§ 4010. — Functions and powers of councils.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4010]
TITLE 16--CONSERVATION
CHAPTER 60--FISH AND SEAFOOD PROMOTION
Sec. 4010. Functions and powers of councils
(a) Activities of a council
(1) Each council shall--
(A) Adopt \1\ a seal which shall be judicially noticed;
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\1\ So in original. Probably should not be capitalized.
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(B) implement all terms of its charter;
(C) prepare and submit to the Secretary, for review and approval
under section 4011(a)(1) of this title, a marketing and promotion
plan and amendments to such plan which contain descriptions of the
projected consumer education, research, and other marketing and
promotion activities of the council;
(D) implement and administer an approved marketing and promotion
plan and amendments to such plan;
(E) determine the assessments to be made under section 4012 of
this title and administer the collection of such assessments to
finance council expenses described in paragraph (2) of this
subsection;
(F) receive, investigate and report to the Secretary accounts of
violations of rules or orders relating to assessments collected
under section 4012 of this title, or quality standard requirements
established under subsection (c) of this section;
(G) prepare and submit to the Secretary, for review and approval
under section 4011(a)(1) of this title, a budget (on a fiscal year
basis) of the anticipated expenses and disbursements of the council,
including--
(i) all administrative and contractual expenses;
(ii) the probable costs of consumer education, research, and
other marketing and promotion plans or projects;
(iii) the costs of the collection of assessments; and
(iv) the expense of repayment of the costs of each
referendum conducted in regard to the council;
(H) maintain books and records, prepare and submit to the
Secretary such reports from time to time as may be necessary 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 year;
(I) reimburse the Secretary for the expenses incurred for the
conduct of the referendum to establish the council or any subsequent
referendum to terminate the council that fails; and
(J) prepare and submit to the Secretary from time to time such
reports or proposals as the council determines appropriate to
further the purposes of this chapter.
(2) Funds collected by a council under section 4012 of this title
shall be used by the council for--
(A) research, consumer education, and other marketing and
promotion activities regarding the quality and marketing of fish and
fish products;
(B) other expenses, as described in subsection (a)(1)(G) of this
section;
(C) such other expenses for the administration, maintenance, and
functioning of the council as may be authorized by the Secretary;
(D) any reserve fund established under subsection (b)(5) of this
section and any administrative expenses incurred by the Secretary
specified as reimbursable under this chapter.
(3) Marketing and promotion plans and amendments to such plans
prepared by a council under subsection (a)(1)(C) of this section shall
be designed to increase the general demand for fish and fish products
described in accordance with section 4009(b)(3) of this title by
encouraging, expanding, and improving the marketing, promotion and
utilization of such fish and fish products, in domestic or foreign
markets, or both, through consumer education, research, and other
marketing and promotion activities.
(4) Consumer education and other marketing and promotion activities
carried out by a council under a marketing and promotion plan and
amendments to such plan may not contain references to any private brand
or trade name and shall avoid the use of deceptive acts or practices in
promoting fish or fish products or with respect to the quality, value,
or use of any competing product or group of products.
(b) Authority of a council
A council may--
(1) sue and be sued;
(2) enter into contracts;
(3) employ and determine the salary of an executive director who
may, with the approval of the council, employ and determine the
salary of such additional staff as may be necessary;
(4) collaborate with other councils and with the National
Council in establishing and implementing a national marketing and
promotion plan for one or more species of fish or fish products; and
(5) establish a reserve fund from monies collected and received
under section 4012 of this title to permit an effective and
sustained program of research, consumer education, and other
marketing and promotion activities regarding the quality and
marketing of fish and fish products in years when production and
assessment income may be reduced, but the total reserve fund may not
exceed the amount budgeted for the current fiscal year of operation.
(c) Quality standards
(1) A council may develop and submit to the Secretary for approval,
or upon the request of a council the Secretary shall develop, quality
standards for a fish or fish product described in accordance with
section 4009(b)(3) of this title. Any quality standard developed under
this paragraph shall be consistent with the purposes of this chapter.
(2) A quality standard developed under paragraph (1) of this
subsection may be adopted by a council by a majority of the members of
the council if first approved, in a referendum conducted by the council,
by a majority of the sector participants of the sector concerned voting
and the majority collectively accounted for, in the twelve-month period
immediately preceding the month in which the referendum is held, not
less than sixty-six percent of the value of the fish or fish products
described in accordance with section 4009(b)(3) of this title that were
handled by that sector during such period.
(3) With respect to a quality standard adopted under paragraph (2)
of this subsection, the council shall develop and file with the
Secretary an official identification in the form of a symbol, stamp,
label, or seal that will be used to indicate that a fish or fish product
meets the quality standard at the time the official identification is
affixed to the fish or fish product, or is affixed to or printed on the
packaging material of the fish or fish product.
(4) The Secretary shall establish by regulation procedures for the
use of an official identification filed with the Secretary under
paragraph (3) of this subsection. Misuse of an official identification
established under this section shall constitute a violation of this
chapter.
(5) Prior to issuing final regulations under paragraph (4) of this
subsection, the Secretary shall--
(A) publish the proposed regulations by such means as will
result in wide publicity in affected regions; and
(B) provide for public comment and the opportunity for a public
hearing.
(6) A council may receive, investigate and report to the Secretary
accounts of violations of regulations issued under paragraph (4) of this
subsection.
(7) Any regulation issued under paragraph (4) of this subsection
shall be repealed immediately by the Secretary upon the termination
under section 4015 of this title of the council that developed the
official identification to which the regulations apply.
(8) The procedures applicable to the adoption and the taking effect
of a quality standard developed under this subsection also apply to a
subsequent amendment or the termination of such standard.
(d) Amendment of a charter
A council may submit to the Secretary amendments to the text of the
council's charter. Any proposed amendments to a charter shall be
approved or disapproved in the same manner as the original charter was
approved under section 4009(d) and (e) of this title, with the exception
of section 4009(d)(1)(B) of this title.
(Pub. L. 99-659, title II, Sec. 211, Nov. 14, 1986, 100 Stat. 3724.)
Section Referred to in Other Sections
This section is referred to in sections 4009, 4011, 4012 of this
title.
