information"
---

# §4606. Required terms of order

- (a) **Terms and conditions of order—** Any order issued by the [Secretary](/usc/7/4602.md?p=22) under this chapter shall contain the terms and conditions described in this section and, except as provided in [section 4607 of this title](/usc/7/4607.md), no others.
- (b) **National Honey Nominations Committee; composition; nominations; terms; Chairman; compensation; meetings; voting—**
  - (1) Such order shall provide for the establishment and appointment by the [Secretary](/usc/7/4602.md?p=22) of a National [Honey](/usc/7/4602.md?p=7) Nominations [Committee](/usc/7/4602.md?p=1) which shall consist of not more than one member from each [State](/usc/7/4602.md?p=23), from nominations submitted by each [State association](/usc/7/4602.md?p=24). If a [State association](/usc/7/4602.md?p=24) does not submit a nomination, the [Secretary](/usc/7/4602.md?p=22) may provide for nominations from that [State](/usc/7/4602.md?p=23) to be made in a different manner, except that if a [State](/usc/7/4602.md?p=23) which is not one of the top twenty [honey](/usc/7/4602.md?p=7)-producing [States](/usc/7/4602.md?p=23) in the United States (as determined by the [Secretary](/usc/7/4602.md?p=22)) does not submit a nomination, such [State](/usc/7/4602.md?p=23) shall not be represented on the [Committee](/usc/7/4602.md?p=1).
  - (2) Members of the [Committee](/usc/7/4602.md?p=1) shall serve for three-year terms with no member serving more than two consecutive three-year terms, except that the term of appointments to the [Committee](/usc/7/4602.md?p=1) may be staggered periodically, as determined by the [Secretary](/usc/7/4602.md?p=22).
  - (3) The [Committee](/usc/7/4602.md?p=1) shall select its Chairman by a majority vote.
  - (4) The members of the [Committee](/usc/7/4602.md?p=1) shall serve without compensation but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the [Committee](/usc/7/4602.md?p=1).
  - (5) The [Committee](/usc/7/4602.md?p=1) shall nominate the members and alternates of the [Honey Board](/usc/7/4602.md?p=8) and submit such nominations to the [Secretary](/usc/7/4602.md?p=22). In making such nominations, the [Committee](/usc/7/4602.md?p=1) shall meet annually, except that, when determined by the Chairman, the [Committee](/usc/7/4602.md?p=1) may conduct its business by mail ballot in lieu of an annual meeting. In order to nominate members to the [Honey Board](/usc/7/4602.md?p=8), at least 50 percent of the members from the twenty leading [honey](/usc/7/4602.md?p=7) producing [States](/usc/7/4602.md?p=23) must vote. A majority of the National [Honey](/usc/7/4602.md?p=7) Nominations [Committee](/usc/7/4602.md?p=1) shall constitute a quorum for voting at an annual meeting. In the case of a mail ballot, votes must be received from a majority of the [Committee](/usc/7/4602.md?p=1).
- (c) **Honey Board; membership; terms; alternates; compensation; powers; duties—**
  - (1) The order described in [subsection (a)](#a) shall provide for the establishment and appointment by the [Secretary](/usc/7/4602.md?p=22) of a [Honey Board](/usc/7/4602.md?p=8) in accordance with this subsection.
  - (2) The membership of the [Honey Board](/usc/7/4602.md?p=8) shall consist of—
    - (A) 7 members who are [honey](/usc/7/4602.md?p=7) [producers](/usc/7/4602.md?p=16) appointed from nominations submitted by the National [Honey](/usc/7/4602.md?p=7) Nominations [Committee](/usc/7/4602.md?p=1), one from each of seven regions of the United States which shall be established by the [Secretary](/usc/7/4602.md?p=22) on the basis of the production of [honey](/usc/7/4602.md?p=7) in the different areas of the country;
    - (B) 2 members who are [handlers](/usc/7/4602.md?p=6) appointed from nominations submitted by the [Committee](/usc/7/4602.md?p=1) from recommendations made by qualified national organizations representing [handler](/usc/7/4602.md?p=6) interests;
    - (C) if approved in a referendum conducted under this chapter, 2 members who—
      - (i) are [handlers](/usc/7/4602.md?p=6) of [honey](/usc/7/4602.md?p=7);
      - (ii) during any 3 of the preceding 5 years, were also [importers](/usc/7/4602.md?p=11) of record of at least 40,000 pounds of [honey](/usc/7/4602.md?p=7); and
      - (iii) are appointed from nominations submitted by the [Committee](/usc/7/4602.md?p=1) from recommendations made by—
        - (I) qualified national organizations representing [handler](/usc/7/4602.md?p=6) interests or qualified national organizations representing [importer](/usc/7/4602.md?p=11) interests; or
        - (II) if the [Secretary](/usc/7/4602.md?p=22) determines that there is not a [qualified national organization representing handler interests](/usc/7/4602.md?p=19) or a [qualified national organization representing importer interests](/usc/7/4602.md?p=20), individual [handlers](/usc/7/4602.md?p=6) or [importers](/usc/7/4602.md?p=11) that have paid assessments to the [Honey Board](/usc/7/4602.md?p=8) on imported [honey](/usc/7/4602.md?p=7) or [honey products](/usc/7/4602.md?p=10);
    - (D) 2 members who are [importers](/usc/7/4602.md?p=11) appointed from nominations submitted by the [Committee](/usc/7/4602.md?p=1) from recommendations made by—
