cfr_sections
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72 rows where part_number = 1212 and title_number = 7 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:10.1.1.1.7.1.123.1 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.1 Act. | AMS | “Act” means the Commodity Promotion, Research, and Information Act of 1996, (7 U.S.C. 7411-7425), and any amendments to that Act. | |||||
| 7:7:10.1.1.1.7.1.123.10 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.10 Honey products. | AMS | “Honey products” mean products where honey is a principal ingredient. For purposes of this subpart, a product shall be considered to have honey as a principal ingredient if the product contains at least 50% honey by weight. | |||||
| 7:7:10.1.1.1.7.1.123.11 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.11 Importer. | AMS | “Importer” means any person who imports for sale honey or honey products into the United States as a principal or as an agent, broker, or consignee of any person who produces honey or honey products outside the United States for sale in the United States, and who is listed in the import records as the importer of record for such honey or honey products. | |||||
| 7:7:10.1.1.1.7.1.123.12 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.12 [Reserved] | AMS | ||||||
| 7:7:10.1.1.1.7.1.123.13 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.13 Information. | AMS | “Information” means activities or programs designed to develop new and existing markets, new and existing marketing strategies and increased efficiency and activities to enhance the image of honey and honey products. These include: (a) Consumer education, which means any action taken to provide information to, and broaden the understanding of, the general public regarding the consumption, use, nutritional attributes, and care of honey and honey products; and (b) Industry information, which means information and programs that will lead to the development of new markets, new marketing strategies, or increased efficiency for the honey industry, and activities to enhance the image of the honey industry. | |||||
| 7:7:10.1.1.1.7.1.123.14 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.14 Market or marketing. | AMS | (a) “Marketing” means the sale or other disposition of honey or honey products in any channel of commerce. (b) “Market” means to sell or otherwise dispose of honey or honey products in interstate, foreign, or intrastate commerce. | |||||
| 7:7:10.1.1.1.7.1.123.15 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.15 Order. | AMS | “Order” means the Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order. | |||||
| 7:7:10.1.1.1.7.1.123.16 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.16 Part and subpart. | AMS | “Part” means the Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order (Order) and all rules, regulations, and supplemental orders issued pursuant to the Act and the Order. The Order shall be a “subpart” of such part. | |||||
| 7:7:10.1.1.1.7.1.123.17 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.17 Person. | AMS | “Person” means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. | |||||
| 7:7:10.1.1.1.7.1.123.18 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.18 Plans and programs. | AMS | “Plans and programs” mean those research, promotion and information programs, plans, or projects established pursuant to this Order. | |||||
| 7:7:10.1.1.1.7.1.123.19 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.19 Producer. | AMS | “Producer” means any person who is engaged in the production and sale of honey in any State and who owns, or shares the ownership and risk of loss of the production of honey or a person who is engaged in the business of producing, or causing to be produced, honey beyond personal use and having value at first point of sale. | |||||
| 7:7:10.1.1.1.7.1.123.2 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.2 Board. | AMS | [84 FR 1345, Feb. 4, 2019] | “Board” or “National Honey Board” means the administrative body established pursuant to § 1212.40, or such other name as recommended by the Board and approved by the Department. | ||||
| 7:7:10.1.1.1.7.1.123.20 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.20 Promotion. | AMS | “Promotion” means any action, including paid advertising and public relations that presents a favorable image for honey or honey products to the public and food industry with the intent of improving the perception and competitive position of honey and stimulating sales of honey or honey products. | |||||
| 7:7:10.1.1.1.7.1.123.21 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.21 Qualified national organization representing first handler interests. | AMS | “Qualified national organization representing first handler interests” means an organization that the Secretary certifies as being eligible to nominate first handler and alternate first handler members of the Board under § 1212.42. | |||||
| 7:7:10.1.1.1.7.1.123.22 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.22 Qualified national organization representing importer interests. | AMS | [84 FR 1345, Feb. 4, 2019] | “Qualified national organization representing importer interests” means an organization that the Secretary certifies as being eligible to nominate importer and alternate importer members of the Board under § 1212.42. | ||||
| 7:7:10.1.1.1.7.1.123.23 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.23 Qualified national organization representing producer interests. | AMS | “Qualified national organization representing producer interests” means an organization that the Secretary certifies as being eligible to nominate producer and alternate producer members of the Board under § 1212.42. | |||||
| 7:7:10.1.1.1.7.1.123.24 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.24 Qualified national organization representing cooperative interests. | AMS | “Qualified national organization representing cooperative interests” means an organization that the Secretary certifies as being eligible to nominate cooperative and alternate cooperative members of the Board under § 1212.42. | |||||
| 7:7:10.1.1.1.7.1.123.25 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.25 Referendum. | AMS | “Referendum” means a referendum to be conducted by the Secretary pursuant to the Act whereby first handlers and importers shall be given the opportunity to vote to determine whether the implementation of or continuance of this part is favored by a majority of eligible persons voting in the referendum and a majority of volume voted in the referendum. | |||||
