7 USC 6309 – Administrative provisions
(a) Construction
Except as provided in subsection (b), nothing in this chapter may be construed to—
(1) preempt or supersede any other program relating to soybean promotion, research, consumer information, or industry information organized and operated under the laws of the United States or any State; or
(2) authorize the withholding of any information from Congress.
(b) State laws
(1) Referenda on qualified State soybean boards
To ensure the proper administration of this chapter, no State may conduct a referendum relating to the continuation or termination of a qualified State soybean board or State soybean assessment—
(A) during the period beginning on the date an order is issued under section 6303 of this title and ending 18 months after the referendum on such order is conducted under section 6305(a) of this title; or
(B) if such order is approved under the referendum conducted under section 6305(a) of this title by a majority of producers voting in such State, such State law shall be suspended for an additional 36 months.
(2) Exception
Paragraph (1) shall not be construed to apply to—
(A) a State referendum concerning the approval of modifications to a State soybean promotion program that does not involve termination of the qualified State soybean board or State soybean assessment; and
(B) any State referendum regarding a State soybean promotion program that is originated by soybean producers.
(3) Assessments collected by qualified State soybean boards
To ensure adequate funding of the operations of qualified State soybean boards under this chapter, whenever an order is in effect under this chapter, no State law or regulation that limits the rate of assessment that the qualified State soybean board in that State may collect from producers on soybeans produced in such State, or that has the effect of limiting such rate, may be applied to prohibit such State board from collecting, and expending for authorized purposes, assessments from producers of up to the full amount of the credit authorized for producer contributions to qualified State soybean boards under section 6304(l)(4) of this title.
(c) Amendments to orders
Terms Used In 7 USC 6309
- Board: means the United Soybean Board established under section 6304(b) of this title. See 7 USC 6302
- consumer information: means information that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, and use of soybeans or soybean products. See 7 USC 6302
- industry information: means information and programs that will lead to the development of new markets, new marketing strategies, or increased efficiency for the soybean industry, and activities to enhance the image of the soybean industry. See 7 USC 6302
- order: means an order issued under section 6303 of this title. See 7 USC 6302
- producer: means any person engaged in the growing of soybeans in the United States who owns, or who shares the ownership and risk of loss of, such soybeans. See 7 USC 6302
- promotion: means any action, including paid advertising, technical assistance, and trade servicing activities, to enhance the image or desirability of soybeans or soybean products in domestic and foreign markets, and any activity designed to communicate to consumers, importers, processors, wholesalers, retailers, government officials, or others information relating to the positive attributes of soybeans or soybean products or the benefits of importation, use, or distribution of soybeans and soybean products. See 7 USC 6302
- qualified State soybean board: means a State soybean promotion entity that is authorized by State law. See 7 USC 6302
- research: means any type of study to advance the image, desirability, marketability, production, product development, quality, or functional or nutritional value of soybeans or soybean products, including any research activity designed to identify and analyze barriers to export sales of soybeans and soybean products. See 7 USC 6302
- soybeans: means all varieties of Glycine max or Glycine soya. See 7 USC 6302
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
- United States: consist of the 50 States of the United States of America, the District of Columbia, and the Commonwealth of Puerto Rico. See 7 USC 6302
The provisions of this chapter applicable to orders shall be applicable to amendments to orders.