      - (i) qualified national organizations representing [importer](/usc/7/4602.md?p=11) interests; or
      - (ii) if the [Secretary](/usc/7/4602.md?p=22) determines that there is not a [qualified national organization representing importer interests](/usc/7/4602.md?p=20), individual [importers](/usc/7/4602.md?p=11) that have paid assessments to the [Honey Board](/usc/7/4602.md?p=8) on imported [honey](/usc/7/4602.md?p=7) or [honey products](/usc/7/4602.md?p=10); and
    - (E) 1 member who is an officer, director, or employee of a [national honey marketing cooperative](/usc/7/4602.md?p=14) appointed from nominations submitted by the [Committee](/usc/7/4602.md?p=1) from recommendations made by qualified [national honey marketing cooperatives](/usc/7/4602.md?p=14).
  - (3) **Alternates.—** The [Committee](/usc/7/4602.md?p=1) shall submit nominations for an alternate for each member of the [Honey Board](/usc/7/4602.md?p=8) described in [paragraph (2)](#c-2). An alternate shall be appointed in the same manner as a member and shall serve when the member is absent from a meeting or is disqualified.
  - (4) **Reconstitution.—**
    - (A) **Review.—** If approved in a referendum conducted under this chapter and in accordance with rules issued by the [Secretary](/usc/7/4602.md?p=22), the [Honey Board](/usc/7/4602.md?p=8) shall review, at times determined under [subparagraph (E)](#c-4-E)—
      - (i) the geographic distribution of the quantities of domestically produced [honey](/usc/7/4602.md?p=7) assessed under the order; and
      - (ii) changes in the annual average percentage of assessments owed by [importers](/usc/7/4602.md?p=11) under the order relative to assessments owed by [producers](/usc/7/4602.md?p=16) and [handlers](/usc/7/4602.md?p=6) of domestic [honey](/usc/7/4602.md?p=7), including—
        - (I) whether any changes in assessments owed on imported quantities are owed by [importers](/usc/7/4602.md?p=11) described in [paragraph (5)(B)](#c-5-B); or
        - (II) whether such [importers](/usc/7/4602.md?p=11) are [handler](/usc/7/4602.md?p=6)-[importers](/usc/7/4602.md?p=11) described in [paragraph (2)(C)](#c-2-C).
    - (B) **Recommendations.—** If warranted and in accordance with this subsection, the [Honey Board](/usc/7/4602.md?p=8) shall recommend to the [Secretary](/usc/7/4602.md?p=22)—
      - (i) changes in the regional representation of [honey](/usc/7/4602.md?p=7) [producers](/usc/7/4602.md?p=16) established by the [Secretary](/usc/7/4602.md?p=22);
      - (ii) if necessary to reflect any changes in the proportion of domestic and imported [honey](/usc/7/4602.md?p=7) assessed under the order or the source of assessments on imported [honey](/usc/7/4602.md?p=7) or [honey products](/usc/7/4602.md?p=10), the reallocation of—
        - (I) [handler](/usc/7/4602.md?p=6)-[importer](/usc/7/4602.md?p=11) member positions under [paragraph (2)(C)](#c-2-C) as [handler](/usc/7/4602.md?p=6) member positions under [paragraph (2)(B)](#c-2-B);
        - (II) [importer](/usc/7/4602.md?p=11) member positions under [paragraph (2)(D)](#c-2-D) as [handler](/usc/7/4602.md?p=6)-[importer](/usc/7/4602.md?p=11) member positions under [paragraph (2)(C)](#c-2-C); or
        - (III) [handler](/usc/7/4602.md?p=6)-[importer](/usc/7/4602.md?p=11) member positions under [paragraph (2)(C)](#c-2-C) as [importer](/usc/7/4602.md?p=11) member positions under [paragraph (2)(D)](#c-2-D); or
      - (iii) if necessary to reflect any changes in the proportion of domestic and imported [honey](/usc/7/4602.md?p=7) or [honey products](/usc/7/4602.md?p=10) assessed under the order, the addition of members to the [Honey Board](/usc/7/4602.md?p=8) under subparagraph [(A)](#c-2-A), [(B)](#c-2-B), [(C)](#c-2-C), or [(D)](#c-2-D) of paragraph (2).
    - (C) **Scope of review.—** The review required under [subparagraph (A)](#c-4-A) shall be based on data from the 5-year period preceding the year in which the review is conducted.
    - (D) **Basis for recommendations.—**
      - (i) **In general.—** Except as provided in [subparagraph (F)](#c-4-F), recommendations made under [subparagraph (B)](#c-4-B) shall be based on—
        - (I) the 5-year average annual assessments, excluding the 2 years containing the highest and lowest disparity between the proportion of assessments owed from imported and domestic [honey](/usc/7/4602.md?p=7) or [honey products](/usc/7/4602.md?p=10), determined pursuant to the review that is conducted under [subparagraph (A)](#c-4-A); and
        - (II) whether any change in the average annual assessments is from the assessments owed by [importers](/usc/7/4602.md?p=11) described in [paragraph (5)(B)](#c-5-B) or from the assessments owed by [handler](/usc/7/4602.md?p=6)-[importers](/usc/7/4602.md?p=11) described in [paragraph (2)(C)](#c-2-C).
      - (ii) **Proportions.—** The [Honey Board](/usc/7/4602.md?p=8) shall recommend a reallocation or addition of members pursuant to clause [(ii)](#c-4-B-ii) or [(iii)](#c-4-B-iii) of subparagraph (B) only if 1 or more of the following proportions change by more than 6 percent from the base period proportion determined in accordance with [subparagraph (F)](#c-4-F):
