§ 2618. — Permissive 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: 7USC2618]
TITLE 7--AGRICULTURE
CHAPTER 58--POTATO RESEARCH AND PROMOTION
Sec. 2618. Permissive terms and conditions of plans
Any plan issued pursuant to this chapter may contain one or more of
the following terms and conditions:
(a) Exemptions
Providing authority to exempt from the provisions of the plan
potatoes used for nonfood uses, and authority for the board to require
satisfactory safeguards against improper use of such exemptions.
(b) Handler payment and reporting schedules
Providing for authority to designate different handler payment and
reporting schedules to recognize differences in marketing practices and
procedures utilized in different production areas.
(c) Advertisement and sales promotion programs or projects
Providing for the establishment, issuance, effectuation, and
administration of appropriate programs or projects for the advertising
and sales promotion of potatoes and potato products and for the
disbursement of necessary funds for such purposes: Provided, however,
That any such program or project shall be directed toward increasing the
general demand for potatoes and potato products: And provided further,
That such promotional activities shall comply with the provisions of
section 2617(f) of this title.
(d) Research and development projects and studies for marketing and
utilization of potatoes
Providing for establishing and carrying on research and development
projects and studies to the end that the marketing and utilization of
potatoes may be encouraged, expanded, improved, or made more efficient,
and for the disbursement of necessary funds for such purposes.
(e) Reserve funds; accumulation; limitation
Providing for authority to accumulate reserve funds from assessments
collected pursuant to this chapter, to permit an effective and
continuous coordinated program of research, development, advertising,
and promotion in years when the production and assessment income may be
reduced: Provided, That the total reserve fund does not exceed the
amount budgeted for two years' operation.
(f) Foreign markets; sales development and expansion
Providing for authority to use funds collected herein, with the
approval of the Secretary, for the development and expansion of potato
and potato product sales in foreign markets.
(g) Assessment; refund
Providing that any potato producer or importer 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. Such
demand shall be made personally by such producer or importer 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 90 days, and upon submission of proof satisfactory to the
board that the producer or importer paid the assessment for which refund
is sought, and any such refund shall be made within 60 days after demand
therefor.
(h) Assessment authority
Providing for authority to assess imports of tablestock, frozen, or
processed potatoes for ultimate consumption by humans and seed potatoes
into the United States.
(i) Incidental and necessary terms and conditions
Terms and conditions incidental to and not inconsistent with the
terms and conditions specified in this chapter and necessary to
effectuate the other provisions of such plan.
(Pub. L. 91-670, title III, Sec. 309, Jan. 11, 1971, 84 Stat. 2044; Pub.
L. 101-624, title XIX, Sec. 1941, Nov. 28, 1990, 104 Stat. 3867.)
Amendments
1990--Subsecs. (g) to (i). Pub. L. 101-624 added subsecs. (g) and
(h) and redesignated former subsec. (g) as (i).
