7 U.S.C. § 2611 — Congressional findings and declaration of

Page 1513 TITLE 7—AGRICULTURE § 2612 Sec. 2612. Definitions. 2613. Authority for issuance and amendment of plan. 2614. Notice and hearings. 2615. Finding and issuance of plan. 2616. Regulations. 2617. Required terms and conditions of plans. 2618. Permissive terms and conditions of plans. 2619. Assessments. 2620. Procedural rights of persons subject to plan. 2621. Enforcement. 2622. Investigations. 2623. Referendum. 2624. Suspension or termination of plans. 2625. Amendment procedure. 2626. Separability. 2627. Authorization. § 2611. Congressional findings and declaration of policy Potatoes are a basic food in the United States and foreign countries. They are produced by many individual potato growers in every State in the United States and imported into the United States from foreign countries. In 1966, there were one million four hundred and ninety- seven thousand acres of cropland in the United States devoted to the production of potatoes. Potatoes and potato products move in the channels of interstate or foreign commerce, and potatoes which do not move in such channels di- rectly burden or affect interstate commerce in potatoes and potato products. The maintenance and expansion of existing po- tato markets and the development of new or im- proved markets are vital to the welfare of po- tato growers and those concerned with mar- keting, using, and processing potatoes as well as the general economic welfare of the Nation. Therefore, it is the declared policy of the Con- gress and the purpose of this chapter that it is essential in the public interest, through the ex- ercise of the powers provided herein, to author- ize the establishment of an orderly procedure for the financing, through adequate assessments on all potatoes harvested in the United States for commercial use and imported into the United States from foreign countries, and the carrying out of an effective and continuous coordinated program of research, development, advertising, and promotion designed to strengthen potatoes’ competitive position, and to maintain and ex- pand domestic and foreign markets for potatoes and potato products. (Pub. L. 91–670, title III, § 302, Jan. 11, 1971, 84 Stat. 2041; Pub. L. 101–624, title XIX, § 1936, Nov. 28, 1990, 104 Stat. 3865.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–624, in first par., inserted ‘‘and for- eign countries’’ and ‘‘and imported into the United States from foreign countries’’ and struck out at end ‘‘Approximately two hundred and seventy-five million hundredweight of potatoes have been produced annu- ally during the past five years with an estimated sales value to the potato producers of $561,000,000.’’; in second par., struck out ‘‘, in a large part,’’ after ‘‘products move’’, inserted ‘‘or foreign’’, and struck out at end ‘‘All potatoes produced in the United States are in the current of interstate commerce or directly burden, ob- struct, or affect interstate commerce in potatoes and potato products.’’ and, in third par., inserted ‘‘and im- ported into the United States from foreign countries’’ and substituted ‘‘and potato products’’ for ‘‘produced in the United States’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 91–670, title III, § 319, Jan. 11, 1971, 84 Stat. 2047, provided that: ‘‘This title [see Short Title note below] shall take effect upon enactment [Jan. 11, 1971]’’. SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–624, title XIX, § 1935, Nov. 28, 1990, 104 Stat. 3865, provided that: ‘‘This subtitle [subtitle C (§§ 1935–1946) of title XIX of Pub. L. 101–624, amending this section and sections 2612 to 2614, 2617 to 2619, and 2622 to 2624 of this title, and enacting provisions set out as a note under section 2625 of this title] may be cited as the ‘Potato Research and Promotion Act Amend- ments of 1990’.’’ SHORT TITLE OF 1982 AMENDMENT Pub. L. 97–244, § 1, Aug. 26, 1982, 96 Stat. 310, provided: ‘‘That this Act [amending sections 2617, 2621, and 2623 of this title] may be cited as the ‘Potato Research and Promotion Act Amendments of 1982’.’’ SHORT TITLE Pub. L. 91–670, title III, § 301, Jan. 11, 1971, 84 Stat. 2041, provided that: ‘‘This title [enacting this chapter and provisions set out as a note under this section] may be cited as the ‘Potato Research and Promotion Act’.’’ § 2612. Definitions As used in this chapter: (a) The term ‘‘Secretary’’ means the Secretary of Agriculture. (b) The term ‘‘person’’ means any individual, partnership, corporation, association, or other entity. (c) The term ‘‘potatoes’’ means all varieties of Irish potatoes grown by producers in the 50 States of the United States, and grown in for- eign countries and imported into the United States. (d) The term ‘‘handler’’ means any person (ex- cept a common or contract carrier of potatoes owned by another person) who handles potatoes in a manner specified in a plan issued pursuant to this chapter or in the rules and regulations issued thereunder. (e) The term ‘‘producer’’ means any person en- gaged in the growing of five or more acres of po- tatoes. (f) The term ‘‘promotion’’ means any action taken by the National Potato Promotion Board, pursuant to this chapter, to present a favorable image for potatoes to the public with the ex- press intent of improving their competitive posi- tions and stimulating sales of potatoes and shall include, but shall not be limited to, paid adver- tising. (g) The term ‘‘importer’’ means any person who imports tablestock, frozen, or processed po- tatoes for ultimate consumption by humans or seed potatoes into the United States. (Pub. L. 91–670, title III, § 303, Jan. 11, 1971, 84 Stat. 2041; Pub. L. 101–624, title XIX, § 1937, Nov. 28, 1990, 104 Stat. 3866.)