        - (I) The proportion of assessments owed by [handler](/usc/7/4602.md?p=6)-[importers](/usc/7/4602.md?p=11) described in [paragraph (2)(C)](#c-2-C) compared with the proportion of assessments owed by [importers](/usc/7/4602.md?p=11) described in [paragraph (2)(D)](#c-2-D).
        - (II) The proportion of assessments owed by [importers](/usc/7/4602.md?p=11) compared with the proportion of assessments owed on domestic [honey](/usc/7/4602.md?p=7) by [producers](/usc/7/4602.md?p=16) and [handlers](/usc/7/4602.md?p=6).
    - (E) **Timing of review.—**
      - (i) **In general.—** The [Honey Board](/usc/7/4602.md?p=8) shall conduct the reviews required under this paragraph not more than once during each 5-year period.
      - (ii) **Initial review.—** The [Honey Board](/usc/7/4602.md?p=8) shall conduct the initial review required under this paragraph prior to the initial continuation referendum conducted under [section 4612(c) of this title](/usc/7/4612.md?p=c) following the referendum conducted under [section 4613 of this title](/usc/7/4613.md).
    - (F) **Base period proportions.—**
      - (i) **In general.—** The base period proportions for determining the magnitude of change under [subparagraph (D)](#c-4-D) shall be the proportions determined during the prior review conducted under this paragraph.
      - (ii) **Initial review.—** In the case of the initial review required under [subparagraph (E)(ii)](#c-4-E-ii), the base period proportions shall be the proportions determined by the [Honey Board](/usc/7/4602.md?p=8) for fiscal year 1996.
  - (5) **Restrictions on nomination and appointment.—**
    - (A) **Producer-packers as producers.—** No [producer-packer](/usc/7/4602.md?p=17) that, during any 3 of the preceding 5 years, purchased for resale more [honey](/usc/7/4602.md?p=7) than the [producer-packer](/usc/7/4602.md?p=17) produced shall be eligible for nomination or appointment to the [Honey Board](/usc/7/4602.md?p=8) as a [producer](/usc/7/4602.md?p=16) described in [paragraph (2)(A)](#c-2-A) or as an alternate to such a [producer](/usc/7/4602.md?p=16).
    - (B) **Importers.—** No [importer](/usc/7/4602.md?p=11) that, during any 3 of the preceding 5 years, did not receive at least 75 percent of the gross income generated by the sale of [honey](/usc/7/4602.md?p=7) and [honey products](/usc/7/4602.md?p=10) from the sale of imported [honey](/usc/7/4602.md?p=7) and [honey products](/usc/7/4602.md?p=10) shall be eligible for nomination or appointment to the [Honey Board](/usc/7/4602.md?p=8) as an [importer](/usc/7/4602.md?p=11) described in [paragraph (2)(D)](#c-2-D) or an alternate to such an [importer](/usc/7/4602.md?p=11).
  - (6) **Certification of organizations.—**
    - (A) **In general.—** The eligibility of an organization to participate in the making of recommendations to the [Committee](/usc/7/4602.md?p=1) for nomination to the [Honey Board](/usc/7/4602.md?p=8) to represent [handlers](/usc/7/4602.md?p=6) or [importers](/usc/7/4602.md?p=11) under this section shall be certified by the [Secretary](/usc/7/4602.md?p=22).
    - (B) **Eligibility criteria.—** Subject to the other provisions of this paragraph, the [Secretary](/usc/7/4602.md?p=22) shall certify an organization that the [Secretary](/usc/7/4602.md?p=22) determines meets the eligibility criteria established by the [Secretary](/usc/7/4602.md?p=22) under this paragraph.
    - (C) **Finality.—** An eligibility determination of the [Secretary](/usc/7/4602.md?p=22) under this paragraph shall be final.
    - (D) **Basis for certification.—** Certification of an organization under this paragraph shall be based on, in addition to other available information, a factual report submitted by the organization that contains information considered relevant by the [Secretary](/usc/7/4602.md?p=22), including—
      - (i) the geographic territory covered by the active membership of the organization;
      - (ii) the nature and size of the active membership of the organization, including the proportion of the total number of active [handlers](/usc/7/4602.md?p=6) or [importers](/usc/7/4602.md?p=11) represented by the organization;
      - (iii) evidence of the stability and permanency of the organization;
      - (iv) sources from which the operating funds of the organization are derived;
      - (v) the functions of the organization; and
      - (vi) the ability and willingness of the organization to further the purposes of this chapter.
    - (E) **Primary considerations.—** A primary consideration in determining the eligibility of an organization under this paragraph shall be whether—
      - (i) the membership of the organization consists primarily of [handlers](/usc/7/4602.md?p=6) or [importers](/usc/7/4602.md?p=11) that derive a substantial quantity of their income from sales of [honey](/usc/7/4602.md?p=7) and [honey products](/usc/7/4602.md?p=10); and
      - (ii) the organization has an interest in the [marketing](/usc/7/4602.md?p=13) of [honey](/usc/7/4602.md?p=7) and [honey products](/usc/7/4602.md?p=10).
    - (F) **Nonmembers.—** As a condition of certification under this paragraph, an organization shall agree—
      - (i) to notify nonmembers of the organization of [Honey Board](/usc/7/4602.md?p=8) nomination opportunities for which the organization is certified to make recommendations to the [Committee](/usc/7/4602.md?p=1); and
