7 USC 6005 - Required terms in plans

U.S Code last checked for updates: Nov 24, 2024

§ 6005.

Required terms in plans

(a)

In general

(b)

Pecan Marketing Board

(1)

Establishment

(2)

Service to entire industry

(3)

Board membership

The Board shall consist of 15 members, including—

(A)

8 members who are growers;

(B)

4 members who are shellers;

(C)

one member who is a first handler and who derives over 50 percent of the member’s gross income from buying and selling pecans;

(D)

one member who is an importer of pecans into the United States, nominated by the Board;

(E)

one member representing the general public, nominated by the Board; and

(F)

at the option of the Board, a consultant or advisor representing the views of pecan producers in a country other than the United States who may be chosen to attend Board functions as a nonvoting member.

(4)

Representation of members

(A)

Grower representatives

(B)

Sheller representatives

Of the shellers referred to in paragraph (3)(B)—

(i)

2 members shall be selected from among shellers whose place of residence is east of the Mississippi River; and

(ii)

2 members shall be selected from among shellers whose place of residence is west of the Mississippi River.

(C)

First handler representative

(D)

Importer representative

(E)

Public representative

(5)

Alternate for each member

(6)

Limitation on State residence

(7)

Modifying Board membership

In accordance with regulations approved by the Secretary, at least once each 3 years and not more than once each 2 years, the Board shall—

(A)

review the geographic distribution of pecan production throughout the United States; and

(B)

if warranted, recommend to the Secretary that the Secretary reapportion a district in order to reflect the geographic distribution of pecan production.

(8)

Selection process for members

(A)

Publicity

(B)

Eligibility

(C)

Selection of nominees

(D)

Certification

(E)

Appointment

(F)

Rejection of nominees

(G)

Initial Board

(H)

Failure to nominate

(9)

Terms of office

(A)

In general

(B)

Termination of terms

(C)

Limitation on terms

(D)

Vacancies

(i)

Submitting nominations

(ii)

Lack of nominations

(10)

Compensation

(c)

Powers and duties of Board

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

(1)

to administer the plan in accordance with its terms and conditions;

(2)

to make regulations to effectuate the terms and conditions of the plan;

(3)

to meet, organize, and select from among members of the Board a chairperson, other officers, and committees and subcommittees, as the Board determines appropriate;

(4)

to establish working committees of persons other than Board members;

(5)

to employ such persons, other than Board members, as the Board considers necessary and to determine the compensation and define the duties of such persons;

(6)

to prepare and submit for the approval of the Secretary, prior to the beginning of each fiscal period, a recommended rate of assessment under section 6007 of this title, and a fiscal period budget of the anticipated expenses in the administration of the plan, including the probable costs of all programs and projects;

(7)

to develop programs and projects, subject to subsection (d);

(8)

to enter into contracts or agreements, subject to subsection (e), to develop and carry out programs or projects of promotion, research, industry information and consumer information;

(9)

to carry out research, promotion, industry information, and consumer information, and to pay the costs of such projects with assessments collected pursuant to section 6007 of this title;

(10)

to keep minutes, books, and records that reflect the actions and transactions of the Board, and promptly report minutes of each Board meeting to the Secretary;

(11)

to appoint and convene, from time to time, working committees comprised of growers, grower-shellers, first handlers, shellers, importers, and the public to assist in the development of research, promotion, industry information, and consumer information programs for pecans;

(12)

to invest, pending disbursement under a program 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 be used for any purpose for which the invested funds may be used;

(13)

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

(14)

to furnish the Secretary with such information as the Secretary may request;

(15)

to recommend to the Secretary amendments to the plan; and

(16)

to develop and recommend to the Secretary for approval such regulations as may be necessary for the development and execution of programs or projects, or as may otherwise be necessary, to carry out the plan.

(d)

Programs and budgets

(1)

Submission to Secretary

(2)

Budgets

(3)

Incurring expenses

(4)

Paying expenses

(5)

Authority to borrow

(6)

Limitation on spending

(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 Board a program or project together with a budget or budgets that shall show estimated costs to be incurred for such program or project;

(B)

the program 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 Board of activities conducted, and make such other reports as the Board or the Secretary may require.

(3)

Grower and grower-sheller organizations

(f)

Books and records of Board

(1)

In general

The plan shall require the Board 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 Board.

(2)

Audits

(g)

Prohibition

The Board shall not engage in any action to, nor shall any funds received by the Board under this chapter be used to—

(1)

influence legislation or governmental action, other than recommending to the Secretary amendments to the plan;

(2)

engage in any action that would be a conflict of interest; or

(3)

engage in any advertising that may be false or misleading.

(h)

Books and records

(1)

In general

The plan shall require that each first handler, grower-sheller, or importer shall—

(A)

maintain and submit to the Board any reports considered necessary by the Secretary to ensure compliance with this chapter; and

(B)

make available during normal business hours, for inspection by employees of the Board or Secretary, such books and records as are necessary to carry out this chapter, including such records as are necessary to verify any required reports.

(2)

Time requirement

(3)

Confidentiality

(A)

In general

(B)

Disclosure

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

(i)

the Secretary considers the information relevant;

(ii)

the information is revealed in a suit or administrative hearing brought at the direction or on the request of the Secretary or to which the Secretary or any officer of the Department is a party; and

(iii)

the information relates to this chapter.

(C)

Misconduct

(D)

General statements

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 plan 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 plan, together with a statement of the particular provisions of the plan violated by such person.

(4)

Availability of information

(A)

Exception

(B)

Penalty

(5)

Withholding information

(i)

Use of assessments

(j)

Other terms and conditions

(Pub. L. 101–624, title XIX, § 1910, Nov. 28, 1990, 104 Stat. 3841; Pub. L. 102–237, title VIII, § 802(2), Dec. 13, 1991, 105 Stat. 1882.)

cite as: 7 USC 6005