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7 U.S.C. § 7415 — Permissive terms in orders
Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemptions** An order issued under this subchapter may contain—
(1) authority for the Secretary to exempt from the order any de minimis quantity of an agricultural commodity otherwise covered by the order; and
(2) authority for the board established under the order to require satisfactory safeguards against improper use of the exemption.
**(b) Different payment and reporting schedules** An order issued under this subchapter may contain authority for the board established under the order to designate different payment and reporting schedules to recognize differences in agricultural commodity industry marketing practices and procedures used in different production and importing areas.
**(c) Activities** An order issued under this subchapter may contain authority to develop and carry out research, promotion, and information activities designed to expand, improve, or make more efficient the marketing or use of the agricultural commodity covered by the order in domestic and foreign markets. [Section 7414(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7414/e&num=0&edition=prelim) shall apply with respect to activities authorized under this subsection.
**(d) Reserve funds** An order issued under this subchapter may contain authority to reserve funds from assessments collected under [section 7416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7416&num=0&edition=prelim) to permit an effective and continuous coordinated program of research, promotion, and information in years when the yield from assessments may be reduced, except that the amount of funds reserved may not exceed the greatest aggregate amount of the anticipated disbursements specified in budgets approved under [secti
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Stable record: federal_law:legal_authorities:record_usc_1d61e773576fa824ae631931
Source file: Laws/federal/codes/united-states-code/title-7/section-7415-permissive-terms-in-orders--b33ddcbb97.md
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Source location: Title 7, Chapter 101, § 7415; chapter-101-agricultural-promotion.md
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**(a) Exemptions** An order issued under this subchapter may contain—
(1) authority for the Secretary to exempt from the order any de minimis quantity of an agricultural commodity otherwise covered by the order; and
(2) authority for the board established under the order to require satisfactory safeguards against improper use of the exemption.
**(b) Different payment and reporting schedules** An order issued under this subchapter may contain authority for the board established under the order to designate different payment and reporting schedules to recognize differences in agricultural commodity industry marketing practices and procedures used in different production and importing areas.
**(c) Activities** An order issued under this subchapter may contain authority to develop and carry out research, promotion, and information activities designed to expand, improve, or make more efficient the marketing or use of the agricultural commodity covered by the order in domestic and foreign markets. [Section 7414(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7414/e&num=0&edition=prelim) shall apply with respect to activities authorized under this subsection.
**(d) Reserve funds** An order issued under this subchapter may contain authority to reserve funds from assessments collected under [section 7416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7416&num=0&edition=prelim) to permit an effective and continuous coordinated program of research, promotion, and information in years when the yield from assessments may be reduced, except that the amount of funds reserved may not exceed the greatest aggregate amount of the anticipated disbursements specified in budgets approved under [section 7414(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7414/e&num=0&edition=prelim) by the Secretary for any 2 fiscal years.
**(e) Credits**
(1) **Generic activities** — An order issued under this subchapter may contain authority to provide credits of assessments for those individuals who contribute to other similar generic research, promotion, and information programs at the State, regional, or local level.
(2) **Branded activities**
(A) *In general* — The Secretary may permit a farmer cooperative that engages in branded activities relating to the marketing of the products of members of the cooperative to receive an annual credit for the activities and related expenditures in the form of a deduction of the total cost of the activities and related expenditures from the amount of any assessment that would otherwise be required to be paid by the producer members of the cooperative under an order issued under this subchapter.
(B) *Election by cooperative* — A farmer cooperative may elect to voluntarily waive the application of subparagraph (A) to the cooperative.
**(f) Assessment of imports** An order issued under this subchapter may contain authority for the board established under the order to assess under [section 7416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7416&num=0&edition=prelim) an imported agricultural commodity, or products of such an agricultural commodity, at a rate comparable to the rate determined by the appropriate board for the domestic agricultural commodity covered by the order.
**(g) Other authority** An order issued under this subchapter may contain authority to take any other action that—
(1) is not inconsistent with the purpose of this subchapter, any term or condition specified in [section 7414 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7414&num=0&edition=prelim), or any rule issued to carry out this subchapter; and
(2) is necessary to administer the order.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Each order shall contain the terms and conditions specified in this section.
