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U.S. Code as of:
01/03/05
Section 2105. Permissive terms and conditions in orders
Orders issued pursuant to this chapter shall contain one or more
of the following terms and conditions, and except as provided in
section 2106 of this title, no others.
(a) Providing for the establishment, issuance, effectuation, and
administration of appropriate plans or projects for the advertising
and sales promotion of cotton and its products and for the
disbursement of necessary funds for such purposes: Provided,
however, That any such plan or project shall be directed toward
increasing the general demand for cotton or its products but no
reference to a private brand or trade name shall be made if the
Secretary determines that such reference will result in undue
discrimination against the cotton products of other persons: And
provided further, That no such advertising or sales promotion
programs shall make use of false or unwarranted claims in behalf of
cotton or its products or false or unwarranted statements with
respect to the quality, value, or use of any competing product.
(b) Providing for establishing and carrying on research and
development projects and studies with respect to the production,
ginning, processing, distribution, or utilization of cotton and its
products, to the end that the marketing and utilization of cotton
may be encouraged, expanded, improved, or made more efficient, and
for the disbursement of necessary funds for such purposes.
(c) Providing that handlers or any class of handlers maintain and
make available for inspection such books and records as may be
required by the order and for the filing of reports by such
handlers at the times, in the manner, and having the content
prescribed by the order, to the end that information and data shall
be made available to the Cotton Board and to the Secretary which is
appropriate or necessary to the effectuation, administration, or
enforcement of this chapter or of any order or regulation issued
pursuant to this chapter: Provided, however, That all information
so obtained shall be kept confidential by all officers and
employees of the Department of Agriculture and of the Cotton Board,
and only such information so furnished or acquired as the Secretary
deems relevant shall be disclosed by them, and then only in a suit
or administrative hearing brought at the direction, or upon the
request, of the Secretary of Agriculture, or to which he or any
officer of the United States is a party, and involving the order
with reference to which the information so to be disclosed was
furnished or acquired. Nothing in this section shall be deemed to
prohibit (1) the issuance of general statements based upon the
reports of a number of handlers subject to an order, which
statements do not identify the information furnished by any person,
or (2) the publication by direction of the Secretary, of the name
of any person violating any order, together with a statement of the
particular provisions of the order violated by such person. Any
such officer or employee violating the provisions of this
subsection shall upon conviction be subject to a fine of not more
than $1,000 or to imprisonment for not more than one year, or to
both, and shall be removed from office.
(d) Terms and conditions incidental to and not inconsistent with
the terms and conditions specified in this chapter and necessary to
effectuate the other provisions of such order.
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