[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4005]
TITLE 16--CONSERVATION
CHAPTER 60--FISH AND SEAFOOD PROMOTION
Sec. 4005. Functions and duties of National Council
(a) Functions and duties
The National Council shall--
(1) prepare and submit to the Secretary, for the Secretary's
review and approval, an annual marketing and promotion plan which
contains descriptions of consumer education, research, and other
marketing and promotion activities of the National Council for the
following year, including plans to coordinate the activities of
councils established under section 4009 of this title;
(2) prepare and submit to the Secretary, for the Secretary's
review and approval, an annual budget of the anticipated expenses
and disbursements of the National Council, including probable costs
of consumer education, research, and other marketing and promotion
plans or projects, and referenda under section 4009 of this title;
(3) maintain accounting records of the receipt and disbursement
of all funds entrusted to the National Council, subject to the
Secretary's right to review or inspect such records;
(4) maintain such books and records as the Secretary determines
appropriate; and
(5) prepare and submit to the Secretary from time to time such
reports or proposals as the Secretary or the National Council
determines appropriate for furthering the purposes and policies of
this chapter.
(b) Annual plan
Each annual marketing and promotion plan shall be directed to--
(1) increasing the general demand for fish and fish products;
(2) encouraging, expanding, or improving the marketing and
promotion and utilization of fish and fish products; and
(3) improving the dissemination of data collected by consumer
education, research, and other marketing promotion activities.
(c) Prohibition on certain references
Consumer education and other marketing and promotion activities of
the National Council shall contain no reference to a private brand or
trade name and shall avoid use of deceptive acts or practices in behalf
of fish or fish products or with respect to the quality, value, or use
of any competing product or group of products. In addition, the National
Council may not promote the consumption or purchase of a single or group
of similar fish species (such as members of the same genera); except
that the Council may use illustrations of a single or group of similar
fish species in the course of promoting the generic consumption of fish
and fish products.
(d) Executive director
The National Council may employ and determine the salary of an
executive director, but such salary shall not exceed Senior Executive
Service Level 6. The executive director shall have demonstrated
expertise in the marketing and promotion of food products and may,
without regard to the provisions of title 5, with the approval of the
National Council, select and employ additional staff as necessary.
(e) Funding of referendum
The National Council may enter into agreements with applicants
proposing to establish a council under section 4009 of this title for
the purposes of funding a referendum establishing the council. The
National Council may enter into agreements with the councils established
under section 4009 of this title for the purpose of funding a referendum
to establish quality standards, or a referendum to terminate any such
council.
(f) Agreements
The National Council may enter into agreements to develop and carry
out activities aut
