View all text of Chapter 60 [§ 2701 - § 2718]
§ 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
(b) Composition of Board
(c) Advertising, sales promotion, consumer education, and research and development plans or projects; development and submittal to Secretary by Board
(d) Budgets; submittal to Secretary by Board
(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
(g) Contracts or agreements by Board for implementation of orders and payment of costs; required provisions
(h) Restriction on use of funds collected by Board for political purposes
(i) Compensation and expenses of members of Board
(j) Reasonable costs limitation for collection of assessments and for an administrative staff
(Pub. L. 93–428, § 8, Oct. 1, 1974, 88 Stat. 1174; Pub. L. 96–276, §§ 2–4, June 17, 1980,