      - (ii) to consider the nomination of nonmembers when making the nominations of the organization to the [Committee](/usc/7/4602.md?p=1), if nonmembers indicate an interest in serving on the [Honey Board](/usc/7/4602.md?p=8).
  - (7) **Minimum percentage of honey producers.—** Notwithstanding any other provision of this subsection, at least 50 percent of the members of the [Honey Board](/usc/7/4602.md?p=8) shall be [honey](/usc/7/4602.md?p=7) [producers](/usc/7/4602.md?p=16).
  - (8) Members of the [Honey Board](/usc/7/4602.md?p=8) shall serve for three-year terms with no member serving more than two consecutive three-year terms except that appointments to the [Honey Board](/usc/7/4602.md?p=8) may be staggered periodically, as determined by the [Secretary](/usc/7/4602.md?p=22), to maintain continuity of the [Honey Board](/usc/7/4602.md?p=8) with respect to all members and with respect to members representing particular groups..[^1]
  - (9) In the event any member of the [Honey Board](/usc/7/4602.md?p=8) ceases to be a member of the category of members from which the member was appointed to the [Honey Board](/usc/7/4602.md?p=8), such [person](/usc/7/4602.md?p=15) shall be automatically replaced by an alternate, except that if, as a result of the adjustment of the boundaries of the regions established under [paragraph (2)(A)](#c-2-A), a [producer](/usc/7/4602.md?p=16) member or alternate is no longer from the region from which such [person](/usc/7/4602.md?p=15) was appointed, such member or alternate may serve out the term for which such [person](/usc/7/4602.md?p=15) was appointed.
  - (10) The members of the [Honey Board](/usc/7/4602.md?p=8) shall serve without compensation but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the [Honey Board](/usc/7/4602.md?p=8).
  - (11) The powers and duties of the [Honey Board](/usc/7/4602.md?p=8) shall be to—
    - (A) administer any order, issued by the [Secretary](/usc/7/4602.md?p=22) under this chapter, in accordance with its terms and provisions and consistent with the provisions of this chapter;
    - (B) prescribe rules and regulations to effectuate the terms and provisions of such an order;
    - (C) receive, investigate, and report to the [Secretary](/usc/7/4602.md?p=22), accounts of violations of such an order;
    - (D) make recommendations to the [Secretary](/usc/7/4602.md?p=22) with respect to amendments which should be made to such order; and
    - (E) [employ](/usc/7/499a.md?p=b-10) a manager and staff.
  - (12) **Referendum requirement.—**
    - (A) **Definition of existing honey board.—** The term “existing [Honey Board](/usc/7/4602.md?p=8)” means the [Honey Board](/usc/7/4602.md?p=8) in effect on the date of enactment of this paragraph.
    - (B) **Conduct of referenda.—** Notwithstanding any other provision of law, subject to [subparagraph (C)](#c-12-C), the order providing for the establishment and operation of the existing [Honey Board](/usc/7/4602.md?p=8) shall continue in force, until the [Secretary](/usc/7/4602.md?p=22) first conducts, at the earliest practicable date, but not later than 180 days after the date of enactment of this paragraph, referenda on orders to establish a [honey](/usc/7/4602.md?p=7) [packer](/usc/7/198.md?p=2)-[importer](/usc/7/4602.md?p=11) board or a United States [honey](/usc/7/4602.md?p=7) [producer](/usc/7/4602.md?p=16) board.
    - (C) **Requirements.—** In conducting referenda under [subparagraph (B)](#c-12-B), and in exercising fiduciary responsibilities in any transition to any 1 or more successor boards, the [Secretary](/usc/7/4602.md?p=22) shall—
      - (i) conduct a referendum of eligible United States [honey](/usc/7/4602.md?p=7) [producers](/usc/7/4602.md?p=16) for the establishment of a [marketing](/usc/7/4602.md?p=13) board solely for United States [honey](/usc/7/4602.md?p=7) [producers](/usc/7/4602.md?p=16);
      - (ii) conduct a referendum of eligible [packers](/usc/7/198.md?p=2), [importers](/usc/7/4602.md?p=11), and [handlers](/usc/7/4602.md?p=6) of [honey](/usc/7/4602.md?p=7) for the establishment of a [marketing](/usc/7/4602.md?p=13) board for [packers](/usc/7/198.md?p=2), [importers](/usc/7/4602.md?p=11), and [handlers](/usc/7/4602.md?p=6) of [honey](/usc/7/4602.md?p=7);
      - (iii) notwithstanding the timing of the referenda required under clauses [(i)](#c-12-C-i) and [(ii)](#c-12-C-ii) or of the establishment of any 1 or more successor boards pursuant to those referenda, ensure that the rights and interests of [honey](/usc/7/4602.md?p=7) [producers](/usc/7/4602.md?p=16), [importers](/usc/7/4602.md?p=11), [packers](/usc/7/198.md?p=2), and [handlers](/usc/7/4602.md?p=6) of [honey](/usc/7/4602.md?p=7) are equitably protected in any disposition of the assets, facilities, intellectual property, and programs of the existing [Honey Board](/usc/7/4602.md?p=8) and in the transition to any 1 or more new successor [marketing](/usc/7/4602.md?p=13) boards;
      - (iv) ensure that the existing [Honey Board](/usc/7/4602.md?p=8) continues in operation until such time as the [Secretary](/usc/7/4602.md?p=22) determines that—
        - (I) any 1 or more successor boards, if approved, are operational; and
