§ 2706. — Permissive terms and conditions in orders.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC2706]
TITLE 7--AGRICULTURE
CHAPTER 60--EGG RESEARCH AND CONSUMER INFORMATION
Sec. 2706. Permissive terms and conditions in orders
Order issued pursuant to this chapter shall contain one or more of
the following terms and conditions, and except as provided in section
2707 of this title, no others.
(a) Advertising, sales promotion, and consumer education plans or
projects; prohibition on reference to private brand or trade
name and use of unfair or deceptive acts or practices
Providing for the establishment, issuance, effectuation, and
administration of appropriate plans or projects for advertising, sales
promotion, and consumer education with respect to the use of eggs, egg
products, spent fowl, and products of spent fowl, and for the
disbursement of necessary funds for such purposes: Provided, however,
That any such plan or project shall be directed toward increasing the
general demand for eggs, egg products, spent fowl, or products of spent
fowl. No reference to a private brand or trade name shall be made if the
Secretary determines that such reference will result in undue
discrimination against eggs, egg products, spent fowl, or products of
spent fowl of other persons: And provided further, That no such
advertising, consumer education, or sales promotion programs shall make
use of unfair or deceptive acts or practices in behalf of eggs, egg
products, spent fowl, or products of spent fowl or unfair or deceptive
acts or practices with respect to quality, value, or use of any
competing product.
(b) Research, marketing, and development projects and studies
Providing for, establishing, and carrying on research, marketing,
and development projects, and studies with respect to sale,
distribution, marketing, utilization, or production of eggs, egg
products, spent fowl, and products of spent fowl, and the creation of
new products thereof, to the end that the marketing and utilization of
eggs, egg products, spent fowl, and products of spent fowl may be
encouraged, expanded, improved or made more acceptable, and the data
collected by such activities may be disseminated and for the
disbursement of necessary funds for such purposes.
(c) Recordkeeping and reporting requirements; disclosure of confidential
information; violations; penalties
Providing that hatchery operators, persons engaged in the sale of
egg-type baby chicks and started pullet dealers, persons engaged in the
production of commercial eggs and persons who receive or otherwise
acquire eggs from such persons and who process, prepare for market, or
market such eggs, including eggs of their own production, and persons
engaged in the purchase, sale, or processing of spent fowl, maintain and
make available for the inspection such books and records as may be
required by any order issued pursuant to this chapter and for the filing
of reports by such persons at the time, in the manner, and having
content prescribed by the order, to the end that information and data
shall be made available to the Egg Board and to the Secretary which is
appropriate or necessary to the effectuation, administration or
enforcement of this chapter, or of any order or regulation issued
pursuant to this chapter: Provided, however, That all information so
obtained shall be kept confidential by all officers and employees of the
Department of Agriculture, the Egg Board, and by all officers and
employees of contracting agencies having access to such information, and
only such information so furnished or acquired as the Secretary deems
relevant shall be disclosed by them, and then only in a suit or
administrative hearing brought at the direction, or upon the request, of
the Secretary, or to which he or any officer of the United States is a
party, and involving the order with reference to which the information
so to be disclosed was furnished or acquired. Nothing in this section
shall be deemed to prohibit (1) the issuance of general statements based
upon the reports of the number of persons subject to an order or
statistical data collected therefrom, which statements do not identify
the information furnished by any person, (2) the publication, by the
direction of the Secretary, of general statements relating to refunds
made by the Egg Board during any specific period, or (3) the publication
by direction of the Secretary of the name of any person violating any
order, together with a statement of the particular provisions of the
order violated by such person. Any such officer or employee violating
the provision of this subsection shall, upon conviction, be subjected to
a fine of not more than $1,000 or to imprisonment for not more than one
year, or to both, and if an officer or employee of the Egg Board or
Department of Agriculture shall be removed from office.
(d) 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 order.
(Pub. L. 93-428, Sec. 7, Oct. 1, 1974, 88 Stat. 1173.)
Section Referred to in Other Sections
This section is referred to in section 2707 of this title.