| 7:7:10.1.1.1.7.1.123.26 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.26 Research. | AMS | “Research” means any type of test, study, or analysis designed to advance the image, desirability, use, marketability, production, product development, or quality of honey and honey products, including research relating to nutritional value, cost of production, new product development, testing the effectiveness of market development and promotion efforts. Such term shall also include studies on bees to advance the cost effectiveness, competitiveness, efficiency, pest and disease control, and other management aspects of beekeeping, honey production, and honey bees. | |||||
| 7:7:10.1.1.1.7.1.123.27 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.27 Secretary. | AMS | “Secretary” means the Secretary of Agriculture of the United States, or any other officer or employee of the Department to whom authority the Secretary delegated the authority to act on his or her behalf. | |||||
| 7:7:10.1.1.1.7.1.123.28 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.28 Suspend. | AMS | “Suspend” means to issue a rule under 5 U.S.C. 553 to temporarily prevent the operation of an order or part thereof during a particular period of time specified in the rule. | |||||
| 7:7:10.1.1.1.7.1.123.29 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.29 State. | AMS | “State” means any of the fifty States of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico and the territories and possessions of the United States. | |||||
| 7:7:10.1.1.1.7.1.123.3 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.3 Conflict of interest. | AMS | “Conflict of interest” means a situation in which a member or employee of the Board has a direct or indirect financial interest in a person who performs a service for, or enters into a contract with, the Board for anything of economic value. | |||||
| 7:7:10.1.1.1.7.1.123.30 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.30 Terminate. | AMS | “Terminate” means to issue a rule under 5 U.S.C. 553 to cancel permanently the operation of an order or part thereof beginning on a date certain specified in the rule. | |||||
| 7:7:10.1.1.1.7.1.123.31 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.31 United States. | AMS | “United States” means collectively the 50 States, the District of Columbia, the Commonwealth of Puerto Rico and the territories and possessions of the United States. | |||||
| 7:7:10.1.1.1.7.1.123.32 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.32 United States Customs Service. | AMS | “United States Customs Service” or “Customs” means the United States Customs and Border Protection, an agency of the Department of Homeland Security. | |||||
| 7:7:10.1.1.1.7.1.123.4 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.4 Department. | AMS | “Department” means the United States Department of Agriculture, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in the Secretary's stead. | |||||
| 7:7:10.1.1.1.7.1.123.5 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.5 Exporter. | AMS | “Exporter” means any person who exports honey or honey products from the United States. | |||||
| 7:7:10.1.1.1.7.1.123.6 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.6 First handler. | AMS | “First handler” means the first person who buys or takes possession of honey or honey products from a producer for marketing. If a producer markets honey or honey products directly to consumers, that producer shall be considered to be the first handler with respect to the honey produced by the producer. | |||||
| 7:7:10.1.1.1.7.1.123.7 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.7 Fiscal period. | AMS | “Fiscal period” means a calendar year from January 1 through December 31, or such other period as recommended by the Board and approved by the Secretary. | |||||
| 7:7:10.1.1.1.7.1.123.8 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.8 Handle. | AMS | “Handle” means to process, package, sell, transport, purchase or in any other way place honey or honey products, or causes them to be placed, in commerce. This term includes selling unprocessed honey that will be consumed without further processing or packaging. This term does not include the transportation of unprocessed honey by the producer to a handler or transportation by a commercial carrier of honey, whether processed or unprocessed for the account of the first handler or producer. | |||||
| 7:7:10.1.1.1.7.1.123.9 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.9 Honey. | AMS | “Honey” means the nectar and saccharine exudations of plants that are gathered, modified, and stored in the comb by honeybees, including comb honey. | |||||
| 7:7:10.1.1.1.7.1.124.33 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.40 Establishment and membership. | AMS | [84 FR 1345, Feb. 4, 2019] | The National Honey Board is established to administer the terms and provisions of this part. The Board shall have ten members, composed of three first handler representatives, three importer representatives, three producer representatives, and one marketing cooperative representative. In addition, each producer representative must produce a minimum of 50,000 pounds of honey in the United States annually based on the best three-year average of the most recent five calendar years, as certified by producers. The Secretary will appoint members to the Board from nominees submitted in accordance with § 1212.42. The Secretary shall also appoint an alternate for each member. | ||||
| 7:7:10.1.1.1.7.1.124.34 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.41 Term of office. | AMS | [84 FR 1345, Feb. 4, 2019] | Each Board member and alternate will serve a three-year term or until the Secretary selects his or her successor. No member or alternate may serve more than two consecutive terms. Each term of office will end on December 31, with new terms of office beginning on January 1. | ||||
