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7 U.S.C. § 7415 — Permissive terms in orders

submitted 30 years ago by Pub. L. 104-127 to r/title-7-AGRICULTURE · 506 words · no verdicts yet

in plain englishAI-generated · not legal advice

An order may allow limited exemptions, different payment schedules, research and promotion activities, reserve funds, certain assessment credits, assessments on imports, and other actions needed to administer the order.

(a) Exemptions. An order may: (1) authorize the Secretary to exempt a de minimis quantity of an otherwise covered commodity; and (2) authorize the board to require satisfactory safeguards against misuse of the exemption.
(b) Different payment and reporting schedules. An order may authorize the board to set different payment and reporting schedules to account for different marketing practices and procedures in different production and importing areas.
(c) Activities. An order may authorize research, promotion, and information activities intended to expand, improve, or make more efficient the domestic or foreign marketing or use of the covered commodity. Section 7414(e) applies to these activities.
(d) Reserve funds. An order may authorize reserving assessment money for a continuous, coordinated research, promotion, and information program when assessment income may fall. The reserve cannot exceed the greatest total anticipated disbursements in budgets approved by the Secretary for any two fiscal years.
(e) Credits. (1) Generic activities. An order may authorize assessment credits for people who contribute to similar generic State, regional, or local programs. (2) Branded activities. (A) The Secretary may let a farmer cooperative conducting branded activities for members receive an annual credit by deducting the activities’ total cost from the assessments otherwise owed by producer members under the order. (B) The cooperative may voluntarily waive this treatment.
(f) Assessment of imports. An order may authorize the board to assess an imported commodity, or its products, under section 7416 at a rate comparable to the rate for the domestic commodity.
(g) Other authority. An order may authorize any other action that (1) is consistent with this subchapter, section 7414’s terms and conditions, and rules under this subchapter, and (2) is needed to administer the order.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 104–127, title V, § 516, Apr. 4, 1996, 110 Stat. 1041.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-127 · 110 Stat. 1041

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-127 on 1996-04-04.

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