**(b) Board**
(1) **Establishment** — Each order shall establish a board to carry out a program of generic promotion, research, and information regarding the agricultural commodity covered by the order and intended to effectuate the purpose of this subchapter.
(2) **Board membership**
(A) *Number of members* — Each board shall consist of the number of members considered by the Secretary, in consultation with the agricultural commodity industry involved, to be appropriate to administer the order. In addition to members, the Secretary may also provide for alternates on the board.
(B) *Appointment* — The Secretary shall appoint the members and any alternates of a board from among producers of the agricultural commodity and first handlers and others in the marketing chain as appropriate. If imports of the agricultural commodity covered by an order are subject to assessment under [section 7415(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7415/f&num=0&edition=prelim), the Secretary shall also appoint importers as members of the board and as alternates if alternates are included on the board. The Secretary may appoint 1 or more members of the general public to each board.
(C) *Nominations* — The Secretary may make appointments from nominations made pursuant to the method set forth in the order.
(D) *Geographical representation* — To ensure fair and equitable representation of the agricultural commodity industry covered by an order, the composition of each board shall reflect the geographical distribution of the production of the agricultural commodity involved in the United States and the quantity or value of the agricul
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assessments authorized** While an order issued under this subchapter is in effect with respect to an agricultural commodity, assessments shall be—
(1) paid by first handlers with respect to the agricultural commodity produced and marketed in the United States; and
(2) paid by importers with respect to the agricultural commodity imported into the United States, if the imported agricultural commodity is covered by the order pursuant to [section 7415(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7415/f&num=0&edition=prelim).
**(b) Collection** Assessments required under an order shall be remitted to the board established under the order at the time and in the manner prescribed by the order.
**(c) Limitation on assessments** Not more than 1 assessment may be levied on a first handler or importer under subsection (a) with respect to any agricultural commodity.
**(d) Assessment rates** The board shall recommend to the Secretary 1 or more rates of assessment to be levied under subsection (a). If approved by the Secretary, the rates shall take effect. An order may provide that an assessment rate may not be increased unless approved by a referendum conducted pursuant to [section 7417 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7417&num=0&edition=prelim).
**(e) Late-payment and interest charges**
(1) **In general** — Late-payment and interest charges may be levied on each person subject to an order who fails to remit an assessment in accordance with subsection (b).
(2) **Rate** — The rate for the charges shall be specified by the Secretary.
**(f) Investment of assessments** Pending disbursement of assessments under a budget approved by the Secretary, a board may invest asse
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Federal law — U.S. Code and appendices · legal_authorities
Page 2012
TITLE 7—AGRICULTURE
§ 7415
and information activities undertaken under the
order.
(i) Books and records of persons covered by
order
(1) In general
Each order shall require that producers, first
handlers and other persons in the marketing
chain as appropriate, and importers covered
by the order shall—
(A) maintain records sufficient to ensure
compliance with the order and regulations;
(B) submit to the board established under
the order any information required by the
board to carry out its responsibilities under
the order; and
(C) make the records described in subpara-
graph (A) available, during normal business
hours, for inspection by employees or agents
of the board or the Department, including
any records necessary to verify information
required under subparagraph (B).
(2) Time requirement
Any record required to be maintained under
paragraph (1) shall be maintained for such
time period as the Secretary may prescribe.
(3) Other information
The Secretary may use, and may authorize
the board to use under this subchapter, infor-
mation regarding persons subject to an order
that is collected by the Department under any
other law.
(4) Confidentiality of information
(A) In general
Except as otherwise provided in this sub-
chapter, all information obtained under
paragraph (1) or as part of a referendum
under section 7417 of this title shall be kept
confidential by all officers, employees, and
agents of the Department and of the board.
(B) Disclosure
Information referred to in subparagraph
(A) may be disclosed only if—
(i) the Secretary considers the informa-
tion relevant; and
(ii) the information is revealed in a judi-
cial proceeding or administrative hearing
brought at the direction or on the request
of the Secretary or to
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