(1) In generalNot later than March 31, 2002, 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 (7 U.S.C. 1421 et seq.) to determine whether such producers favor the mandatory grading of that kind of tobacco by the Secretary.
(2) Mandatory grading(A) In generalIf 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.
(B) FeesTo 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 (7 U.S.C. 511 et seq.).
(3) Judicial reviewA determination by the Secretary under this section shall not be subject to judicial review.
Structure US Code
CHAPTER 21A— TOBACCO INSPECTION
§ 511a. Declaration of purpose
§ 511b. Official standards for classification; tentative standards; modification
§ 511c. Demonstration of official standards; samples; cost
§ 511d. Designation of markets; manner; inspection and related services; fees and charges
§ 511e. Sampling and weighing; cost; disposition of moneys received; expenses; purpose
§ 511f. Reinspection and appeal inspection; certificate as evidence
§ 511g. Placing of grade on warehouse tickets, etc.; form
§ 511h. Publication of information relating to tobacco
§ 511j. Publication of violations
§ 511k. Penalty for violations
§ 511l. Act of agent as that of principal
§ 511m. Regulation; hearings; employees; expenditures; authorization of appropriations
§ 511n. Hearings; examination of witnesses; refusal to testify or produce evidence