§ 2617. — Required terms and conditions of plans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2617]
TITLE 7--AGRICULTURE
CHAPTER 58--POTATO RESEARCH AND PROMOTION
Sec. 2617. Required terms and conditions of plans
Any plan issued pursuant to this chapter shall contain the following
terms and conditions:
(a) National Potato Promotion Board; establishment; powers and duties
Providing for the establishment by the Secretary of a National
Potato Promotion Board (hereinafter referred to as ``the board'') and
for defining its powers and duties, which shall include powers--
(1) to administer such plan in accordance with its terms and
conditions;
(2) to make rules and regulations to effectuate the terms and
conditions of such plan;
(3) to receive, investigate, and report to the Secretary
complaints of violations of such plan; and
(4) to recommend to the Secretary amendments to such plan.
(b) Membership of board
Providing that the board shall be composed of representatives of
producers and the public appointed by the Secretary from nominations
submitted in accordance with this subsection. If importers are subject
to a plan, the board shall also include up to 5 representatives of
importers, appointed by the Secretary from nominations submitted by
importers in such manner as may be prescribed by the Secretary.
Representatives of producers shall be nominated by producers in such
manner as may be prescribed by the Secretary. Public representatives
shall be nominated by the board in such manner as may be prescribed by
the Secretary. If producers or importers fail to select nominees for
appointment to the board, or the board fails to nominate public
representatives, the Secretary may appoint persons on the basis of
representation as provided for in such plan. The requirement for
inclusion of public representatives on the board shall not be subject to
producer approval, or to importer approval when importers are subject to
a plan, in a referendum.
(c) Compensation and expenses of board members
Providing that board members shall serve without compensation, but
shall be reimbursed for reasonable expenses incurred in performing their
duties as members of the board.
(d) Budget; preparation and submission
Providing that the board shall prepare and submit to the Secretary
for his approval a budget, on a fiscal period basis, of its anticipated
expenses and disbursements in the administration of the plan, including
probable costs of research, development, advertising, and promotion.
(e) Assessment rate per poundage handled; limitation
Providing that the board shall recommend to the Secretary and the
Secretary shall fix the assessment rate at not more than 2 cents per one
hundred pounds of potatoes handled; except that if approved by
producers, and importers when importers are subject to a plan, pursuant
to section 2623 of this title, the rate of assessment shall not exceed
one-half of 1 per centum of the immediate past ten-calendar-year United
States average price received for potatoes by growers as reported by the
Department of Agriculture.
(f) Restrictions
Providing that--
(1) funds collected by the board shall be used for research,
development, advertising, or promotion of potatoes and potato
products and such other expenses for the administration,
maintenance, and functioning of the board, as may be authorized by
the Secretary, including any referendum and administrative costs
incurred by the Department of Agriculture under this chapter:
Provided, That the provision for payment to the Department of
Agriculture for any referendum and administrative costs so incurred
shall not be subject to producer approval, or importer approval when
importers are subject to a plan, in a referendum;
(2) no advertising or sales promotion program shall make any
reference to private brand names or use false or unwarranted claims
in behalf of potatoes or their products or false or unwarranted
statements with respect to the attributes or use of any competing
products; and
(3) no funds collected by the board shall in any manner be used
for the purpose of influencing governmental policy or action, except
as provided by subsection (a)(4) of this section.
(g) Research, development, advertising or promotion programs or
projects; development and submission by board; approval by
Secretary
Providing that the board shall, subject to the provisions of
subsections (e) and (f) of this section, develop and submit to the
Secretary for his approval any research, development, advertising or
promotion programs or projects, and that any such program or project
must be approved by the Secretary before becoming effective.
(h) Contract authority of board; funds for payment of cost
Providing the board with authority to enter into contracts or
agreements, with the approval of the Secretary, for the development and
carrying out of research, development, advertising or promotion programs
or projects, and the payment of the cost thereof with funds collected
pursuant to this chapter.
(i) Recordkeeping; reports for accounting: receipts and disbursements;
audit report
Providing that the board shall maintain books and records and
prepare and submit to the Secretary such reports from time to time as
may be prescribed for appropriate accounting with respect to the receipt
and disbursement of funds entrusted to it and cause a complete audit
report to be submitted to the Secretary at the end of each fiscal
period.
(Pub. L. 91-670, title III, Sec. 308, Jan. 11, 1971, 84 Stat. 2042; Pub.
