§ 7415. — Permissive terms in 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: 7USC7415]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER II--ISSUANCE OF ORDERS FOR PROMOTION, RESEARCH, AND
INFORMATION ACTIVITIES REGARDING AGRICULTURAL COMMODITIES
Sec. 7415. Permissive terms in orders
(a) Exemptions
An order issued under this subchapter may contain--
(1) authority for the Secretary to exempt from the order any de
minimis quantity of an agricultural commodity otherwise covered by
the order; and
(2) authority for the board established under the order to
require satisfactory safeguards against improper use of the
exemption.
(b) Different payment and reporting schedules
An order issued under this subchapter may contain authority for the
board established under the order to designate different payment and
reporting schedules to recognize differences in agricultural commodity
industry marketing practices and procedures used in different production
and importing areas.
(c) Activities
An order issued under this subchapter may contain authority to
develop and carry out research, promotion, and information activities
designed to expand, improve, or make more efficient the marketing or use
of the agricultural commodity covered by the order in domestic and
foreign markets. Section 7414(e) of this title shall apply with respect
to activities authorized under this subsection.
(d) Reserve funds
An order issued under this subchapter may contain authority to
reserve funds from assessments collected under section 7416 of this
title to permit an effective and continuous coordinated program of
research, promotion, and information in years when the yield from
assessments may be reduced, except that the amount of funds reserved may
not exceed the greatest aggregate amount of the anticipated
disbursements specified in budgets approved under section 7414(e) of
this title by the Secretary for any 2 fiscal years.
(e) Credits
(1) Generic activities
An order issued under this subchapter may contain authority to
provide credits of assessments for those individuals who contribute
to other similar generic research, promotion, and information
programs at the State, regional, or local level.
(2) Branded activities
(A) In general
The Secretary may permit a farmer cooperative that engages
in branded activities relating to the marketing of the products
of members of the cooperative to receive an annual credit for
the activities and related expenditures in the form of a
deduction of the total cost of the activities and related
expenditures from the amount of any assessment that would
otherwise be required to be paid by the producer members of the
cooperative under an order issued under this subchapter.
(B) Election by cooperative
A farmer cooperative may elect to voluntarily waive the
application of subparagraph (A) to the cooperative.
(f) Assessment of imports
An order issued under this subchapter may contain authority for the
board established under the order to assess under section 7416 of this
title an imported agricultural commodity, or products of such an
agricultural commodity, at a rate comparable to the rate determined by
the appropriate board for the domestic agricultural commodity covered by
the order.
(g) Other authority
An order issued under this subchapter may contain authority to take
any other action that--
(1) is not inconsistent with the purpose of this subchapter, any
term or condition specified in section 7414 of this title, or any
rule issued to carry out this subchapter; and
(2) is necessary to administer the order.
(Pub. L. 104-127, title V, Sec. 516, Apr. 4, 1996, 110 Stat. 1041.)
Section Referred to in Other Sections
This section is referred to in sections 7413, 7414, 7416 of this
title.
