View all text of Chapter 93 [§ 6401 - § 6417]
§ 6407. Required terms in orders
(a) In general
(b) National Processor Advertising and Promotion Board
(1) Establishment
(2) Service to entire industry
(3) Regions
(4) Board membership
(5) Terms of office
(6) Compensation
(c) Powers and duties of Board
The order shall define the powers and duties of the Board, which shall include the power and duty—
(1) to administer the order in accordance with the terms and conditions of the order;
(2) to make rules to effectuate the terms and conditions of the order;
(3) to receive, investigate, and report to the Secretary complaints of violations of the order;
(4) to develop and recommend such rules, regulations, and amendments to the order to the Secretary for approval as may be necessary for the development and execution of programs or projects to carry out the order;
(5) to employ such persons as the Board considers necessary and determine the compensation and define the duties of the persons;
(6) to prepare and submit for the approval of the Secretary, prior to the beginning of each fiscal year, a fiscal year budget of the anticipated expenses in the administration of the order, 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, with the approval of the Secretary, to develop and carry out programs or projects of research and advertising;
(9) to carry out advertising or research, and pay the costs of the projects with funds collected pursuant to section 6409 of this title;
(10) to keep minutes, books, and records that reflect all of the acts and transactions of the Board, and promptly report minutes of each Board meeting to the Secretary;
(11) to furnish the Secretary with such other information as the Secretary may require; and
(12) to invest funds collected by the Board pursuant to subsection (g).
(d) Plans and budgets
(1) Budgets
(2) Incurring expenses
(3) Paying expenses
(4) Limitation on spending
(e) Prohibition on branded advertising
(f) 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 disclose 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 the transactions of the contracting party, 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.
(g) Investment of funds
(1) In general
The order shall provide that the Board, with the approval of the Secretary, may invest assessment funds collected by the Board under the order, pending disbursement of the funds, 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.
(2) Income
(h) Books and records of Board
(1) In general
The order 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
(i) Books and records of processors
(1) In general
(2) Use of information
(3) Confidentiality
(A) In general
(B) Availability of information
(C) Other exceptions
Nothing in subparagraph (A) may be construed to prohibit—
(i) the issuance of general statements, based on the reports, of the number of persons subject to an order or statistical data collected from the persons, 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 any order, together with a statement of the particular provisions of the order violated by the person.
(4) Penalty
(5) Withholding information
(6) Time requirement
(j) Prohibition on use of funds to influence governmental action
(1) In general
(2) Exception
(k) Coordination
(l) Exemptions
(m) Report
(n) Other terms and conditions
(Pub. L. 101–624, title XIX, § 1999H, Nov. 28, 1990, 104 Stat. 3916.)