7 USC 7484 - Required terms in orders

U.S Code last checked for updates: Nov 22, 2024

§ 7484.

Required terms in orders

(a)

In general

(b)

Establishment and membership of Popcorn Board

(1)

In general

(2)

Nominations

(3)

Geographical diversity

(4)

Terms

(5)

Compensation and expenses

(c)

Powers and duties of Board

The order shall define the powers and duties of the Board, which shall include the power and duty—

(1)

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

(2)

to issue regulations to effectuate the terms and provisions of the order;

(3)

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

(4)

to propose, receive, evaluate, and approve budgets, plans, and projects of promotion, research, consumer information, and industry information, and to contract with appropriate persons to implement the plans or projects;

(5)

to accept and receive voluntary contributions, gifts, and market promotion or similar funds;

(6)

to invest, pending disbursement under a plan or project, funds collected through assessments authorized under subsection (f), only in—

(A)

obligations of the United States or an agency of the United States;

(B)

general obligations of a State or a political subdivision of a State;

(C)

an 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;

(7)

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

(8)

to recommend to the Secretary amendments to the order.

(d)

Plans and budgets

(1)

In general

(2)

Budgets

(e)

Contracts and agreements

(1)

In general

(2)

Requirements

A contract or agreement under paragraph (1) shall provide that—

(A)

the contracting party shall develop and submit to the Board a plan or project, together with a budget that shows the estimated costs to be incurred for the 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 each transaction of the party, account for funds received and expended, make periodic reports to the Board of activities conducted, and make such other reports as the Board or the Secretary may require.

(3)

Processor organizations

(f)

Assessments

(1)

Processors

(2)

Direct marketers

(3)

Rate

(A)

In general

(B)

Adjustment of rate

(4)

Use of assessments

(A)

In general

Subject to subparagraphs (B) and (C) and subsection (c)(5), the order shall provide that the assessments collected shall be used by the Board—

(i)

to pay expenses incurred in implementing and administering the order, with provision for a reasonable reserve; and

(ii)

to cover such administrative costs as are incurred by the Secretary, except that the administrative costs incurred by the Secretary (other than any legal expenses incurred to defend and enforce the order) that may be reimbursed by the Board may not exceed 15 percent of the projected annual revenues of the Board.

(B)

Expenditures based on source of assessments

In implementing plans and projects of promotion, research, consumer information, and industry information, the Board shall expend funds on—

(i)

plans and projects for popcorn marketed in the United States or Canada in proportion to the amount of assessments collected on domestically marketed popcorn; and

(ii)

plans and projects for exported popcorn in proportion to the amount of assessments collected on exported popcorn.

(C)

Notification

(g)

Prohibition on use of funds

(h)

Books and records of Board

The order shall require the Board to—

(1)

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

(2)

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

(3)

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

(i)

Books and records of processors

(1)

Maintenance and reporting of information

The order shall require that each processor of popcorn for the market shall—

(A)

maintain, and make available for inspection, such books and records as are required by the order; and

(B)

file reports at such time, in such manner, and having such content as is prescribed in the order.

(2)

Use of information

(3)

Confidentiality

(A)

In general

(B)

Disclosure by Secretary

Information referred to in subparagraph (A) may be disclosed if—

(i)

the Secretary considers the information relevant;

(ii)

the information is revealed 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; and

(iii)

the information relates to the order.

(C)

Disclosure to other agency of Federal Government

(i)

In general

(ii)

Penalty

(D)

General statements

Nothing in this paragraph prohibits—

(i)

the issuance of general statements based on the reports of a number of persons subject to an order or statistical data collected from the reports, if the statements do not identify the information provided by any person; or

(ii)

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

(j)

Other terms and conditions

(Pub. L. 104–127, title V, § 575, Apr. 4, 1996, 110 Stat. 1077.)

cite as: 7 USC 7484