| 7:7:10.1.1.1.7.1.124.35 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.42 Nominations and appointments. | AMS | [73 FR 29397, May 21, 2008, as amended at 84 FR 1345, Feb. 4, 2019] | All nominations to the Board will be made as follows: (a) All qualified national organizations representing first handler interests will have the opportunity to participate in a nomination caucus and will, to the extent practical, submit as a group a single slate of nominations to the Secretary for the first handler positions and the alternate positions on the Board. If the Secretary determines that there are no qualified national organizations representing first handler interests, individual first handlers who have paid assessments to the Board in the most recent fiscal period may submit nominations. For the initial Board, persons that meet the definition of first handlers as defined in this subpart will certify their qualification and upon certification, if qualified, may submit nominations. (b) All qualified national organizations representing importer interests will have the opportunity to participate in a nomination caucus and will, to the extent practical, submit as a group a single slate of nominations to the Secretary for importer positions and the importer alternate positions on the Board. If the Secretary determines that there are no qualified national organizations representing importer interests, individual importers who have paid assessments to the Board in the most recent fiscal period may submit nominations. (c) All qualified national organizations representing producer interests will have the opportunity to participate in a nomination caucus and will, to the extent practical, submit as a group a single slate of nominations to the Secretary for the producer positions and the producer alternate positions on the Board. If the Secretary determines that there are no qualified national organizations representing producer interests, individual producers may submit nominations to the Secretary. For the initial Board, persons that meet the definition of producer as defined in this subpart will certify such qualification and upon certification, if qualified, may submit nominations. (d) For the purposes … | ||||
| 7:7:10.1.1.1.7.1.124.36 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.43 Removal and vacancies. | AMS | (a) In the event that any member or alternate of the Board ceases to be a member of the category of members from which the member was appointed to the Board, such position shall become vacant. (b) The Board may recommend to the Secretary that a member be removed from office if the member consistently refuses to perform his or her duties or engages in dishonest acts or willful misconduct. The Secretary may remove the member if he or she finds that the Board's recommendation shows adequate cause. (c) A vacancy for any reason will be filled as follows: (1) If a member position becomes vacant, the alternate for that position will serve the remainder of the member's term. In accordance with § 1212.42, the Secretary will request nominations for a replacement alternate and will appoint a nominee to serve the remainder of the term. The Secretary does not have to appoint a replacement if the unexpired term is less than six months. (2) If both a member position and an alternate position become vacant, in accordance with § 1212.42, the Secretary will request nominations for replacements and appoint a member and alternate to serve the remainder of the term. The Secretary does not have to appoint a new member or alternate if the unexpired term for the position is less than six months. (3) No successor appointed to a vacated term of office shall serve more than two successive three-year terms on the Board. | |||||
| 7:7:10.1.1.1.7.1.124.37 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.44 Procedure. | AMS | (a) A majority of the Board members will constitute a quorum so long as at least one of the members present is an importer member and one of the members present is a first handler member. An alternate will be counted for the purpose of determining a quorum only if a member from his or her membership class is absent or disqualified from participating. Any Board action will require the concurring votes of a majority of those present and voting; with the exception of the two-thirds vote requirement in § 1212.52(f). All votes at meetings will be cast in person. The Board must give timely notice of all Board and committee meetings to members and alternates. (b) The Board may take action by any means of communication when, in the opinion of the Board chairperson, an emergency requires that action must be taken before a meeting can be called. Any action taken under this procedure is valid only if: (1) All members and the Secretary are notified and the members are provided the opportunity to vote; (2) Each proposition is explained accurately, fully, and substantially identically to each member; (3) With the exception of the two-thirds vote requirement in § 1212.52(f), a majority of the members vote in favor of the action; and (4) All votes are promptly confirmed in writing and recorded in the Board minutes. | |||||
| 7:7:10.1.1.1.7.1.124.38 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.45 Reimbursement and attendance. | AMS | Board members and alternates, when acting as members, will serve without compensation but will be reimbursed for reasonable travel expenses, as approved by the Board, that they incur when performing Board business. The Board may request that alternates attend any meeting even if their respective members are expected to attend or actually attend the meeting. | |||||
| 7:7:10.1.1.1.7.1.124.39 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.46 Powers. | AMS | The Board shall have the following powers subject to § 1212.80: (a) Administer this subpart in accordance with its terms and provisions of the Act; (b) Require its employees to receive, investigate, and report to the Secretary complaints of violations of this part; (c) Recommend adjustments to the assessments as provided in this part; (d) Recommend to the Secretary amendments to this part; (e) Establish, issue, and administer appropriate programs and enter into contracts or agreements with the approval of the Secretary for promotion, research, and information programs and plans including consumer and industry information, and advertising designed to strengthen the honey industry's position in the marketplace and to maintain, develop, and expand domestic and foreign markets for honey and honey products; and (f) Invest assessments collected and other funds received pursuant to the Order and use earnings from invested assessments to pay for activities carried out pursuant to the Order. | |||||
