7 U.S.C. § 2105 — Permissive terms and conditions in orders

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, 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 pur- poses: 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 state- ments 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, proc- essing, distribution, or utilization of cotton and its products, to the end that the marketing and utilization of cotton may be encouraged, ex- panded, 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 in- spection such books and records as may be re- quired 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, how- ever, That all information so obtained shall be kept confidential by all officers and employees of the Department of Agriculture and of the Cot- ton Board, and only such information so fur- nished or acquired as the Secretary deems rel- evant shall be disclosed by them, and then only in a suit or administrative hearing brought at the direction, or upon the request, of the Sec- retary of Agriculture, or to which he or any offi- cer of the United States is a party, and involv- ing the order with reference to which the infor- mation so to be disclosed was furnished or ac- quired. Nothing in this section shall be deemed to prohibit (1) the issuance of general state- ments 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 par- ticular provisions of the order violated by such person. Any such officer or employee violating the provisions of this subsection shall upon con- viction 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 of- fice. (d) Terms and conditions incidental to and not inconsistent with the terms and conditions spec- ified in this chapter and necessary to effectuate the other provisions of such order. (Pub. L. 89–502, § 6, July 13, 1966, 80 Stat. 280.) § 2106. Required terms and conditions in orders Orders issued pursuant to this chapter shall contain the following terms and conditions: (a) Providing for the establishment and selec- tion by the Secretary, of a Cotton Board, and de- fining 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 effec- tuate the terms and provisions of such order, including the designation of the person re- sponsible 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 amend- ments to such order. (b) Providing that the Cotton Board shall be composed of (1) representatives of cotton pro- ducers selected by the Secretary, from nomina- tions submitted by eligible producer organiza- tions within a cotton-producing State, as cer- tified pursuant to section 2113 of this title, or, if the Secretary determines that a substantial