§ 2617. Required terms and conditions of plans

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1971

   Potato Research and Promotion Act

   Pub. L. 91–670 title III § 308 · 84 Stat. 2040

   Enacted · 7 U.S.C. § 2617

   Pub. L. 91–670, title III, § 308, Jan. 11, 1971, 84 Stat. 2042

   Source evidence

   Code source credit
   Pub. L. 91–670, title III, § 308, Jan. 11, 1971, 84 Stat. 2042

   Enacted provision · exact public law section
   Sec. 308. required terms in plans Any plan issued pursuant to this title shall contain the following terms and conditions: (a) 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) Providing that the board shall be composed of representatives of producers selected by the Secretary from nominations made by producers in such manner as may be prescribed by the Secretary. In the event producers fail to select nominees for appointment to the board, the Secretary shall appoint producers on the oasis of representation provided for in such plan. (c) Providing that board members shall serve without compensation, Expenses. but shall be reimbursed for reasonable expenses incurred in performing their duties as members of the board. (d) Providing that the board shall prepare and submit to the Budget. 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) Providing that the board shall recommend to the Secretary and Costs, assessment rate. the Secretary shall fix the assessment rate required for such costs as may be incurred pursuant to subsection (d) of this section; but in no event shall the assessment rate exceed 1 cent per one hundred pounds of potatoes handled. (f) Providing that— Restrictions. (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; (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) Providing that, notwithstanding any other provisions of this Assessment, fund. title, any potato producer against whose potatoes any assessment is made and collected under authority of this title and who is not in favor of supporting the research and promotion program as provided for under this title shall have the right to demand and receive from the board a refund of such assessment: Provided, That such demand shall be made personally by such producer 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 ninety days, and upon submission of proof satisfactory to the board that the producer paid the assessment for which refund is sought, and any such refund shall be made within sixty days after demand therefor. (h) 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. (i) Providing the board with authority to enter into contracts or Contract authority. 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 title. (j) Providing that the board shall maintain books and records and Recordkeeping audit report. 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.

2. 1982

   Potato Research and Promotion Act Amendments of 1982

   Pub. L. 97–244 § 2(1) · 96 Stat. 310

   Substituted · 7 U.S.C. § 2617(b)

   Pub. L. 97–244, § 2(1), substituted provisions that the board be composed of representatives of producers and the public appointed by the Secretary from nominations submitted in accordance with this subsection, that representatives of producers be nominated by producers in such manner as may be prescribed by the Secretary, that public representatives be nominated by the board in such manner as may be prescribed by the Secretary, and that, if producers 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 for provisions that the board could be composed of representatives of producers selected by the Secretary from nominations made by producers in such manner as might be prescribed by the Secretary and that, in the event producers failed to select nominees for appointment to the board, the Secretary was to appoint producers on the basis of representation provided for in such plan

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–244, § 2(1), substituted provisions that the board be composed of representatives of producers and the public appointed by the Secretary from nominations submitted in accordance with this subsection, that representatives of producers be nominated by producers in such manner as may be prescribed by the Secretary, that public representatives be nominated by the board in such manner as may be prescribed by the Secretary, and that, if producers 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 for provisions that the board could be composed of representatives of producers selected by the Secretary from nominations made by producers in such manner as might be prescribed by the Secretary and that, in the event producers failed to select nominees for appointment to the board, the Secretary was to appoint producers on the basis of representation provided for in such plan.

   Enacted provision · exact public law section
   (1) amending subsection (b) to read as follows: “(b) 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. 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 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.”;

3. 1982

   Potato Research and Promotion Act Amendments of 1982

   Pub. L. 97–244 § 2(2) · 96 Stat. 310

   Substituted · 7 U.S.C. § 2617(e)

   Pub. L. 97–244, § 2(2), substituted provisions that the assessment rate include any referendum and administrative costs estimated to be incurred by the Department of Agriculture under this chapter, but that the assessment rate for fiscal year 1982 and each fiscal year thereafter 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, for provisions that the assessment rate could not exceed 1 cent per hundred pounds of potatoes handled

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 97–244, § 2(2), substituted provisions that the assessment rate include any referendum and administrative costs estimated to be incurred by the Department of Agriculture under this chapter, but that the assessment rate for fiscal year 1982 and each fiscal year thereafter 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, for provisions that the assessment rate could not exceed 1 cent per hundred pounds of potatoes handled.