| 7:7:10.1.1.1.7.1.124.40 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.47 Duties. | AMS | The Board shall have, among other things, the following duties: (a) To meet and organize, and to select from among its members a chairperson and such other officers as may be necessary; to select committees and subcommittees from its membership and other industry representatives; and to develop and recommend such rules, regulations, and by-laws to the Secretary for approval to conduct its business as it may deem advisable; (b) To employ or contract with such persons as it may deem necessary and to determine the compensation and define the duties of each; and to protect the handling of Board funds through fidelity bonds; (c) To prepare and submit to the Secretary for approval 60 days in advance of the beginning of a fiscal period, a budget of anticipated expenses in the administration of this part including the probable costs of all programs and plans and to recommend a rate of assessment with respect thereto. (d) To investigate violations of this part and report the results of such investigations to the Secretary for appropriate action to enforce the provisions of this part. (e) To establish, issue, and administer appropriate programs and enter into contracts or agreements with the approval of the Secretary for promotion, research, and information including consumer and industry information, and advertising designed to strengthen the honey industry's position in the marketplace and to maintain, develop, and expand domestic and foreign markets for honey and honey products. (f) To maintain minutes, books, and records and prepare and submit to the Secretary 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. (g) To periodically prepare and make public and to make available to first handlers, producers, and importers reports of its activities and, at least once each fiscal period, to make public an accounting of funds received and expended. (h) To cause its books to be audited by a certified public accountant at th… | |||||
| 7:7:10.1.1.1.7.1.124.41 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.48 Reapportionment of Board membership. | AMS | At least once in each 5-year period, but not more frequently than once in each 3-year period, the Board shall: (a) Review, based on a three-year average, the geographical distribution in the United States of the production of honey and the quantity or value of the honey and honey products imported into the United States; and (b) If warranted, recommend to the Secretary the reapportionment of the Board membership to reflect changes in the geographical distribution of the production of honey and the quantity or value of the honey and honey products imported into the United States. | |||||
| 7:7:10.1.1.1.7.1.125.42 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.50 Budget and expenses. | AMS | (a) At least 60 days prior to the beginning of each fiscal period, and as may be necessary thereafter; the Board shall prepare and submit to the Department a budget for the fiscal period covering its anticipated expenses and disbursements in administering this subpart. The budget shall allocate five percent (5%) of the Board's anticipated revenue from assessments each fiscal period for production research and research relating to the production of honey. Each such budget shall include: (1) A statement of objectives and strategy for each program, plan, or project; (2) A summary of anticipated revenue, with comparative data or at least one preceding year (except for the initial budget); (3) A summary of proposed expenditures for each program, plan, or project; and (4) Staff and administrative expense breakdowns, with comparative data for at least one preceding year (except for the initial budget). (b) Each budget shall provide adequate funds to defray its proposed expenditures and to provide for a reserve as set forth in this subpart. (c) Subject to this section, any amendment or addition to an approved budget must be approved by the Department, including shifting funds from one program, plan, or project to another. Shifts of funds which do not cause an increase in the Board's approved budget and which are consistent with governing bylaws need not have prior approval by the Department. (d) The Board is authorized to incur such expenses, including provision for a reserve, as the Department finds reasonable and likely to be incurred by the Board for its maintenance and functioning, and to enable it to exercise its powers and perform its duties in accordance with the provisions of this subpart. Such expenses shall be paid from funds received by the Board. (e) With approval of the Department, the Board may borrow money for the payment of administrative expenses, subject to the same fiscal, budget, and audit controls as other funds of the Board. Any funds borrowed by the Board shall be expended only for startup… | |||||
| 7:7:10.1.1.1.7.1.125.43 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.51 Financial statements. | AMS | (a) The Board shall prepare and submit financial statements to the Department on a periodic basis. Each such financial statement shall include, but not be limited to, a balance sheet, income statement, and expense budget. The expense budget shall show expenditures during the time period covered by the report, year-to-date expenditures, and the unexpended budget. (b) Each financial statement shall be submitted to the Department within 30 days after the end of the time period to which it applies. (c) The Board shall submit annually to the Department an annual financial statement within 90 days after the end of the calendar year to which it applies. | |||||
| 7:7:10.1.1.1.7.1.125.44 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.52 Assessments. | AMS | [73 FR 11472, Mar. 3, 2008, as amended at 80 FR 22365, Apr. 22, 2015] | (a) The Board will cover its expenses by levying in a manner prescribed by the Secretary an assessment on first handlers and importers. For the period January 1 through December 31, 2015, the assessment rate shall be $0.0125 per pound of assessable honey and honey products. On and after January 1, 2016, the assessment rate shall be $0.015 per pound of assessable honey and honey products. (b) Each first handler shall pay the assessment to the Board on all domestically produced honey or honey products the first handler handles. A producer shall pay the Board the assessment on all honey or honey products for which the producer is the first handler. (c) Each first handler responsible for remitting assessments shall remit the amounts due to the Board's office on a monthly basis no later than the fifteenth day of the month following the month in which the honey or honey products were marketed. (d) Each importer shall pay an assessment to the Board on all honey or honey products the importer imports into the United States. An importer shall pay the assessment to the Board through the United States Customs and Border Protection (Customs) when the honey or honey products being assessed enters the United States. If Customs does not collect an assessment from an importer, the importer is responsible for paying the assessment to the Board. (e) The import assessment recommended by the Board and approved by the Secretary shall be uniformly applied to imported honey or honey products that are identified as HTS heading numbers 0409.00.00 and 2106.90.9988 by the Harmonized Tariff Schedule of the United States or any other numbers used to identify honey or honey products. (f) The Board may recommend to the Secretary an increase or decrease in the assessment as it deems appropriate by at least a two-thirds vote of members present at a meeting of the Board. The Board may not recommend an increase in the assessment of more than $0.02 per pound of honey or honey products and may not increase the assessment by more than $0.0025 in… | ||||