        - (II) the interests of [producers](/usc/7/4602.md?p=16), [importers](/usc/7/4602.md?p=11), [packers](/usc/7/198.md?p=2), and [handlers](/usc/7/4602.md?p=6) of [honey](/usc/7/4602.md?p=7) can be equitably protected during any remaining period in which a referendum on a successor board or the establishment of such a board is pending; and
      - (v) discontinue collection of assessments under the order establishing the existing [Honey Board](/usc/7/4602.md?p=8) on the date the [Secretary](/usc/7/4602.md?p=22) requires that collections commence pursuant to an order approved in a referendum by eligible [producers](/usc/7/4602.md?p=16) or processors and [importers](/usc/7/4602.md?p=11) of [honey](/usc/7/4602.md?p=7).
    - (D) **Honey board referendum.—** If 1 or more orders are approved pursuant to paragraph (C)—
      - (i) the [Secretary](/usc/7/4602.md?p=22) 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.
- (d) **Budget; administration of order—** The [Honey Board](/usc/7/4602.md?p=8) shall prepare and submit to the [Secretary](/usc/7/4602.md?p=22), for the [Secretary](/usc/7/4602.md?p=22)’s approval, a budget (on a fiscal period basis) of its anticipated expenses and disbursements in the administration of the order, including probable costs of [research](/usc/7/4602.md?p=21), [promotion](/usc/7/4602.md?p=18), and consumer information.
- (e) **Assessment; collection; rates; exemption; effect of exemption on referendum voting status—**
  - (1) **In general.—** The [Honey Board](/usc/7/4602.md?p=8) shall administer collection of the assessment provided for in this subsection, and may accept voluntary contributions from other sources, to finance the expenses described in subsections [(d)](#d) and [(f)](#f).
  - (2) **Rate.—** Except as provided in [paragraph (3)](#e-3), the assessment rate shall be $0.01 per pound (payable in the manner described in [section 4608 of this title](/usc/7/4608.md)), with—
    - (A) in the case of [honey](/usc/7/4602.md?p=7) produced in the United States, $0.01 per pound payable by [honey](/usc/7/4602.md?p=7) [producers](/usc/7/4602.md?p=16); and
    - (B) in the case of [honey](/usc/7/4602.md?p=7) or [honey products](/usc/7/4602.md?p=10) imported into the United States, $0.01 per pound payable by [honey](/usc/7/4602.md?p=7) [importers](/usc/7/4602.md?p=11).
  - (3) **Alternative rate approved in referendum.—** If approved in a referendum conducted under this chapter, the assessment rate shall be $0.015 per pound (payable in the manner described in [section 4608 of this title](/usc/7/4608.md))—
    - (A) in the case of [honey](/usc/7/4602.md?p=7) produced in the United States—
      - (i) $0.0075 per pound payable by—
        - (I) [honey](/usc/7/4602.md?p=7) [producers](/usc/7/4602.md?p=16); and
        - (II) [producer-packers](/usc/7/4602.md?p=17) on all [honey](/usc/7/4602.md?p=7) produced by the [producer-packers](/usc/7/4602.md?p=17); and
      - (ii) $0.0075 per pound payable by—
        - (I) [handlers](/usc/7/4602.md?p=6); and
        - (II) [producer-packers](/usc/7/4602.md?p=17) on all [honey](/usc/7/4602.md?p=7) and [honey products](/usc/7/4602.md?p=10) handled by the [producer-packers](/usc/7/4602.md?p=17), including [honey](/usc/7/4602.md?p=7) produced by the [producer-packers](/usc/7/4602.md?p=17)); and
    - (B) in the case of [honey](/usc/7/4602.md?p=7) and [honey products](/usc/7/4602.md?p=10) imported into the United States, $0.015 per pound payable by [honey](/usc/7/4602.md?p=7) [importers](/usc/7/4602.md?p=11), of which $0.0075 per pound represents the assessment due from the [handler](/usc/7/4602.md?p=6) to be paid by the [importer](/usc/7/4602.md?p=11) on behalf of the [handler](/usc/7/4602.md?p=6).
  - (4)
    - (A) [Honey](/usc/7/4602.md?p=7) that is consumed at home by the [producer](/usc/7/4602.md?p=16) or [importer](/usc/7/4602.md?p=11) or donated by the [producer](/usc/7/4602.md?p=16) or [importer](/usc/7/4602.md?p=11) to a nonprofit, government, or other entity, as determined appropriate by the [Secretary](/usc/7/4602.md?p=22), rather than sold shall be exempt from assessment under the order, except that donated [honey](/usc/7/4602.md?p=7) that later is sold in a commercial outlet by a donee or a donee’s assignee shall be subject to assessment on such sale.
    - (B) **Small quantities.—**
      - (i) **In general.—** A [producer](/usc/7/4602.md?p=16), [producer-packer](/usc/7/4602.md?p=17), [handler](/usc/7/4602.md?p=6), or [importer](/usc/7/4602.md?p=11) that produces, imports, or [handles](/usc/7/4602.md?p=5-A) during a year less than 6,000 pounds of [honey](/usc/7/4602.md?p=7) or [honey products](/usc/7/4602.md?p=10) shall be exempt in that year from payment of an assessment on [honey](/usc/7/4602.md?p=7) or [honey products](/usc/7/4602.md?p=10) that the [person](/usc/7/4602.md?p=15) distributes directly through local retail outlets, as determined by the [Secretary](/usc/7/4602.md?p=22), during that year.
      - (ii) **Inapplicability.—** If a [person](/usc/7/4602.md?p=15) no longer meets the requirements of [clause (i)](#e-4-B-i) for an exemption, the [person](/usc/7/4602.md?p=15) shall—
        - (I) file a report with the [Honey Board](/usc/7/4602.md?p=8) in the form and manner prescribed by the [Honey Board](/usc/7/4602.md?p=8); and
