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7 U.S.C. § 2618Permissive terms and conditions of plans

submitted 55 years ago by Pub. L. 91-670 to r/title-7-AGRICULTURE · 510 words · no verdicts yet

in plain englishAI-generated · not legal advice

A potato plan may include exemptions, different payment schedules, promotion and research programs, reserves, foreign-market activities, refunds, import assessments, and other needed terms. Promotion must increase general demand and follow the chapter’s restrictions.

A plan may contain: (a) Exemptions. Authority to exempt potatoes used for nonfood purposes, and authority for the board to require satisfactory safeguards against improper use of an exemption. (b) Payment and reporting schedules. Authority to set different handler payment and reporting schedules to reflect different marketing practices in different production areas. (c) Advertising and sales promotion. Programs and projects for advertising and promoting potatoes and potato products, and payment of necessary costs. Each program must aim to increase general demand for potatoes and potato products and must follow section 2617(f). (d) Research and development. Projects and studies to encourage, expand, improve, or make more efficient the marketing and use of potatoes, and payment of necessary costs. (e) Reserve funds. Authority to build reserves from assessments so coordinated research, development, advertising, and promotion can continue when production and assessment income fall. The reserve may not exceed the amount budgeted for two years of operation. (f) Foreign markets. With the Secretary’s approval, authority to use collected funds to develop and expand potato and potato-product sales in foreign markets. (g) Refunds. A producer or importer whose potatoes were assessed and who does not support the chapter’s research and promotion program may demand and receive a refund. The producer or importer must personally make the demand under board regulations, using the board’s Secretary-approved form and deadline, which may not be less than 90 days. The applicant must satisfactorily prove payment of the assessment. The board must pay the refund within 60 days after the demand. (h) Import assessments. Authority to assess imported tablestock, frozen, or processed potatoes for human consumption and seed potatoes entering the United States. (i) Incidental terms. Other terms and conditions that are incidental to, consistent with, and necessary to carry out the plan’s other provisions.
the actual law source: uscode.house.gov ↗public domain

Any plan issued pursuant to this chapter may contain one or more of the following terms and conditions:

(a) Exemptions

Providing authority to exempt from the provisions of the plan potatoes used for nonfood uses, and authority for the board to require satisfactory safeguards against improper use of such exemptions.

(b) Handler payment and reporting schedules

Providing for authority to designate different handler payment and reporting schedules to recognize differences in marketing practices and procedures utilized in different production areas.

(c) Advertisement and sales promotion programs or projects

Providing for the establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and sales promotion of potatoes and potato products and for the disbursement of necessary funds for such purposes: Provided, however, That any such program or project shall be directed toward increasing the general demand for potatoes and potato products: And provided further, That such promotional activities shall comply with the provisions of section 2617(f) of this title.

(d) Research and development projects and studies for marketing and utilization of potatoes

Providing for establishing and carrying on research and development projects and studies to the end that the marketing and utilization of potatoes may be encouraged, expanded, improved, or made more efficient, and for the disbursement of necessary funds for such purposes.

(e) Reserve funds; accumulation; limitation

Providing for authority to accumulate reserve funds from assessments collected pursuant to this chapter, to permit an effective and continuous coordinated program of research, development, advertising, and promotion in years when the production and assessment income may be reduced: Provided, That the total reserve fund does not exceed the amount budgeted for two years’ operation.

(f) Foreign markets; sales development and expansion

Providing for authority to use funds collected herein, with the approval of the Secretary, for the development and expansion of potato and potato product sales in foreign markets.

(g) Assessment; refund

Providing that any potato producer or importer against whose potatoes any assessment is made and collected under authority of this chapter and who is not in favor of supporting the research and promotion program as provided for under this chapter shall have the right to demand and receive from the board a refund of such assessment. Such demand shall be made personally by such producer or importer in accordance with regulations and on a form and within a time period prescribed by the board and approved by the Secretary, but in no event less than 90 days, and upon submission of proof satisfactory to the board that the producer or importer paid the assessment for which refund is sought, and any such refund shall be made within 60 days after demand therefor.

(h) Assessment authority

Providing for authority to assess imports of tablestock, frozen, or processed potatoes for ultimate consumption by humans and seed potatoes into the United States.

(i) 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 plan.

Source credit: (Pub. L. 91–670, title III, § 309, Jan. 11, 1971, 84 Stat. 2044; Pub. L. 101–624, title XIX, § 1941, Nov. 28, 1990, 104 Stat. 3867.)

history & why it existsrecord from the source credit
  • 1971Enacted · Pub. L. 91-670 · 84 Stat. 2044
  • 1990Amended · Pub. L. 101-624 · 104 Stat. 3867

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-670 on 1971-01-11.

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