| 7:7:10.1.1.1.7.1.125.45 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.53 Exemption from assessment. | AMS | [73 FR 11472, Mar. 3, 2008, as amended at 80 FR 22366, Apr. 22, 2015; 80 FR 82027, Dec. 31, 2015] | (a) A first handler who handles less than 250,000 pounds of honey or honey products per calendar year or an importer who imports less than 250,000 pounds of honey or honey products per calendar year is exempt from paying assessments. (b) A first handler or importer desiring an exemption shall apply to the Board, on a form provided by the Board, for a certificate of exemption. A first handler shall certify that the first handler will handle less than 250,000 of honey and honey products for the calendar year for which the exemption is claimed. An importer shall certify that the importer will import less than 250,000 pounds of honey and honey products during the calendar year for which the exemption is claimed. (c) A first handler or importer who operates under an approved National Organic Program (7 CFR part 205) (NOP) organic handling system plan may be exempt from the payment of assessments under this part, provided that: (1) Only agricultural products certified as “organic” or “100 percent organic” (as defined in the NOP), or certified as “organic” or “100 percent organic” under a U.S. equivalency arrangement established under the NOP, are eligible for exemption; (2) The exemption shall apply to all certified “organic” or “100 percent organic” (as defined in the NOP) products of a first handler or importer regardless of whether the agricultural commodity subject to the exemption is handled or imported by a person that also handles or imports conventional or nonorganic agricultural products of the same agricultural commodity as that for which the exemption is claimed; (3) The first handler or importer maintains a valid certificate of organic operation as issued under the Organic Foods Production Act of 1990 (7 U.S.C. 6501-6522) (OFPA) and the NOP regulations issued under OFPA (7 CFR part 205); and (4) Any first handler or importer so exempted shall continue to be obligated to pay assessments under this part that are associated with any agricultural products that do not qualify for an exemption under this se… | ||||
| 7:7:10.1.1.1.7.1.125.46 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.54 Operating reserve. | AMS | The Board may establish an operating monetary reserve and may carry over to subsequent fiscal periods excess funds in any reserve so established: Provided that the funds in the reserve do not exceed one fiscal period's budget. Subject to approval by the Department, such reserve funds may be used to defray any expenses authorized under this part. | |||||
| 7:7:10.1.1.1.7.1.125.47 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.55 Prohibition on use of funds. | AMS | (a) The Board may not engage in, and shall prohibit the employees and agents of the Board from engaging in: (1) Any action that is a conflict of interest; (2) Except as otherwise provided in paragraph (b) of this section, using funds collected by the Board under the Order to undertake any action for the purpose of influencing legislation or governmental action or policy, by local, state, national, and foreign governments, other than recommending to the Secretary amendments to the Order. (3) A program, plan or project conducted pursuant to this subpart that includes false or misleading claims on behalf of honey or honey products. (4) Any advertising, including promotion, research and information activities authorized that may be false or misleading or disparaging to another agricultural commodity. (b) The prohibition in paragraph (a)(2) of this section shall not apply: (1) To the development and recommendation of amendments to this subpart; or (2) To the communication to appropriate government officials, in response to a request made by the officials, of information relating to the conduct, implementation, or results of promotion, research, consumer information, education, industry information, or producer information activities authorized under this subpart. | |||||
| 7:7:10.1.1.1.7.1.126.48 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.60 Programs, plans and projects. | AMS | (a) Scope of activities. The Board must develop and submit to the Secretary for approval plans and programs authorized by this section. The plans and programs may provide for: (1) Establishing, issuing, and administering appropriate programs for promotion, research, and information including consumer and industry information, and advertising designed to strengthen the honey industry's position in the marketplace and to maintain, develop, and expand domestic and foreign markets for honey and honey products; (2) Establishing and conducting research and development activities to encourage and expand the acquisition of knowledge about honey and honey products, their consumption and use, or to encourage, expand or improve the quality, marketing, and utilization of honey and honey products; (3) Conducting activities that may lead to developing new markets or marketing strategies for honey and honey products; (4) Conducting activities related to production issues or bee research activities; and (5) Conducting activities designed to make the honey industry more efficient, to improve the quality of honey or to enhance the image of honey and honey products and the honey industry. (b) No program, plan, or project shall be implemented prior to its approval by the Department. Once a program, plan, or project is so approved, the Board shall take appropriate steps to implement it. (c) The Board must periodically evaluate each plan and program authorized under this part to ensure that it contributes to an effective and coordinated program of research, promotion and information. The Board must submit the evaluations to the Secretary. If the Board and the Secretary find that a plan or program does not further the purposes of the Act, then such plan or program should be terminated. | |||||
