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U.S. Code as of:
01/03/05
Section 3404. Permissive terms and conditions of orders
Any order issued pursuant to this chapter shall contain one or
more of the following terms and conditions, and, except as provided
in section 3405 of this title, no others:
(a) Nutrition education plans
providing for the establishment, issuance, effectuation, and
administration of appropriate plans or projects for nutrition
education, both within the United States and in international
markets with respect to wheat, processed wheat, and end products,
and for the disbursement of necessary funds for such purposes:
Provided, That in carrying out any such plan or project, 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 wheat, processed wheat, and end products of
other person: Provided further, That no such plans or projects
shall make use of unfair or deceptive acts or practices in behalf
of wheat, processed wheat, and end products or unfair or deceptive
acts or practices with respect to quality, value, or use of any
competing product;
(b) Research and studies
providing for the establishment and conduct of research or
studies with respect to sale, distribution, marketing, utilization,
or production of wheat, processed wheat, and end products and the
creation of new products thereof to the end that the marketing and
utilization of wheat, processed wheat, and end products may be
encouraged, expanded, improved, or made more acceptable, and for
the disbursement of necessary funds for such purposes;
(c) Records and reports; confidential information; penalties
providing that processors, distributors of processed wheat, and
end product manufacturers shall maintain and make available for
inspection by the Secretary or the Council such books and records
as may be required by any order issued pursuant to this title and
for the filing of reports by such persons at the time, in the
manner, and having the content prescribed by the order, to the end
that information shall be made available to the Council and to the
Secretary which are appropriate or necessary to the effectuation,
administration, or enforcement of this chapter, or of any order or
regulation issued pursuant to this chapter: Provided, That all
information so obtained shall be kept confidential by all officers
and employees of the Department, the Council, and by all officers
and employees of contracting agencies having access to such
information, 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, or to which the Secretary 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 the number of persons subject to an order or statistical
data collected therefrom, which statements do not identify the
information furnished by any person, (2) the publication, by
direction of the Secretary, of general statements relating to
refunds made by the Council during any specific period, or (3) the
publication by direction of the Secretary of the name of any person
who has been adjudged to have violated any order, together with a
statement of the particular provisions of the order violated by
such person. Any such officer or employee of the Department, the
Council, or a contracting agency violating the provisions of this
clause shall, upon conviction, be subject to a fine of not more
than $1,000 or to imprisonment for not more than one year, or both,
and if an officer or employee of the Council or Department shall be
removed from office;
(d) Assessment exemption
providing for exemption of specified end products, or types or
categories thereof, from the assessments required to be paid under
section 3405 of this title under such conditions and procedures as
may be prescribed in the order or rules and regulations issued
thereunder; and
(e) Miscellaneous terms and conditions
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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