§ 2618. Permissive 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 § 309 · 84 Stat. 2040

   Enacted · 7 U.S.C. § 2618

   Pub. L. 91–670, title III, § 309, Jan. 11, 1971, 84 Stat. 2044

   Source evidence

   Code source credit
   Pub. L. 91–670, title III, § 309, Jan. 11, 1971, 84 Stat. 2044

   Enacted provision · exact public law section
   Sec. 309. permissive terms in plans Any plan issued pursuant to this title may contain one or more of the following terms and conditions: (a) 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) 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) 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 308(f) of this title. (d) 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) Providing for authority to accumulate reserve funds from assessments collected pursuant to this title, 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) 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) Terms and conditions incidental to and not inconsistent with the terms and conditions specified in this title and necessary to effectuate the other provisions of such plan.

2. 1990

   Potato Research and Promotion Act Amendments of 1990

   Pub. L. 101–624 title XIX § 1941 · 104 Stat. 3359

   1. Added · 7 U.S.C. § 2618(g)(i)

      Pub. L. 101–624 added subsecs. (g) and (h)

   2. Redesignated · 7 U.S.C. § 2618(g)(i)

      Pub. L. 101–624 redesignated former subsec. (g) as (i)

   Source evidence

   Code amendment note
   Subsecs. (g) to (i). Pub. L. 101–624 added subsecs. (g) and (h) and redesignated former subsec. (g) as (i).

   Enacted provision · exact public law section
   SEC. 1941. PERMISSIVE TERMS IN PLANS. Section 309 of the Potato Research and Promotion Act (7 U.S.C. 2618) is amended by redesignating subsection (g) as subsection (i) and inserting the following new subsections: “(g) Providing that any potato producer or importer 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. 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) Providing for authority to assess imports of tablestock, frozen, or processed potatoes for ultimate consumption by humans and seed potatoes into the United States.”.

3 of 3 references resolved to an enrolled provision