L. 97-244, Sec. 2, Aug. 26, 1982, 96 Stat. 310; Pub. L. 98-171,
Sec. 2(a), Nov. 29, 1983, 97 Stat. 1117; Pub. L. 101-624, title XIX,
Sec. 1940, Nov. 28, 1990, 104 Stat. 3866.)
Amendments
1990--Subsec. (b). Pub. L. 101-624, Sec. 1940(1), inserted after
first sentence ``If importers are subject to a plan, the board shall
also include up to 5 representatives of importers, appointed by the
Secretary from nominations submitted by importers in such manner as may
be prescribed by the Secretary.'', inserted ``or importers'' after ``If
producers'', and inserted ``, or to importer approval when importers are
subject to a plan,'' after ``approval'' in last sentence.
Subsec. (e). Pub. L. 101-624, Sec. 1940(2), substituted ``2 cents''
for ``one cent'' and inserted ``, and importers when importers are
subject to a plan,'' after ``producers''.
Subsec. (f)(1). Pub. L. 101-624, Sec. 1940(3), inserted ``, or
importer approval when importers are subject to a plan,'' after
``producer approval'' in proviso.
Subsecs. (g) to (j). Pub. L. 101-624, Sec. 1940(4), redesignated
subsecs. (h) to (j) as (g) to (i), respectively, and struck out former
subsec. (g) which read as follows: ``Providing that, notwithstanding any
other provisions of this chapter, any potato producer against whose
potatoes any assessment is made and collected under authority of this
chapter and who is not in favor of supporting the research and promotion
program as provided for under this chapter shall have the right to
demand and receive from the board a refund of such assessment: Provided,
That such demand shall be made personally by such producer in accordance
with regulations and on a form and within a time period prescribed by
the board and approved by the Secretary, but in no event less than
ninety days, and upon submission of proof satisfactory to the board that
the producer paid the assessment for which refund is sought, and any
such refund shall be made within sixty days after demand therefor.''
1983--Subsec. (b). Pub. L. 98-171, Sec. 2(a)(1), inserted ``The
requirement for inclusion of public representatives on the board shall
not be subject to producer approval in a referendum.''
Subsec. (e). Pub. L. 98-171, Sec. 2(a)(2), amended subsec. (e)
generally, substituting requirement that the Secretary fix ``the
assessment rate at not more than one cent per one hundred pounds of
potatoes handled'' for ``the assessment rate required for such costs as
may be incurred under subsection (d) of this section, including any
referendum and administrative costs estimated to be incurred by the
United States Department of Agriculture under this chapter'' and
provision ``except that if approved by producers pursuant to section
2623 of this title, the rate of assessment shall not exceed'' for
``Provided, That the rate of assessment for fiscal year 1982 and each
fiscal year thereafter shall not exceed''.
Subsec. (f)(1). Pub. L. 98-171, Sec. 2(a)(3), inserted ``Provided,
That the provision for payment to the Department of Agriculture for any
referendum and administrative costs so incurred shall not be subject to
producer approval in a referendum''.
1982--Subsec. (b). Pub. L. 97-244, Sec. 2(1), substituted provisions
that the board be composed of representatives of producers and the
public appointed by the Secretary from nominations submitted in
accordance with this subsection, that representatives of producers be
nominated by producers in such manner as may be prescribed by the
Secretary, that public representatives be nominated by the board in such
manner as may be prescribed by the Secretary, and that, if producers
fail to select nominees for appointment to the board or the board fails
to nominate public representatives, the Secretary may appoint persons on
the basis of representation as provided for in such plan for provisions
that the board could be composed of representatives of producers
selected by the Secretary from nominations made by producers in such
manner as might be prescribed by the Secretary and that, in the event
producers failed to select nominees for appointment to the board, the
Secretary was to appoint producers on the basis of representation
provided for in such plan.
Subsec. (e). Pub. L. 97-244, Sec. 2(2), substituted provisions that
the assessment rate include any referendum and administrative costs
estimated to be incurred by the Department of Agriculture under this
chapter, but that the assessment rate for fiscal year 1982 and each
fiscal year thereafter not exceed one-half of 1 per centum of the
immediate past ten calendar year United States average price received
for potatoes by growers as reported by the Department of Agriculture,
for provisions that the assessment rate could not exceed 1 cent per
hundred pounds of potatoes handled.
Subsec. (f)(1). Pub. L. 97-244, Sec. 2(3), substituted ``as may be
authorized by the Secretary, including any referendum and administrative
costs incurred by the Department of Agriculture under this chapter'' for
``as may be authorized by the Secretary''.
Section Referred to in Other Sections
This section is referred to in section 2618 of this title.
