7 USC 6104 - Required terms in orders

U.S Code last checked for updates: Apr 26, 2024

§ 6104.

Required terms in orders

(a)

In general

(b)

Mushroom Council

(1)

Establishment and membership of Council

(A)

Establishment

(B)

Membership

(2)

Appointments

(A)

In general

(B)

Units

(C)

Importers

(D)

Members per region

(E)

Additional members

In addition to the members appointed pursuant to paragraph (1), and subject to the 9-member limit of members on the Council provided in that paragraph, the Secretary shall appoint additional members to the council from a region that attains additional pounds of production as follows:

(i)

If the annual production of a region is greater than 110,000,000 pounds, but less than or equal to 180,000,000 pounds, the region shall be represented by 1 additional member.

(ii)

If the annual production of a region is greater than 180,000,000 pounds, but less than or equal to 260,000,000 pounds, the region shall be represented by 2 additional members.

(iii)

If the annual production of a region is greater than 260,000,000 pounds, the region shall be represented by 3 additional members.

(F)

Average annual production

(G)

Failure to nominate

(3)

Terms; compensation

(A)

Terms

(B)

Compensation

(c)

Powers and duties of Council

The order shall define the powers and duties of the Council, which shall include the following powers and duties—

(1)

to administer the order in accordance with its terms and provisions;

(2)

to make rules and regulations to effectuate the terms and provisions of the order;

(3)

to appoint members of the Council to serve on an executive committee;

(4)

to propose, receive, evaluate, approve and submit to the Secretary for approval under subsection (d) budgets, plans, and projects of mushroom promotion, research, consumer information, and industry information, as well as to contract and enter into agreements with appropriate persons to implement such plans or projects;

(5)

to develop and propose to the Secretary voluntary quality and grade standards for mushrooms;

(6)

to develop and propose to the Secretary programs for good agricultural and good handling practices and related activities for mushrooms;

(7)

to receive, investigate, and report to the Secretary complaints of violations of the order;

(8)

to recommend to the Secretary amendments to the order; and

(9)

to invest, pending disbursement under a plan or project, funds collected through assessments authorized under this chapter only in—

(A)

obligations of the United States or any agency thereof;

(B)

general obligations of any State or any political subdivision thereof;

(C)

any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System; or

(D)

obligations fully guaranteed as to principal and interest by the United States,

except that income from any such invested funds may only be used for any purpose for which the invested funds may be used.

(d)

Plans and budgets

(1)

Submission to Secretary

(2)

Budgets

(3)

Approval by Secretary

(e)

Contracts and agreements

(1)

In general

(2)

Requirements

Any such contract or agreement shall provide that—

(A)

the contracting party shall develop and submit to the Council a plan or project together with a budget or budgets that shall show estimated costs to be incurred for such plan or project;

(B)

the plan or project shall become effective on the approval of the Secretary; and

(C)

the contracting party shall keep accurate records of all of its transactions, account for funds received and expended, make periodic reports to the Council of activities conducted, and make such other reports as the Council or the Secretary may require.

(3)

Producer organizations

(f)

Books and records of Council

(1)

In general

The order shall require the Council to—

(A)

maintain such books and records (which shall be available to the Secretary for inspection and audit) as the Secretary may prescribe;

(B)

prepare and submit to the Secretary, from time to time, such reports as the Secretary may prescribe; and

(C)

account for the receipt and disbursement of all funds entrusted to the Council.

(2)

Audits

(g)

Assessments

(1)

Collection and payment

(A)

In general

(B)

Importers

(C)

Direct marketing

(2)

Rate of assessment

The rate of assessment shall be determined and announced by the Council and may be changed by the Council at any time. The order shall provide that the rate of assessment—

(A)

for the first year of the order, may not exceed one-quarter cent per pound of mushrooms;

(B)

for the second year of the order, may not exceed one-third cent per pound of mushrooms;

(C)

for the third year of the order, may not exceed one-half cent per pound of mushrooms; and

(D)

for the following years of the order, may not exceed one cent per pound of mushrooms.

(3)

Use of assessments

(4)

Limitation on collection

(h)

Prohibition

(i)

Books and records

(1)

In general

(2)

Availability to Secretary

(3)

Confidentiality

(A)

In general

(B)

Limitations

Nothing in this paragraph may be construed to prohibit—

(i)

the issuance of general statements, based on the reports, of the number of persons subject to the order or statistical data collected therefrom, which statements do not identify the information furnished by any person; or

(ii)

the publication, by direction of the Secretary, of the name of any person violating the order, together with a statement of the particular provisions of the order violated by such person.

(4)

Availability of information

(A)

In general

(B)

Penalty

(5)

Withholding information

(j)

Other terms and conditions

(Pub. L. 101–624, title XIX, § 1925, Nov. 28, 1990, 104 Stat. 3857; Pub. L. 102–237, title VIII, § 803(1), Dec. 13, 1991, 105 Stat. 1882; Pub. L. 110–234, title X, § 10104, May 22, 2008, 122 Stat. 1336; Pub. L. 110–246, § 4(a), title X, § 10104, June 18, 2008, 122 Stat. 1664, 2097.)

cite as: 7 USC 6104