7 U.S.C. § 2617 : US Code - Section 2617: Required terms and conditions of plans

Search 7 U.S.C. § 2617 : US Code - Section 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.