        - (II) pay an assessment on or before March 15 of the subsequent year on all [honey](/usc/7/4602.md?p=7) or [honey products](/usc/7/4602.md?p=10) produced, imported, or handled by the [person](/usc/7/4602.md?p=15) during the year in which the [person](/usc/7/4602.md?p=15) no longer meets the requirements of [clause (i)](#e-4-B-i) for an exemption.
  - (5) If a [producer](/usc/7/4602.md?p=16), [producer-packer](/usc/7/4602.md?p=17) [handler](/usc/7/4602.md?p=6),,[^2] or [importer](/usc/7/4602.md?p=11) does not pay any assessments under this chapter due to the applicability to such [person](/usc/7/4602.md?p=15) of the exemptions from assessments provided in [paragraph (4)](#e-4), then such [producer](/usc/7/4602.md?p=16), [producer-packer](/usc/7/4602.md?p=17) [handler](/usc/7/4602.md?p=6),,[^2] or [importer](/usc/7/4602.md?p=11) shall not be considered a [producer](/usc/7/4602.md?p=16), [handler](/usc/7/4602.md?p=6), or [importer](/usc/7/4602.md?p=11) for purposes of voting in any referendum conducted under this chapter during the period the [person](/usc/7/4602.md?p=15)’s exemption from all assessments is in effect.
- (f) **Funds—**
  - (1) **Use—** Funds collected by the [Honey Board](/usc/7/4602.md?p=8) shall be used by the [Honey Board](/usc/7/4602.md?p=8) for financing [research](/usc/7/4602.md?p=21), [promotion](/usc/7/4602.md?p=18), and consumer information, other expenses as described in [subsection (d)](#d), such other expenses for the administration, maintenance, and functioning of the [Honey Board](/usc/7/4602.md?p=8) as may be authorized by the [Secretary](/usc/7/4602.md?p=22), any reserve established under [section 4607(5) of this title](/usc/7/4607.md), and those administrative costs incurred by the [Department](/usc/7/4602.md?p=3) of Agriculture pursuant to this chapter after an order has been promulgated under this chapter.
  - (2) **Research projects—**
    - (A) **In general—** If approved in a referendum conducted under this chapter, the [Honey Board](/usc/7/4602.md?p=8) shall reserve at least 8 percent of all assessments collected during a year for expenditure on approved [research](/usc/7/4602.md?p=21) projects designed to advance the cost effectiveness, competitiveness, efficiency, pest and disease control, and other management aspects of beekeeping, [honey production](/usc/7/4602.md?p=9), and [honey](/usc/7/4602.md?p=7) bees.
    - (B) **Carryover—** If all funds reserved under [subparagraph (A)](#f-2-A) are not allocated to approved [research](/usc/7/4602.md?p=21) projects in a year, any reserved funds remaining unallocated shall be carried forward for allocation and expenditure under [subparagraph (A)](#f-2-A) in subsequent years.
  - (3) **Reimbursement—** The [Secretary](/usc/7/4602.md?p=22) shall be reimbursed from assessments collected by the [Honey Board](/usc/7/4602.md?p=8) for any expenses incurred for the conduct of referenda.
- (g) **False or unwarranted claims or statements—** No [promotion](/usc/7/4602.md?p=18) funded by the [Honey Board](/usc/7/4602.md?p=8) under this chapter may make any false or unwarranted claims on behalf of [honey](/usc/7/4602.md?p=7) or its products or false or unwarranted statements with respect to the attributes or use of any competing product.
- (h) **Influencing governmental policy or action—** No funds collected by the [Honey Board](/usc/7/4602.md?p=8) under this chapter may, in any manner, be used for the purpose of influencing governmental policy or action, except for making recommendations to the [Secretary](/usc/7/4602.md?p=22) as provided for in this chapter.
- (i) **Plans or projects; contracts—** The [Honey Board](/usc/7/4602.md?p=8) shall develop and submit to the [Secretary](/usc/7/4602.md?p=22), for approval, plans for [research](/usc/7/4602.md?p=21), [promotion](/usc/7/4602.md?p=18), and consumer information. Any such plans or projects must be approved by the [Secretary](/usc/7/4602.md?p=22) before becoming effective. The [Honey Board](/usc/7/4602.md?p=8) may enter into contracts or agreements with the approval of the [Secretary](/usc/7/4602.md?p=22) for the development and carrying out of [research](/usc/7/4602.md?p=21), [promotion](/usc/7/4602.md?p=18), and consumer information, and for the payment of the cost thereof with funds collected pursuant to this chapter.
- (j) **Books and records; reports—** The [Honey Board](/usc/7/4602.md?p=8) shall maintain books and records and prepare and submit to the [Secretary](/usc/7/4602.md?p=22) such reports from time to time as may be required for appropriate accounting with respect to the receipt and disbursement of funds entrusted to it and cause a complete audit report to be submitted to the [Secretary](/usc/7/4602.md?p=22) at the end of each fiscal year.
- (k) **Honey Board; property interests—** Any patent on any product, copyright on any material, or any invention, product formulation or publication developed through the use of funds collected by the [Honey Board](/usc/7/4602.md?p=8) shall be the property of the [Honey Board](/usc/7/4602.md?p=8). The funds generated from any such patent, copyright, invention, product formulation, or publication shall inure to the benefit of the [Honey Board](/usc/7/4602.md?p=8).