| 7:7:10.1.1.1.7.1.126.49 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.61 Independent evaluation. | AMS | The Board must authorize and fund not less than once every five years an independent evaluation of the effectiveness of this subpart and the plans and programs conducted by the Board under the Act. The Board must submit this independent evaluation to the Secretary and make the results available to the public. | |||||
| 7:7:10.1.1.1.7.1.126.50 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.62 Patents, copyrights, inventions, product formulations, and publications. | AMS | Except for a reasonable royalty paid by the Board to the inventor of a patented invention, any patents, copyrights, inventions, product formulations, or publications developed through the use of funds collected under the provisions of this subpart shall be the property of the U.S. Government, as represented by the Board, and shall along with any rents, royalties, residual payments, or other income from the rental, sales, leasing, franchising, or other uses of such patents, copyrights, trademarks, information, publications, or product formulations, inure to the benefit of the Board; shall be considered income subject to the same fiscal, budget, and audit controls as other funds of the Board; and may be licensed subject to approval by the Department. Upon termination of this Order, § 1212.83 shall apply to determine disposition of all such property. | |||||
| 7:7:10.1.1.1.7.1.127.51 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.70 Reports. | AMS | (a) Each first handler or importer subject to this part must report to the Board, at the time and in the manner it prescribes, and subject to the approval of the Secretary, the information the Board deems necessary to perform its duties. (b) First handlers must report: (1) The total quantity of honey and honey products acquired during the reporting period; (2) The total quantity of honey and honey products handled during the period; (3) The quantity of honey processed for sale from the first handler's own production; (4) The quantity of honey and honey products purchased from a first handler or importer responsible for paying the assessment due pursuant to this Order; (5) The date that assessment payments were made on honey and honey products handled; and (6) The first handler's tax identification number. (c) Unless provided by Customs, importers must report: (1) The total quantity of honey and honey products imported during the reporting period; (2) A record of each lot of honey or honey products imported during such period, including the quantity, date, country of origin, and port of entry; and (3) The importer of record's tax identification number. (d) The Board may request any other information from first handlers and importers that it deems necessary to perform its duties under this subpart, subject to the approval of the Secretary. (e) The Board, with the Secretary's approval, may request that persons claiming an exemption from assessments under § 1212.52(b) or (d) must provide it with any information it deems necessary about the exemption, including, without limitation, the disposition of exempted honey or honey products. | |||||
| 7:7:10.1.1.1.7.1.127.52 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.71 Book and records. | AMS | [80 FR 22366, Apr. 22, 2015] | Each first handler and importer, including those who are exempt under this subpart, must maintain any books and records necessary to carry out the provisions of this part, and any regulations issued under this part, including the books and records necessary to verify any required reports. Books and records must be made available during normal business hours for inspection by the Board's or Secretary's employees or agents. A first handler or importer must maintain the books and records for three years beyond the fiscal period to which they apply. | ||||
| 7:7:10.1.1.1.7.1.127.53 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.72 Confidential treatment. | AMS | All information obtained from books, records, or reports under the Act and this part shall be kept confidential by all persons, including all employees and former employees of the Board, all officers and employees and former officers and employees of contracting and subcontracting agencies or agreeing parties having access to such information. Such information shall not be available to Board members, first handlers, or importers. Only those persons having a specific need for such information to effectively administer the provisions of this subpart shall have access to such information. Only such information so obtained as the Secretary deems relevant shall be disclosed by them, and then only in a judicial proceeding or administrative hearing brought at the direction, or on the request, of the Secretary, or to which the Secretary or any officer of the United States is a party, and involving this subpart. Nothing in this section shall be deemed to prohibit: (a) The issuance of general statements based upon the reports of the number of persons subject to this subpart or statistical data collected thereof, which statements do not identify the information furnished by any person; and (b) The publication, by direction of the Secretary, of the name of any person who has been adjudged to have violated this part, together with a statement of the particular provisions of this part violated by such person. | |||||
| 7:7:10.1.1.1.7.1.128.54 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.80 Right of the Secretary. | AMS | All fiscal matters, programs or projects, contracts, rules or regulations, reports, or other actions proposed and prepared by the Board shall be submitted to the Secretary for approval. | |||||
| 7:7:10.1.1.1.7.1.128.55 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.81 Referenda. | AMS | (a) After the initial referendum, the Secretary shall conduct subsequent referenda; (1) Every seven years, to determine whether first handlers and importers of honey or honey products favor the continuation, suspension, or termination of the Order. The Order shall continue if it is favored by a majority of first handlers and importers voting in the referendum and a majority of volume voting in the referendum who, during a representative period determined by the Secretary, have been engaged in the handling or importation of honey or honey products; (2) At the request of the Board established in this Order; (3) At the request of ten (10) percent or more of the number of persons eligible to vote under the Order; or (4) Whenever the Department deems that a referendum is necessary. (b) Approval of order. Approval in a referendum shall be established by a majority of eligible persons voting in the referendum and a majority of volume voting in the referendum who are first handlers or importers during the representative period by those voting as established by the Secretary. (c) Manner of conducting referenda. A referendum conducted under this section shall be conducted in the manner determined by the Secretary to be appropriate. | |||||
