§ 3404. — Permissive terms and conditions of orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC3404]
TITLE 7--AGRICULTURE
CHAPTER 65--WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION
Sec. 3404. Permissive terms and conditions of orders
Any order issued pursuant to this chapter shall contain one or more
of the following terms and conditions, and, except as provided in
section 3405 of this title, no others:
(a) Nutrition education plans
providing for the establishment, issuance, effectuation, and
administration of appropriate plans or projects for nutrition education,
both within the United States and in international markets with respect
to wheat, processed wheat, and end products, and for the disbursement of
necessary funds for such purposes: Provided, That in carrying out any
such plan or project, 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 wheat, processed wheat, and end
products of other person: Provided further, That no such plans or
projects shall make use of unfair or deceptive acts or practices in
behalf of wheat, processed wheat, and end products or unfair or
deceptive acts or practices with respect to quality, value, or use of
any competing product;
(b) Research and studies
providing for the establishment and conduct of research or studies
with respect to sale, distribution, marketing, utilization, or
production of wheat, processed wheat, and end products and the creation
of new products thereof to the end that the marketing and utilization of
wheat, processed wheat, and end products may be encouraged, expanded,
improved, or made more acceptable, and for the disbursement of necessary
funds for such purposes;
(c) Records and reports; confidential information; penalties
providing that processors, distributors of processed wheat, and end
product manufacturers shall maintain and make available for inspection
by the Secretary or the Council such books and records as may be
required by any order issued pursuant to this title and for the filing
of reports by such persons at the time, in the manner, and having the
content prescribed by the order, to the end that information shall be
made available to the Council and to the Secretary which are appropriate
or necessary to the effectuation, administration, or enforcement of this
chapter, or of any order or regulation issued pursuant to this chapter:
Provided, That all information so obtained shall be kept confidential by
all officers and employees of the Department, the Council, 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 the Secretary 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 direction of the Secretary, of general statements
relating to refunds made by the Council during any specific period, or
(3) the publication by direction of the Secretary of the name of any
person who has been adjudged to have violated any order, together with a
statement of the particular provisions of the order violated by such
person. Any such officer or employee of the Department, the Council, or
a contracting agency violating the provisions of this clause shall, upon
conviction, be subject to a fine of not more than $1,000 or to
imprisonment for not more than one year, or both, and if an officer or
employee of the Council or Department shall be removed from office;
(d) Assessment exemption
providing for exemption of specified end products, or types or
categories thereof, from the assessments required to be paid under
section 3405 of this title under such conditions and procedures as may
be prescribed in the order or rules and regulations issued thereunder;
and
(e) Miscellaneous 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. 95-113, title XVII, Sec. 1705, Sept. 29, 1977, 91 Stat. 1033.)
Section Referred to in Other Sections
This section is referred to in section 3405 of this title.
