§ 6204. — Required terms in orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6204]
TITLE 7--AGRICULTURE
CHAPTER 91--LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 6204. Required terms in orders
(a) In general
An order issued by the Secretary under section 6203(a) of this title
shall contain the terms and conditions described in this section and,
except as provided in section 6205 of this title, no other terms or
conditions.
(b) Lime Board
Such order shall provide for the establishment of a Lime Board as
follows:
(1) Membership
The Board shall be composed of--
(A) 3 members who are producers and who are not exempt from
an assessment under subsection (d)(5)(A) of this section;
(B) 3 members who are importers and who are not exempt from
an assessment under subsection (d)(5)(A) of this section; and
(C) one member appointed from the general public.
(2) Appointment and nomination
(A) Appointment
The Secretary shall appoint the members of the Board.
(B) Producers
The 3 members who are producers shall be appointed from
individuals nominated by lime producers.
(C) Importers
The 3 members who are importers shall be appointed from
individuals nominated by lime importers.
(D) Public
The public representative shall be appointed from
nominations of the Board.
(E) Failure to nominate
If producers and importers fail to nominate individuals for
appointment, the Secretary may appoint members on a basis
provided for in the order. If the Board fails to nominate a
public representative, such member may be appointed by the
Secretary without a nomination.
(F) Initial Board
The Secretary shall establish an initial Board from among
nominations solicited by the Secretary. For the purpose of
obtaining nominations for the members of the initial Board
described in paragraph (1), the Secretary shall perform the
functions of the Board under this subsection as the Secretary
determines necessary and appropriate. The Secretary shall
terminate the initial Board established under this subsection as
soon as practicable after December 14, 1993.
(G) Board allocation
The producer and importer representation on the Board shall
be allocated on the basis of 2 producer members and 1 importer
member from the district east of the Mississippi River and 1
producer member and 2 importer members from the district west of
the Mississippi River.
(3) Alternates
The Secretary shall appoint an alternate for each member of the
Board. An alternate shall--
(A) be appointed in the same manner as the member for whom
such individual is an alternate; and
(B) serve on the Board if such member is absent from a
meeting or is disqualified under paragraph (5).
(4) Terms
The initial members of the Board appointed under the amended
order shall serve a term of 30 months. Subsequent appointments to
the Board shall be for a term of 3 years, except that--
(A) 2 members shall be appointed for a term of 1 year;
(B) 2 members shall be appointed for a term of 2 years; and
(C) 3 members shall be appointed for a term of 3 years;
as designated by the Secretary at the time of appointment.
(5) Replacement
If a member or alternate of the Board who was appointed as a
producer, importer, or public representative ceases to belong to the
group for which such member was appointed, such member or alternate
shall be disqualified from serving on the Board.
(6) Compensation
Members and alternates of the Board shall serve without pay.
(7) Travel expenses
While away from their homes or regular places of business in the
performance of duties for the Board, members and alternates shall be
allowed travel expenses, including a per diem allowance in lieu of
subsistence, in the same manner as persons employed intermittently
in Government service are allowed travel expenses under section 5703
of title 5.
(8) Powers and duties
The Board shall--
(A) administer orders issued by the Secretary under section
6203(a) of this title, and amendments to such orders, in
accordance with their terms and provisions and consistent with
this chapter;
(B) prescribe rules and regulations to effectuate the terms
and provisions of such orders;
(C) receive, investigate, and report to the Secretary
accounts of violations of such orders;
(D) make recommendations to the Secretary with respect to
amendments that should be made to such orders; and
(E) employ a manager and staff.
(c) Budgets and plans
Such order shall provide for periodic budgets and plans as follows:
(1) Budgets
The Board shall prepare and submit to the Secretary a budget (on
a fiscal period basis determined by the Secretary) of the
anticipated expenses and disbursements of the Board in the
administration of the order, including probable costs of research,
promotion, and consumer information. A budget shall take effect on
the approval of the Secretary.
(2) Plans
Each budget shall include a plan for research, promotion, and
consumer information regarding limes. A plan under this paragraph
shall take effect on the approval of the Secretary. The Board may
enter into contracts and agreements, with the approval of the
Secretary, for--
(A) the development and carrying out of such plan; and
(B) the payment of the cost of such plan with funds
collected pursuant to this chapter.
(d) Assessments
Such order shall provide for the imposition and collection of
assessments with regard to the production and importation of limes as
follows:
(1) Rate
The assessment rate shall not exceed $.01 per pound of limes.
(2) Collection by first handlers
Except as provided in paragraph (4), the first handler of limes
shall--
(A) be responsible for the collection from the producer, and
payment to the Board, of assessments under this subsection; and
(B) maintain a separate record of the limes of each producer
whose limes are so handled, including the limes owned by the
handler.
(3) Producer-handlers
For purposes of paragraph (2), a producer-handler shall be
considered the first handler of limes produced by such producer-
handler.
(4) Importers
The assessment on imported limes shall be paid by the importer
at the time of entry into the United States and shall be remitted to
the Board.
(5) De minimis exception
The following persons are exempt from an assessment under this
subsection--
(A) a producer who produces less than 200,000 pounds of
limes per year;
(B) a producer-handler who produces and handles less than
200,000 pounds of limes per year; and
(C) an importer who imports less than 200,000 pounds of
limes per year.