| 7:7:10.1.1.1.7.1.128.56 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.82 Suspension or termination. | AMS | The Secretary shall suspend or terminate the operation of this part or subpart or any provision thereof, if the Secretary finds that this part or subpart or the provision obstructs or does not tend to effectuate the declared policy of the Act. | |||||
| 7:7:10.1.1.1.7.1.128.57 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.83 Proceedings after termination. | AMS | (a) If this subpart terminates, the Board shall recommend to the Secretary up to five of its members to serve as trustees for the purpose of liquidating the Board's affairs. Such persons, upon designation by the Secretary, will become trustees of any funds and property the Board possesses or controls at that time and any existing claims it has, including, without limitation, claims for any unpaid or undelivered funds or property. (b) The trustees will: (1) Serve until discharged by the Secretary; (2) Carry out the Board's obligations under any contracts or agreements entered into pursuant to the Order; (3) Account from time to time for all receipts and disbursements and deliver all property on hand, together with all the Board's and trustees' books and records to any person the Secretary directs; and (4) Execute at the Secretary's direction any assignments or other instruments necessary or appropriate to vest in any person full title and right to all of the funds, property, and claims owned by the Board or the trustees under this subpart. (c) Any person to whom funds, property, or claims have been transferred or delivered pursuant to the Order will be subject to the same obligations imposed upon Board and the trustees. (d) Any residual funds not required to defray the necessary expenses of liquidation shall be turned over to the Department to be disposed of, to the extent practical, to one or more honey industry organizations in the interest of continuing honey promotion, research, and information programs. | |||||
| 7:7:10.1.1.1.7.1.128.58 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.84 Effect of termination or amendment. | AMS | Unless otherwise expressly provided by the Secretary, terminating or amending this subpart or any regulation issued under it will not: (a) Affect or waive any right, duty, obligation, or liability that arose or may arise in connection with any provision of this part; (b) Release or extinguish any violation of this part; or (c) Affect or impair any rights or remedies of the United States or any person with respect to any violation. | |||||
| 7:7:10.1.1.1.7.1.128.59 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.85 Personal liability. | AMS | No member, alternate member, or employee of the Board may be held personally responsible, either individually or jointly with others, in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as a member, alternate member, or employee, except for acts of dishonesty or willful misconduct. | |||||
| 7:7:10.1.1.1.7.1.128.60 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.86 Separability. | AMS | If any provision of this subpart is declared invalid or the applicability of it to any person or circumstance is held invalid, the validity of the remainder of this subpart, or the applicability of it to other persons or circumstances will not be affected. | |||||
| 7:7:10.1.1.1.7.1.128.61 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.87 Amendments. | AMS | Amendments to this Order may be proposed from time to time by the Board or any interested person affected by the provisions of the Act, including the Department. | |||||
| 7:7:10.1.1.1.7.1.128.62 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.88 OMB control number. | AMS | The control number assigned to the information collection requirements in this part by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, is OMB control number 0505-0001, and OMB control number 0581-[NEW, to be assigned by OMB]. | |||||
| 7:7:10.1.1.1.7.2.129.1 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | B | Subpart B—Referendum Procedures | § 1212.100 General. | AMS | Referenda to determine whether eligible first handlers and importers of honey and honey products favor the issuance, continuance, amendment, suspension, or termination of the Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order shall be conducted in accordance with this subpart. | |||||
| 7:7:10.1.1.1.7.2.129.2 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | B | Subpart B—Referendum Procedures | § 1212.101 Definitions. | AMS | (a) Administrator means the Administrator of the Agricultural Marketing Service, with power to re-delegate, or any officer or employee of the U.S. Department of Agriculture to whom authority has been delegated or may hereafter be delegated to act in the Administrator's stead. (b) Department means the U.S. Department of Agriculture or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in the Secretary's stead. (c) Eligible first handler means any person (excluding a common or contract carrier) who handled 250,000 or more pounds of domestic honey and honey products during the representative period, who first buys or takes possession of honey or honey products from a producer for marketing. If a producer markets the honey directly to consumers, the producer shall be considered the first handler with respect to the honey produced by the producer. (d) Eligible importer means any person who imports 250,000 or more pounds of honey and honey products into the United States as a principal or as an agent, broker, or consignee of any person who produces or handles honey or honey products outside of the United States for sale in the United States, and who is listed as the importer of record for such honey or honey products that are identified in the Harmonized Tariff Schedule of the United States by the numbers 0409.00.00 and 2106.90.9988, during the representative period. Importation occurs when honey or honey products originating outside of the United States are released from custody by the United States Customs and Border Protection, referred to as the U.S. Customs Service, and introduced into the stream of commerce in the United States. Included are persons who hold title to foreign produced honey or honey products immediately upon release by the U.S. Customs Service, as well as any persons who acts on behalf of others, as agents or brokers, to secure the release of honey or honey products from the U.S. Customs Serv… | |||||
