|
U.S. Code as of:
01/03/05
Section 2707. Required terms and conditions in orders
Orders issued pursuant to this chapter shall contain the
following conditions:
(a) Egg Board; establishment; appointment and terms of membership;
powers and duties
Providing for the establishment and appointment, by the
Secretary, of an Egg Board which shall consist of not more than
twenty members, and alternates therefor, and defining its powers
and duties which shall include only the powers (1) to administer
such order in accordance with its terms and provisions, (2) to make
rules and regulations to effectuate the terms and provisions of
such order, (3) to receive, investigate and report to the Secretary
complaints of violations of such order, and (4) to recommend to the
Secretary amendments to such order. The term of an appointment to
the Egg Board shall be for two years with no member serving more
than three consecutive terms, except that initial appointment shall
be proportionately for two-year and three-year terms.
(b) Composition of Board
Providing that the Egg Board, and alternates therefor, shall be
composed of egg producers or representatives of egg producers
appointed by the Secretary from nominations submitted by eligible
organizations, associations, or cooperatives, and certified
pursuant to section 2715 of this title, or, if the Secretary
determines that a substantial number of egg producers are not
members of or their interests are not represented by any such
eligible organizations, associations or cooperatives, then from
nominations made by such egg producers in the manner authorized by
the Secretary, so that the representation of egg producers on the
Board shall reflect, to the extent practicable, the proportion of
eggs produced in each geographic area of the United States as
defined by the Secretary: Provided, however, That each such egg
producing geographic area shall be entitled to at least one
representative on the Egg Board: Provided further, That two members
of the Egg Board, and alternates therefor, shall be consumers or
representatives of consumers, if approved by egg producers voting
in a referendum on an amendment to the order. Such consumer
appointments shall be made by the Secretary from nominations
submitted by eligible organizations. If the Secretary determines
that such nominees are not members of either a bona fide consumer
organization or do not represent consumers, the Secretary may
appoint such consumers or representatives of consumers as deemed
necessary to properly represent the interest of consumers. Consumer
members of the Egg Board shall be voting members.
(c) Advertising, sales promotion, consumer education, and research
and development plans or projects; development and submittal to
Secretary by Board
Providing that the Egg Board shall, subject to the provisions of
subsection (g) of this section, develop and submit to the Secretary
for his approval any advertising, sales promotion, consumer
education, research, and development plans or projects, and that
any such plan or project must be approved by the Secretary before
becoming effective.
(d) Budgets; submittal to Secretary by Board
Providing that the Egg Board shall, subject to the provisions of
subsection (g) of this section, submit to the Secretary for his
approval budgets on a fiscal period basis of its anticipated
expenses and disbursements in the administration of the order,
including probable costs of advertising, promotion, consumer
education, research, and development projects. In preparing a
budget for each of the 1994 and subsequent fiscal years, the Egg
Board shall, to the maximum extent practicable, allocate a
proportion of funds for research projects under this chapter that
is comparable to the proportion of funds that were allocated for
research projects under this chapter in the budget of the Egg Board
for fiscal year 1993.
(e) Assessment payments by egg producers to egg handlers;
implementation pursuant to order of Board; determination of
amount; collection of assessment; rate limitation; maintenance of
suit for collection
(1) Providing that each egg producer shall pay to the handler of
eggs designated by the order of the Egg Board pursuant to
regulations issued under the order, an assessment based upon the
number of cases of commercial eggs handled for the account of such
producer, in the manner as prescribed by the order, for such
expenses and expenditures - including provision for a reasonable
reserve and those administrative costs incurred by the Department
after an order has been promulgated under this chapter - as the
Secretary finds are reasonable and likely to be incurred by the Egg
Board under the order during any period specified by him. Such
handler shall collect such assessment from the producer and shall
pay the same to the Egg Board in the manner as prescribed by the
order.
(2)(A) The assessment rate shall be prescribed by the order. The
rate shall not exceed 20 cents per case (or the equivalent of a
case) of commercial eggs.
(B) The order may be amended to increase the rate of assessment
if the increase is recommended by the Egg Board and approved by egg
producers in a referendum conducted under section 2708(b) of this
title.
(C) The order may be amended to decrease the assessment rate
after public notice and opportunity for comment in accordance with
section 553 of title 5 and without regard to sections 556 and 557
of such title.
(3) To facilitate the collection of such assessments, the order
of the Egg Board may designate different handlers or classes of
handlers to recognize differences in marketing practices or
procedures utilized in the industry. The Secretary may maintain a
suit against any person subject to the order for the collection of
such assessment, and the several district courts of the United
States are hereby vested with jurisdiction to entertain such suits
regardless of the amount in controversy.
(f) Recordkeeping and reporting requirements; accounting by Board
Providing that the Egg Board shall maintain such books and
records and prepare and submit such reports from time to time, to
the Secretary as he may prescribe, and for appropriate accounting
by the Egg Board with respect to the receipt and disbursement of
all funds entrusted to it.
(g) Contracts or agreements by Board for implementation of orders
and payment of costs; required provisions
Providing that the Egg Board, with the approval of the Secretary,
may enter into contracts or agreements for development and carrying
out of the activities authorized under the order pursuant to
section 2706(a) and (b) of this title and for the payment of the
cost thereof with funds collected pursuant to the order. Any such
contract or agreement shall provide that such contractors shall
develop and submit to the Egg Board a plan or project together with
a budget or budgets which shall show estimated costs to be incurred
for such plan or project, and that any such plan or project shall
become effective upon the approval of the Secretary, and further,
shall provide that the contracting party shall keep accurate
records of all of its transactions and make periodic reports to the
Egg Board of activities carried out and an accounting for funds
received and expended, and such other reports as the Secretary may
require.
(h) Restriction on use of funds collected by Board for political
purposes
Providing that no funds collected by the Egg Board under the
order shall in any manner be used for the purpose of influencing
governmental policy or action, except as provided by subsection
(a)(4) of this section.
(i) Compensation and expenses of members of Board
Providing that the Board members, and alternates therefor, shall
serve without compensation, but shall be reimbursed for their
reasonable expenses incurred in performing their duties as members
of the Board.
(j) Reasonable costs limitation for collection of assessments and
for an administrative staff
Providing that the total costs incurred by the Egg Board for a
fiscal year in collecting producer assessments and having an
administrative staff shall not exceed an amount of the projected
total assessments to be collected by the Egg Board for such fiscal
year that the Secretary determines to be reasonable.
|
|