   Enacted provision · exact public law section
   (2) amending subsection (e) to read as follows: “(e) Providing that the board shall recommend to the Secretary Assessment rate; referendum and administrative costs. and the Secretary shall fix the assessment rate required for such costs as may be incurred under subsection (d) of this section, including any referendum and administrative costs estimated to be incurred by the United States Department of Agriculture under this title: Provided, That the rate of assessment for fiscal year 1982 and each fiscal year thereafter 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.”; and

4. 1982

   Potato Research and Promotion Act Amendments of 1982

   Pub. L. 97–244 § 2(3) · 96 Stat. 310

   Substituted · 7 U.S.C. § 2617(f)(1)

   Pub. L. 97–244, § 2(3), substituted “as may be authorized by the Secretary, including any referendum and administrative costs incurred by the Department of Agriculture under this chapter” for “as may be authorized by the Secretary”

   Source evidence

   Code amendment note
   Subsec. (f)(1). Pub. L. 97–244, § 2(3), substituted “as may be authorized by the Secretary, including any referendum and administrative costs incurred by the Department of Agriculture under this chapter” for “as may be authorized by the Secretary”.

   Enacted provision · exact public law section
   (3) inserting before the semicolon in subsection (f)(1) the following: “, including any referendum and administrative costs incurred by the Department of Agriculture under this title”.

5. 1983

   Pub. L. 98–171 § 2(a)(1) · 97 Stat. 1117

   Inserted · 7 U.S.C. § 2617(b)

   Pub. L. 98–171, § 2(a)(1), inserted “The requirement for inclusion of public representatives on the board shall not be subject to producer approval in a referendum.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–171, § 2(a)(1), inserted “The requirement for inclusion of public representatives on the board shall not be subject to producer approval in a referendum.”

   Enacted provision · exact public law section
   (1) amending paragraph (b) to add at the end thereof the following: “The requirement for inclusion of public representatives on the board shall not be subject to producer approval in a referendum.”;

6. 1983

   Pub. L. 98–171 § 2(a)(2) · 97 Stat. 1117

   1. Amended · 7 U.S.C. § 2617(e)

      Pub. L. 98–171, § 2(a)(2), amended subsec. (e) generally

   2. Substituted · 7 U.S.C. § 2617(e)

      Pub. L. 98–171, § 2(a)(2), substituting requirement that the Secretary fix “the assessment rate at not more than one cent per one hundred pounds of potatoes handled” for “the assessment rate required for such costs as may be incurred under subsection (d) of this section, including any referendum and administrative costs estimated to be incurred by the United States Department of Agriculture under this chapter”

   3. Substituted · 7 U.S.C. § 2617(e)

      Pub. L. 98–171, § 2(a)(2), substituting requirement that the Secretary fix “except that if approved by producers pursuant to section 2623 of this title, the rate of assessment shall not exceed” for “Provided, That the rate of assessment for fiscal year 1982 and each fiscal year thereafter shall not exceed”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 98–171, § 2(a)(2), amended subsec. (e) generally, substituting requirement that the Secretary fix “the assessment rate at not more than one cent per one hundred pounds of potatoes handled” for “the assessment rate required for such costs as may be incurred under subsection (d) of this section, including any referendum and administrative costs estimated to be incurred by the United States Department of Agriculture under this chapter” and provision “except that if approved by producers pursuant to section 2623 of this title, the rate of assessment shall not exceed” for “Provided, That the rate of assessment for fiscal year 1982 and each fiscal year thereafter shall not exceed”.

   Enacted provision · exact public law section
   (2) amending paragraph (e) to read as follows: “(e) Providing that the board shall recommend to the Secretary and the Secretary shall fix the assessment rate at not more than one cent per one hundred pounds of potatoes handled; except that if approved by producers pursuant to section 314, the rate of assessment 7 USC 2623. 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.”; and

7. 1983

   Pub. L. 98–171 § 2(a)(3) · 97 Stat. 1117

   Inserted · 7 U.S.C. § 2617(f)(1)

   Pub. L. 98–171, § 2(a)(3), inserted “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 in a referendum”

   Source evidence

   Code amendment note
   Subsec. (f)(1). Pub. L. 98–171, § 2(a)(3), inserted “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 in a referendum”.

