7 U.S.C. § 7465 — Required terms in order

(a) Budgets and plans. The order must set rules for regular budgets and plans. Before each fiscal year starts, the Board submits a budget of its expected expenses to the Secretary; a budget takes effect once two-thirds of a quorum of the Board votes for it and the Secretary approves it. Each budget includes a plan for research, promotion, and consumer information, which takes effect once the Secretary approves it. With Secretary approval, the Board can contract for carrying out the plan and paying its costs using collected funds. (b) Assessments. The order must set up a fee (assessment) on kiwifruit production and imports. The rate is set by a two-thirds vote of a quorum of the Board and approved by the Secretary, but can never be more than 10 cents per 7-pound tray of kiwifruit (or an equivalent amount). Except for certain exempt people, the first handler of the kiwifruit must collect the assessment from the producer, pay it to the Board, and keep separate records for each producer's kiwifruit. Importers pay their assessment to U.S. Customs when the kiwifruit enters the country, and Customs sends it to the Board. Some people are exempt from the assessment: producers growing less than 500 pounds a year, importers bringing in less than 10,000 pounds a year, direct producer-to-consumer sales not meant for resale, and kiwifruit grown or imported for processing. To claim an exemption, a person applies to the Board explaining the basis and certifying they'll stay under the poundage limit, or is on the Board's approved list of processors. (c) Use of assessments. The Board may use assessment money to (1) pay for research, promotion, and consumer information in its budget, and other administration expenses; (2) pay other Secretary-approved costs of running the Board, including interest and penalties on late payments; and (3) fund a reserve fund allowed under section 7466(d). The Board must use assessment money to (1) reimburse the Secretary's costs (including federal salaries) for implementing and running the order, and (2) reimburse the Secretary's costs for running referenda (votes). Except in the Board's first year, its own administrative costs can't be more than 30% of its yearly budget. (d) False claims. Promotion paid for with assessment money can't make false claims about kiwifruit, or false statements about products that compete with kiwifruit. (e) Prohibition on use of funds. Assessment money can't be used to influence legislation or government policy or action, except for the Board making recommendations to the Secretary as this law allows. (f) Books, records, and reports. The Board must keep books and records of the money it receives and spends, submit reports the Secretary asks for, and submit an independent audit of its activities every fiscal year. Handlers and importers responsible for collecting or paying assessments must keep records available for Board and Secretary inspection, and file reports about the assessments as the order requires. (g) Confidentiality. Information collected under (f)(2) must be kept confidential by USDA and Board officials. It can only be shared publicly if the Secretary considers it relevant, and only in a lawsuit or hearing brought by or involving the Secretary or another U.S. official. This doesn't stop general public statements based on combined data from many handlers or importers (as long as no individual's information is identifiable), or publishing the name of someone who violated the order along with which rule they broke, if the Secretary directs it. Anyone who willfully violates this confidentiality rule can be fined up to $1,000 or imprisoned up to a year, or both, for a first offense (up to $20,000 for a later offense), and must be removed from office if they're a Board member, officer, agent, or USDA employee. (h) Withholding of information. Nothing in this law lets anyone withhold information from Congress.