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7 U.S.C. § 4907 — Permissive terms in plans
Federal law — U.S. Code and appendices · legal_authorities
**(a) Description of terms and provisions; prohibition** Any plan issued under this chapter may contain one or more of the terms and provisions described in this section, but except as provided in [section 4906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4906&num=0&edition=prelim) no others.
**(b) Exemptions** The plan may provide for the exemption, from the provisions of the plan, of watermelons used for nonfood uses, and authority for the Board to establish satisfactory safeguards against improper use of such exemption.
**(c) Designation of different handler payment and reporting schedules for assessments** The plan may provide for the designation of different handler payment and reporting schedules with respect to assessments, as provided for in sections 4906 and 4908 of this title, to recognize differences in marketing practices and procedures used in different production areas.
**(d) Advertising and sales promotion programs or projects** The plan may provide for the establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and other sales promotion of watermelons and for the disbursement of necessary funds for such purposes. Any such program or project shall be directed toward increasing the general demand for watermelons, and promotional activities shall comply with the provisions of [section 4906(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4906/g&num=0&edition=prelim).
**(e) Marketing objectives of research and development projects and studies** The plan may provide for establishing and carrying out research and development projects and studies to the end that the marketing and use of watermelons may be encoura
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Source file: Laws/federal/codes/united-states-code/title-7/section-4907-permissive-terms-in-plans--5fae2e07a1.md
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Source location: Title 7, Chapter 80, § 4907; chapter-080-watermelon-research-and-promotion.md
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**(a) Description of terms and provisions; prohibition** Any plan issued under this chapter may contain one or more of the terms and provisions described in this section, but except as provided in [section 4906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4906&num=0&edition=prelim) no others.
**(b) Exemptions** The plan may provide for the exemption, from the provisions of the plan, of watermelons used for nonfood uses, and authority for the Board to establish satisfactory safeguards against improper use of such exemption.
**(c) Designation of different handler payment and reporting schedules for assessments** The plan may provide for the designation of different handler payment and reporting schedules with respect to assessments, as provided for in sections 4906 and 4908 of this title, to recognize differences in marketing practices and procedures used in different production areas.
**(d) Advertising and sales promotion programs or projects** The plan may provide for the establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and other sales promotion of watermelons and for the disbursement of necessary funds for such purposes. Any such program or project shall be directed toward increasing the general demand for watermelons, and promotional activities shall comply with the provisions of [section 4906(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4906/g&num=0&edition=prelim).
**(e) Marketing objectives of research and development projects and studies** The plan may provide for establishing and carrying out research and development projects and studies to the end that the marketing and use of watermelons may be encouraged, expanded, improved, or made more efficient, and for the disbursement of necessary funds for such purposes.
**(f) Reserve funds; limitation** The plan may provide authority for the accumulation of reserve funds from assessments collected under this chapter, to permit an effective and continuous coordinated program of research, development, advertising, and promotion in years when watermelon production and assessment income may be reduced, except that the total reserve fund may not exceed the amount budgeted for two years operation.
**(g) Foreign market sales** The plan may provide for the use of funds from assessments collected under this chapter, with the approval of the Secretary, for the development and expansion of sales of watermelons in foreign markets.
**(h) Other terms and conditions** The plan may contain 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 the plan.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Description of terms and provisions** Any plan issued under this chapter shall contain the terms and provisions described in this section.
**(b) Establishment and powers of National Watermelon Promotion Board** The plan shall provide for the establishment by the Secretary of the National Watermelon Promotion Board and for defining its powers and duties, which shall include the powers to—
(1) administer the plan in accordance with its terms and conditions;
(2) make rules and regulations to effectuate the terms and conditions of the plan;
(3) receive, investigate, and report to the Secretary complaints of violations of the plan; and
(4) recommend to the Secretary amendments to the plan.
**(c) Membership of Board; representation of interests; appointment; nomination; eligibility of producers; importer representation**
(1) The plan shall provide that the Board shall be composed of representatives of producers and handlers, and one representative of the public, appointed by the Secretary from nominations submitted in accordance with this subsection. An equal number of representatives of producers and handlers shall be nominated by producers and handlers, and the representative of the public shall be nominated by the other members of the Board, in such manner as may be prescribed by the Secretary. If producers and handlers fail to select nominees for appointment to the Board, the Secretary may appoint persons on the basis of representation as provided for in the plan. If the Board fails to nominate a public representative, the Secretary shall choose such representative for appointment.
(2) A producer shall be eligible to serve on the Board only as a representative of handlers, and not as a representative of producers, if—
(A) the producer purchases watermelo
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4906
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Federal law — U.S. Code and appendices · legal_authorities
Page 1733
TITLE 7—AGRICULTURE
§ 4907
and 557 of such title, to reflect significant
changes in the 5-year average yield per acre of
watermelons produced in the United States.
(i) Submission of programs or projects; approval
by Secretary
The plan shall provide that the Board, subject
to the provisions of subsections (e), (f), and (g),
shall develop and submit to the Secretary, for
the Secretary’s approval, any research, develop-
ment, advertising, or promotion program or
project, and that a program or project must be
approved by the Secretary before becoming ef-
fective.
(j) Contract authority
The plan shall provide the Board with author-
ity to enter into contracts or agreements, with
the approval of the Secretary, for the develop-
ment and carrying out of research, development,
advertising, or promotion programs or projects,
and the payment of the cost thereof with funds
collected under this chapter.
(k) Recordkeeping; accounting and audit reports
The plan shall provide that the Board shall (1)
maintain books and records, (2) prepare and sub-
mit to the Secretary such reports from time to
time as may be prescribed for appropriate ac-
counting with respect to the receipt and dis-
bursement of funds entrusted to it, and (3) cause
a complete audit report to be submitted to the
Secretary at the end of each fiscal period.
(l) Certification
The plan shall provide that the Board shall
have the authority to establish rules for certi-
fying whether a person meets the definition of a
producer under section 4902(5) of this title.
(Pub. L. 99–198, title XVI, § 1647, Dec. 23, 1985, 99
Stat. 1624; Pub. L. 103–189, §§ 4–7, 8(d)–(f), (k)(4),
9(b), Dec. 14, 1993, 107 Stat. 2260–2262, 2264.)
Editorial Notes
AMENDMENTS
1993—Subsec. (c). Pub. L. 103–189, §§ 4
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 4907
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