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7 U.S.C. § 2105 — Permissive terms and conditions in orders
Federal law — U.S. Code and appendices · legal_authorities
Orders issued pursuant to this chapter shall contain one or more of the following terms and conditions, and except as provided in [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2106&num=0&edition=prelim), no others.
**(a)** Providing for the establishment, issuance, effectuation, and administration of appropriate plans or projects for the advertising and sales promotion of cotton and its products and for the disbursement of necessary funds for such purposes: Provided, however, That any such plan or project shall be directed toward increasing the general demand for cotton or its products but 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 the cotton products of other persons: And provided further, That no such advertising or sales promotion programs shall make use of false or unwarranted claims in behalf of cotton or its products or false or unwarranted statements with respect to the quality, value, or use of any competing product.
**(b)** Providing for establishing and carrying on research and development projects and studies with respect to the production, ginning, processing, distribution, or utilization of cotton and its products, to the end that the marketing and utilization of cotton may be encouraged, expanded, improved, or made more efficient, and for the disbursement of necessary funds for such purposes.
**(c)** Providing that handlers or any class of handlers maintain and make available for inspection such books and records as may be required by the order and for the filing of reports by such handlers at the times, in the manner, and having the content prescribed by the order, to the end that informa
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Stable record: federal_law:legal_authorities:record_usc_964d17548156c8b3fe9966c6
Source file: Laws/federal/codes/united-states-code/title-7/section-2105-permissive-terms-and-conditions-in-orders--00b3d07494.md
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Source location: Title 7, Chapter 53, § 2105; chapter-053-cotton-research-and-promotion.md
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Orders issued pursuant to this chapter shall contain one or more of the following terms and conditions, and except as provided in [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2106&num=0&edition=prelim), no others.
**(a)** Providing for the establishment, issuance, effectuation, and administration of appropriate plans or projects for the advertising and sales promotion of cotton and its products and for the disbursement of necessary funds for such purposes: Provided, however, That any such plan or project shall be directed toward increasing the general demand for cotton or its products but 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 the cotton products of other persons: And provided further, That no such advertising or sales promotion programs shall make use of false or unwarranted claims in behalf of cotton or its products or false or unwarranted statements with respect to the quality, value, or use of any competing product.
**(b)** Providing for establishing and carrying on research and development projects and studies with respect to the production, ginning, processing, distribution, or utilization of cotton and its products, to the end that the marketing and utilization of cotton may be encouraged, expanded, improved, or made more efficient, and for the disbursement of necessary funds for such purposes.
**(c)** Providing that handlers or any class of handlers maintain and make available for inspection such books and records as may be required by the order and for the filing of reports by such handlers at the times, in the manner, and having the content prescribed by the order, to the end that information and data shall be made available to the Cotton Board and to the Secretary which is appropriate or necessary to the effectuation, administration, or enforcement of this chapter or of any order or regulation issued pursuant to this chapter: Provided, however, That all information so obtained shall be kept confidential by all officers and employees of the Department of Agriculture and of the Cotton Board, 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 of Agriculture, or to which he 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 a number of handlers subject to an order, which statements do not identify the information furnished by any person, or (2) 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 such person. Any such officer or employee violating the provisions of this subsection shall upon conviction be subject to a fine of not more than $1,000 or to imprisonment for not more than one year, or to both, and shall be removed from office.
**(d)** 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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Federal law — U.S. Code and appendices · legal_authorities
Orders issued pursuant to this chapter shall contain the following terms and conditions:
**(a)** Providing for the establishment and selection by the Secretary, of a Cotton Board, 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, including the designation of the person responsible for collecting the assessment;
(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.
**(b)** Providing that the Cotton Board shall be composed of (1) representatives of cotton producers selected by the Secretary, from nominations submitted by eligible producer organizations within a cotton-producing State, as certified pursuant to [section 2113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2113&num=0&edition=prelim), or, if the Secretary determines that a substantial number of producers are not members of or their interests are not represented by any such eligible producer organizations, from nominations made by producers in the manner authorized by the Secretary, so that the representation of cotton producers on the Board for each cotton-producing State shall reflect, to the extent practicable, the proportion which that State’s marketings of cotton bears to the total marketings of cotton in the United States, and (2) when imports of cotton are subject to an order, an appropriate number of representatives, as determined by the Secretary, of importers of cotton on which assessments are paid under this chapter. Such importer representatives shall be appointed
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Federal law — U.S. Code and appendices · legal_authorities
Page 1399
TITLE 7—AGRICULTURE
§ 2106
§ 2102. Orders of Secretary to cotton handlers
To effectuate the declared policy of this chap-
ter, the Secretary shall, subject to the provi-
sions of this chapter, issue and from time to
time amend, orders applicable to persons en-
gaged in the harvesting, marketing, ginning, or
other handling of cotton, hereinafter referred to
as handlers. Such orders shall be applicable to
all production or marketing areas, or both, in
the United States.
(Pub. L. 89–502, § 3, July 13, 1966, 80 Stat. 280.)
§ 2103. Notice and hearing upon proposed orders
Whenever the Secretary has reason to believe
that the issuance of an order will tend to effec-
tuate the declared policy of this chapter, he
shall give due notice and opportunity for a hear-
ing upon a proposed order. Such hearing may be
requested and a proposal for an order submitted
by any cotton producer organization certified
pursuant to section 2113 of this title or by any
other interested person or persons, including the
Secretary.
(Pub. L. 89–502, § 4, July 13, 1966, 80 Stat. 280.)
§ 2104. Finding and issuance of orders
After notice and opportunity for hearing as
provided in section 2103 of this title, the Sec-
retary shall issue an order if he finds, and sets
forth in such order, upon the evidence intro-
duced at such hearing, that the issuance of such
order and all the terms and conditions thereof
will tend to effectuate the declared policy of
this chapter.
(Pub. L. 89–502, § 5, July 13, 1966, 80 Stat. 280.)
§ 2105. Permissive terms and conditions in orders
Orders issued pursuant to this chapter shall
contain one or more of the following terms and
conditions, and except as provided in section
2106 of this title, no others.
(a) Providing for the establishment,
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