## Footnotes

[^1]: So in original.
[^2]: So in original.

## Source credit

(Pub. L. 98–590, § 7, Oct. 30, 1984, 98 Stat. 3117; Pub. L. 101–624, title XIX, §§ 1983, 1984(a), Nov. 28, 1990, 104 Stat. 3905; Pub. L. 105–185, title VI, § 605(f), June 23, 1998, 112 Stat. 590; Pub. L. 105–277, div. A, § 101(a) [title VII, § 753(b)], Oct. 21, 1998, 112 Stat. 2681, 2681–33; Pub. L. 110–234, title X, § 10401, May 22, 2008, 122 Stat. 1348; Pub. L. 110–246, § 4(a), title X, § 10401, June 18, 2008, 122 Stat. 1664, 2109.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of this paragraph, referred to in subsec. (c)(12), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

### Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

### Amendments

2008—Subsec. (c)(12). Pub. L. 110–246, § 10401, added par. (12).

1998—Subsec. (b)(2). Pub. L. 105–185, § 605(f)(1)(A), substituted “except that the term of appointments to the Committee may be staggered periodically, as determined by the Secretary” for “except that the initial appointments to the Committee shall be staggered with an equal number of members appointed, to the maximum extent possible, to one-year, two-year, and three-year terms”.

Subsec. (b)(5). Pub. L. 105–185, § 605(f)(1)(B), struck out “after the first annual meeting” after “except that” in second sentence and substituted “percent” for “per centum” in third sentence.

Subsec. (c)(2)(A). Pub. L. 105–185, § 605(f)(2)(B)(i), substituted “7 members” for “seven members”.

Subsec. (c)(2)(B) to (E). Pub. L. 105–185, § 605(f)(2)(B)(ii), added subpars. (B) to (E) and struck out former subpars. (B) to (E) and concluding provisions which read as follows:

“(B) two members who are handlers of honey appointed from nominations submitted by the Committee from recommendations made by industry organizations representing handler interests;

“(C) two members who are either importers or exporters, of which at least one shall be an importer, appointed from nominations submitted by the Committee from recommendations by industry organizations representing importer and exporter interests;

“(D) one member who is an officer or employee of a honey marketing cooperative appointed from nominations submitted by the Committee; and

“(E) one member selected by the Secretary from the general public.

The Committee shall also submit nominations for an alternate for each member of the Honey Board described in subparagraphs (A) through (D), and the Secretary shall appoint an alternate for the member described in subparagraph (E). Such alternates shall be appointed in the same manner as members are and shall serve only whenever the member is absent from a meeting or is disqualified. However, no producer-packer who, during any three of the preceding five years, purchased for resale more honey than such producer-packer produced shall be eligible for nomination or appointment to the Honey Board as a producer described in subparagraph (A) or as an alternate to such producer.”

Subsec. (c)(3) to (7). Pub. L. 105–185, § 605(f)(2)(A), (C), added pars. (3) to (7) and redesignated former pars. (3) to (6) as (8) to (11), respectively.