(6) Claiming an exemption
To claim an exemption under paragraph (5) for a particular year,
a person shall submit an application to the Board--
(A) stating the basis for such exemption; and
(B) certifying that such person will not exceed the
limitation required for such exemption in such year.
(e) Use of assessments
(1) In general
Such order shall provide that funds paid to the Board as
assessments under subsection (d) of this section--
(A) may be used by the Board to--
(i) pay for research, promotion, and consumer
information described in the budget of the Board under
subsection (c) of this section and for other expenses
incurred by the Board in the administration of an order;
(ii) pay such other expenses for the administration,
maintenance, and functioning of the Board as may be
authorized by the Secretary; and
(iii) fund a reserve established under section 6205(4)
of this title; and
(B) shall be used to pay the expenses incurred by the
Secretary, including salaries and expenses of Government
employees in implementing and administering the order, except as
provided in paragraph (2).
(2) Referenda
Such order shall provide that the Board shall reimburse the
Secretary, from assessments collected under subsection (d) of this
section, for any expenses incurred by the Secretary in conducting
referenda under this chapter, except for the salaries of Government
employees.
(f) False claims
Such order shall provide that any promotion funded with assessments
collected under subsection (d) of this section may not make--
(1) any false or unwarranted claims on behalf of limes; and
(2) any false or unwarranted statements with respect to the
attributes or use of any product that competes with limes for sale
in commerce.
(g) Prohibition on use of funds
Such order shall provide that funds collected by the Board under
this chapter through assessments authorized by this chapter may not, in
any manner, be used for the purpose of influencing legislation or
governmental policy or action, except for making recommendations to the
Secretary as provided for in this chapter.
(h) Books, records, and reports
(1) By the Board
Such order shall require the Board--
(A) to maintain books and records with respect to the
receipt and disbursement of funds received by the Board;
(B) to submit to the Secretary from time to time such
reports as the Secretary may require for appropriate accounting;
and
(C) to submit to the Secretary at the end of each fiscal
year a complete audit report regarding the activities of the
Board during such fiscal year.
(2) By others
So that information and data will be available to the Board and
the Secretary that is appropriate or necessary for the effectuation,
administration, or enforcement of this chapter (or any order or
regulation issued under this chapter), such order shall require
handlers, producer-handlers, and importers who are responsible for
the collection, payment, or remittance of assessments under
subsection (d) of this section--
(A) to maintain and make available for inspection by the
employees of the Board and the Secretary such books and records
as may be required by the order; and
(B) to file, at the times, in the manner, and having the
content prescribed by the order, reports regarding the
collection, payment, or remittance of such assessments.
(i) Confidentiality
(1) In general
Such order shall require that all information obtained pursuant
to subsection (h)(2) of this section shall be kept confidential by
all officers and employees of the Department and of the Board. Only
such information as the Secretary considers relevant shall be
disclosed to the public and only in a suit or administrative
hearing, brought at the request of the Secretary or to which the
Secretary or any officer of the United States is a party, involving
the order with respect to which the information was furnished or
acquired.
(2) Limitations
Nothing in this subsection prohibits--
(A) issuance of general statements based on the reports of a
number of handlers, producer-handlers, and importers subject to
an order, if the statements do not identify the information
furnished by any person; or
(B) the publication by direction of the Secretary, of the
name of any person violating an order issued under section
6203(a) of this title, together with a statement of the
particular provisions of the order violated by such person.
(j) Withholding information
Nothing in this chapter shall be construed to authorize the
withholding of information from Congress.
(Pub. L. 101-624, title XIX, Sec. 1955, Nov. 28, 1990, 104 Stat. 3872;
Pub. L. 102-237, title VIII, Sec. 805(1), Dec. 13, 1991, 105 Stat. 1882;
Pub. L. 103-194, Sec. 4, Dec. 14, 1993, 107 Stat. 2295.)
Amendments
1993--Subsec. (b)(1)(A), (2)(B). Pub. L. 103-194, Sec. 4(a)(1), (2),
substituted ``3'' for ``7''.
Subsec. (b)(2)(F). Pub. L. 103-194, Sec. 4(a)(3), inserted at end
``The Secretary shall terminate the initial Board established under this
subsection as soon as practicable after December 14, 1993.''
Subsec. (b)(2)(G). Pub. L. 103-194, Sec. 4(a)(4), added subpar. (G).
Subsec. (b)(4). Pub. L. 103-194, Sec. 4(b)(1), substituted ``The
initial members of the Board appointed under the amended order shall
serve a term of 30 months. Subsequent appointments to the Board shall be
for a term of 3 years, except that--'' for ``Members of the Board shall
be appointed for a term of 3 years. Of the members first appointed--''.
Subsec. (b)(4)(A). Pub. L. 103-194, Sec. 4(b)(2), substituted ``2''
for ``3''.
Subsec. (b)(4)(B). Pub. L. 103-194, Sec. 4(b)(3), substituted ``2''
for ``4'' before ``members''.
Subsec. (b)(4)(C). Pub. L. 103-194, Sec. 4(b)(4), substituted ``3''
for ``4'' before ``members''.
Subsec. (d)(5). Pub. L. 103-194, Sec. 4(c), substituted ``200,000''
for ``35,000'', wherever appearing.
1991--Subsec. (e)(1)(B). Pub. L. 102-237 substituted ``Government
employees'' for ``government employees''.
Section Referred to in Other Sections
This section is referred to in sections 6202, 6205, 6209 of this
title.