| 7:7:10.1.1.1.7.2.129.3 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | B | Subpart B—Referendum Procedures | § 1212.102 Voting. | AMS | (a) Each eligible first handler and eligible importer of honey or honey products shall be entitled to cast only one ballot in the referendum. (b) Proxy voting is not authorized, but an officer or employee of an eligible corporate first handler or importer, or an administrator, executor, or trustee or an eligible entity may cast a ballot on behalf of such entity. Any individual so voting in a referendum shall certify that such individual is an officer or employee of the eligible entity, or an administrator, executive, or trustee of an eligible entity and that such individual has the authority to take such action. Upon request of the referendum agent, the individual shall submit adequate evidence of such authority. (c) All ballots are to be cast by mail, as instructed by the Department. | |||||
| 7:7:10.1.1.1.7.2.129.4 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | B | Subpart B—Referendum Procedures | § 1212.103 Instructions. | AMS | (a) Referenda. The Order shall not become effective unless the Department determines that the Order is consistent with and will effectuate the purposes of the Act; and for initial and subsequent referenda the Order is favored by a majority of eligible persons voting in the referendum and a majority of volume voting in the referendum who, during a representative period determined by the Department, have been engaged in the handling or importation of honey or honey products and are subject to assessments under this Order and excluding those exempt from assessment under the Order. (b) The referendum agent shall conduct the referendum, in the manner provided in this subpart, under the supervision of the Administrator. The Administrator may prescribe additional instructions, not inconsistent with the provisions of this subpart, to govern the procedure to be followed by the referendum agent. Such agent shall: (1) Determine the period during which ballots may be cast. (2) Provide ballots and related material to be used in the referendum. The ballot shall provide for recording essential information, including that needed for ascertaining whether the person voting, or on whose behalf the vote is cast, is an eligible voter. (3) Give reasonable public notice of the referendum: (i) By utilizing available media or public information sources, without incurring advertising expense, to publicize the dates, places, method of voting, eligibility requirements, and other pertinent information. Such sources of publicity may include, but are not limited to, print and radio; and (ii) By such other means as the agent may deem advisable. (4) Mail to eligible first handlers and importers whose names and addresses are known to the referendum agent, the instructions on voting, a ballot, and a summary of the terms and conditions of the proposed Order. No person who claims to be eligible to vote shall be refused a ballot. (5) At the end of the voting period, collect, open, number, and review the ballots and tabulate the results in t… | |||||
| 7:7:10.1.1.1.7.2.129.5 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | B | Subpart B—Referendum Procedures | § 1212.104 Subagents. | AMS | The referendum agent may appoint any individual or individuals necessary or desirable to assist the agent in performing such agent's functions of this subpart. Each individual so appointed may be authorized by the agent to perform any or all of the functions which, in the absence of such appointment, shall be performed by the agent. | |||||
| 7:7:10.1.1.1.7.2.129.6 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | B | Subpart B—Referendum Procedures | § 1212.105 Ballots. | AMS | The referendum agent and subagents shall accept all ballots cast. However, if an agent or subagent deems that a ballot should be challenged for any reason, the agent or subagent shall endorse above their signature, on the ballot, a statement to the effect that such ballot was challenged, by whom challenged, the reasons therefore, the results of any investigations made with respect thereto, and the disposition thereof. Ballots invalid under this subpart shall not be counted. | |||||
| 7:7:10.1.1.1.7.2.129.7 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | B | Subpart B—Referendum Procedures | § 1212.106 Referendum report. | AMS | Except as otherwise directed, the referendum agent shall prepare and submit to the Administrator a report on the results of the referendum, the manner in which it was conducted, the extent and kind of public notice given, and other information pertinent to the analysis of the referendum and its results. | |||||
| 7:7:10.1.1.1.7.2.129.8 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | B | Subpart B—Referendum Procedures | § 1212.107 Confidential information. | AMS | The ballots and other information or reports that reveal, or tend to reveal, the vote of any person covered under the Order and the voter list shall be strictly confidential and shall not be disclosed. | |||||
| 7:7:10.1.1.1.7.2.129.9 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | B | Subpart B—Referendum Procedures | § 1212.108 OMB control number. | AMS | The control number assigned to the information collection requirement in this subpart by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35 is OMB control number 0505-0001, OMB control number 0581-0217, and OMB control number 0581-[NEW, to be assigned by OMB]. | |||||
| 7:7:10.1.1.1.7.3.129.1 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | C | Subpart C—Past Due Assessments | § 1212.520 Late payment and interest charges for past due assessments. | AMS | (a) A late payment charge will be imposed on any first handler or importer who fails to make timely remittance to the Board of the total assessments for which they are liable. The late payment will be imposed on any assessments not received within 30 calendar days of the date when assessments are due. This one-time late payment charge will be 10 percent of the assessments due before interest charges have accrued. (b) In addition to the late payment charge, 2/3 of 1 percent per month (or an annual rate of 8 percent) interest on the outstanding balance, including any late payment and accrued interest, will be added to any accounts for which payment has not been received within 30 calendar days of the date when assessments are due. Interest will continue to accrue monthly until the outstanding balance is paid to the Board. |
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