   Enacted provision · exact public law section
   (3) amending paragraph (f)(1) by adding immediately before the semicolon at the end thereof the following: “: 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 in a referendum”.

8. 1990

   Potato Research and Promotion Act Amendments of 1990

   Pub. L. 101–624 § 1940(1) · 104 Stat. 3359

   1. Inserted · 7 U.S.C. § 2617(b)

      Pub. L. 101–624, § 1940(1), inserted after first sentence “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.”

   2. Inserted · 7 U.S.C. § 2617(b)

      Pub. L. 101–624, § 1940(1), inserted “or importers” after “If producers”

   3. Inserted · 7 U.S.C. § 2617(b)

      Pub. L. 101–624, § 1940(1), inserted “, or to importer approval when importers are subject to a plan,” after “approval” in last sentence

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–624, § 1940(1), inserted after first sentence “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.”, inserted “or importers” after “If producers”, and inserted “, or to importer approval when importers are subject to a plan,” after “approval” in last sentence.

   Enacted provision · exact public law section
   (1) in subsection (b)— (A) by inserting after the first sentence the following: “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.”; (B) after “If producers” by inserting “or importers”; and (C) in the last sentence by inserting “, or to importer approval when importers are subject to a plan,” after “approval”;

9. 1990

   Potato Research and Promotion Act Amendments of 1990

   Pub. L. 101–624 § 1940(2) · 104 Stat. 3359

   1. Substituted · 7 U.S.C. § 2617(e)

      Pub. L. 101–624, § 1940(2), substituted “2 cents” for “one cent”

   2. Inserted · 7 U.S.C. § 2617(e)

      Pub. L. 101–624, § 1940(2), inserted “, and importers when importers are subject to a plan,” after “producers”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 101–624, § 1940(2), substituted “2 cents” for “one cent” and inserted “, and importers when importers are subject to a plan,” after “producers”.

   Enacted provision · exact public law section
   (2) in subsection (e)— (A) by striking “one cent” and inserting “2 cents”; and (B) by inserting “, and importers when importers are subject to a plan,” after “producers”;

10. 1990

    Potato Research and Promotion Act Amendments of 1990

    Pub. L. 101–624 § 1940(3) · 104 Stat. 3359

    Inserted · 7 U.S.C. § 2617(f)(1)

    Pub. L. 101–624, § 1940(3), inserted “, or importer approval when importers are subject to a plan,” after “producer approval” in proviso

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 101–624, § 1940(3), inserted “, or importer approval when importers are subject to a plan,” after “producer approval” in proviso.

    Enacted provision · exact public law section
    (3) in subsection (f)(1) by inserting in the proviso “, or importer approval when importers are subject to a plan,” after “producer approval”; and

11. 1990

    Potato Research and Promotion Act Amendments of 1990

    Pub. L. 101–624 § 1940(4) · 104 Stat. 3359

    1. Redesignated · 7 U.S.C. § 2617(g)(j)

       Pub. L. 101–624, § 1940(4), redesignated subsecs. (h) to (j) as (g) to (i), respectively

    2. Struck · 7 U.S.C. § 2617(g)(j)

       Pub. L. 101–624, § 1940(4), struck out former subsec. (g) which read as follows: “Providing that, notwithstanding any other provisions of this chapter, any potato producer 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: Provided, That such demand shall be made personally by such producer 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 ninety days, and upon submission of proof satisfactory to the board that the producer paid the assessment for which refund is sought, and any such refund shall be made within sixty days after demand therefor.”

    Source evidence

    Code amendment note
    Subsecs. (g) to (j). Pub. L. 101–624, § 1940(4), redesignated subsecs. (h) to (j) as (g) to (i), respectively, and struck out former subsec. (g) which read as follows: “Providing that, notwithstanding any other provisions of this chapter, any potato producer 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: Provided, That such demand shall be made personally by such producer 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 ninety days, and upon submission of proof satisfactory to the board that the producer paid the assessment for which refund is sought, and any such refund shall be made within sixty days after demand therefor.”

    Enacted provision · exact public law section
    (4) by striking subsection (g) and redesignating subsections (h), (i), and (j) as subsections (g), (h), and (i), respectively.

17 of 17 references resolved to an enrolled provision