112 STAT. 592 PUBLIC LAW 105-185—JUNE 23, 1998 members to the Honey Board under subparagraph (A), (B), (C), or (D) of paragraph (2). "(C) SCOPE OF REVIEW.— The review required under subparagraph (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 subpararaph (F), recommendations made under subparagraph (B)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 or honey products, determined pursuant to the review that is conducted under subparagraph (A); and "(II) whether any change in the average annual assessments is from the assessments owed by importers described in paragraph (5)(B) or from the assessments owed by handler-importers described in paragraph (2)(C). "(ii) PROPORTIONS.— The Honey Board shall recommend a reallocation or addition of members pursuant to clause (ii) or (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): "(I) The proportion of assessments owed by handler-importers described in paragraph (2)(C) compared with the proportion of assessments owed by importers described in paragraph (2)(D). "(II) The proportion of assessments owed by importers compared with the proportion of assessments owed on domestic honey by producers and handlers. "(E) TIMING OF REVIEW.— "(i) IN GENERAL. —The Honey Board shall conduct the reviews required under this paragraph not more than once during each 5-year period. "(ii) INITIAL REVIEW.—The Honey Board shall conduct the initial review required under this paragraph prior to the initial continuation referendum conducted under section 13(c) following the referendum conducted under section 14. "(F) BASE PERIOD PROPORTIONS.— "(i) IN GENERAL. —The base period proportions for determining the magnitude of change under subparagraph (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), the base Eeriod proportions shall be the proportions determined y the Honey Board for fiscal year 1996. " (5) RESTRICTIONS ON NOMINATION AND APPOINTMENT.— " (A) PRODUCER-PACKERS AS PRODUCERS. —N O producerpacker that, during any 3 of the preceding 5 years, purchased for resale more honey than the producer-packer \ \ \
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