7 U.S.C. § 2706 : US Code - Section 2706: Permissive terms and conditions in orders

Search 7 U.S.C. § 2706 : US Code - Section 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.