In general
7 U.S.C. 1421Not later than , the Secretary of Agriculture (referred to in this section as the “Secretary”) shall conduct referenda among producers of each kind of tobacco that is eligible for price support under the Agricultural Act of 1949 ( et seq.) to determine whether such producers favor the mandatory grading of that kind of tobacco by the Secretary.
Mandatory grading
In general
If the Secretary determines that mandatory grading is favored by a majority of the producers of a kind of tobacco voting in the referendum, the Secretary is authorized and directed to ensure that the kind of tobacco is graded at the time of sale effective for the 2002 and subsequent marketing years.
Fees
7 U.S.C. 511To the maximum extent practicable, the Secretary shall establish, collect, and use fees for the grading of tobacco required under this section in the same manner as user fees for the grading of tobacco sold at auction authorized under the Tobacco Inspection Act ( et seq.).
Judicial review
A determination by the Secretary under this section shall not be subject to judicial review.
Pub. L. 107–76, title VII, § 759(a)115 Stat. 741(, , .)
Editorial Notes
References in Text
act Oct. 31, 1949, ch. 79263 Stat. 1051section 1421 of this titleThe Agricultural Act of 1949, referred to in par. (1), is , , which is classified principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
act Aug. 23, 1935, ch. 62349 Stat. 731section 511q of this titleThe Tobacco Inspection Act, referred to in par. (2)(B), is , , which is classified generally to this chapter. For complete classification of this Act to the Code, see and Tables.
Codification
Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002, and not as part of The Tobacco Inspection Act which comprises this chapter.