Subsec. (c)(8). Pub. L. 105–185, § 605(f)(2)(A), (D), redesignated par. (3) as (8) and substituted “except that appointments to the Honey Board may be staggered periodically, as determined by the Secretary, to maintain continuity of the Honey Board with respect to all members and with respect to members representing particular groups.” for “except that the initial appointments to the Honey Board shall be staggered with an equal number of members appointed, to the maximum extent possible, to one-year, two-year, and three-year terms”.

Subsec. (c)(9) to (11). Pub. L. 105–185, § 605(f)(2)(A), redesignated pars. (4) to (6) as (9) to (11), respectively.

Subsec. (e)(1). Pub. L. 105–185, § 605(f)(3)(B), added par. (1) and struck out former par. (1) which read as follows: “The Honey Board shall administer collection of the assessment provided for in this paragraph to finance the expenses described in subsections (d) and (f) of this section. The assessment rate shall be $0.01 per pound, with payment to be made in the manner described in section 4608 of this title.”

Subsec. (e)(2). Pub. L. 105–277 substituted “$0.01” for “$0.0075” wherever appearing.

Pub. L. 105–185, § 605(f)(3)(A), (B), added par. (2) and redesignated former par. (2) as (4).

Subsec. (e)(3). Pub. L. 105–185, § 605(f)(3)(A), (B), added par. (3) and redesignated former par. (3) as (5).

Subsec. (e)(4). Pub. L. 105–185, § 605(f)(3)(A), redesignated par. (2) as (4).

Subsec. (e)(4)(B). Pub. L. 105–185, § 605(f)(3)(C), added subpar. (B) and struck out former subpar. (B) which read as follows:

“(B)(i) A producer, producer-packer, or importer who produces or imports during any year less than 6,000 pounds of honey shall be eligible for an exemption in such year from paying an assessment on honey such person distributes directly through local retail outlets, as determined by the Secretary, during such year.

“(ii) In order to claim an exemption under this subparagraph, a person shall submit an application to the Honey Board stating the basis on which the person claims the exemption for such year.

“(iii) If, after a person claims an exemption from assessments for any year under this subparagraph, such person no longer meets the requirements of this subparagraph for an exemption, such person shall file a report with the Honey Board in the form and manner prescribed by the Board and pay an assessment on or before March 15 of the subsequent year on all honey produced or imported by such person during the year for which the person claimed the exemption.”

Subsec. (e)(5). Pub. L. 105–185, § 605(f)(3)(A), (D), redesignated par. (3) as (5), inserted “handler,” after “producer-packer” in two places, substituted “paragraph (4)” for “paragraph (2)”, and inserted “, handler,” after “considered a producer”.

Subsec. (f). Pub. L. 105–185, § 605(f)(4), inserted heading, designated first sentence as par. (1), inserted par. heading, struck out “from the assessments” before “shall be used”, added par. (2), designated second sentence as par. (3), and added par. heading.

Subsec. (g). Pub. L. 105–185, § 605(f)(5), substituted “by the Honey Board” for “with assessments collected”.

Subsec. (h). Pub. L. 105–185, § 605(f)(6), substituted “by the Honey Board under” for “through assessments authorized by”.

1990—Subsec. (c)(2). Pub. L. 101–624, § 1983(1)(B), (C), in concluding provisions, substituted “submit nominations for an alternate” for “nominate an alternate or alternates” and inserted at end “However, no producer-packer who, during any three of the preceding five years, purchased for resale more honey than such producer-packer produced shall be eligible for nomination or appointment to the Honey Board as a producer described in subparagraph (A) or as an alternate to such producer.”

Subsec. (c)(2)(C). Pub. L. 101–624, § 1983(1)(A), added subpar. (C) and struck out former subpar. (C) which read as follows: “two members who are importers appointed from nominations submitted by the Committee from recommendations made by industry organizations representing importer interests;”.

Subsec. (c)(4). Pub. L. 101–624, § 1983(1)(D), inserted before period at end “, except that if, as a result of the adjustment of the boundaries of the regions established under paragraph (2)(A), a producer member or alternate is no longer from the region from which such person was appointed, such member or alternate may serve out the term for which such person was appointed”.

Subsec. (e)(1). Pub. L. 101–624, § 1984(a)(1), substituted new second sentence for “For the first year in which the plan is in effect, the assessment rate shall be $0.01 per pound, with payment to be made in the manner described in section 4608 of this title. After the first year, the Honey Board may submit to the Secretary a request for an increase in the assessment rate not to exceed 0.5 cent per year, but at no time may the total assessment rate exceed $0.04 per pound.”

Subsec. (e)(2), (3). Pub. L. 101–624, § 1984(a)(2), added pars. (2) and (3) and struck out former par. (2) which read as follows: “A producer or producer-packer who produces, or handles, or produces and handles less than six thousand pounds of honey per year or an importer who imports less than six thousand pounds of honey per year shall be exempt from the assessment. In order to claim such an exemption, a person shall submit an application to the Honey Board stating that their production, handling, or importation of honey shall not exceed six thousand pounds for the year for which the exemption is claimed.”

Subsec. (k). Pub. L. 101–624, § 1983(2), added subsec. (k).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

### Effective Date of 1998 Amendment

Amendment by Pub. L. 105–277 effective June 23, 1998, see section 101(a) [title VII, § 753(f)] of Pub. L. 105–277, set out as a note under section 343 of this title.