-CITE-

7 USC CHAPTER 58 - POTATO RESEARCH AND PROMOTION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

.

-HEAD-

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-MISC1-

Sec.

2611. Congressional findings and declaration of policy.

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.

(a) National Potato Promotion Board; establishment;

powers and duties.

(b) Membership of board.

(c) Compensation and expenses of board members.

(d) Budget; preparation and submission.

(e) Assessment rate per poundage handled; limitation.

(f) Restrictions.

(g) Research, development, advertising or promotion

programs or projects; development and

submission by board; approval by Secretary.

(h) Contract authority of board; funds for payment of

cost.

(i) Recordkeeping; reports for accounting: receipts

and disbursements; audit report.

2618. Permissive terms and conditions of plans.

(a) Exemptions.

(b) Handler payment and reporting schedules.

(c) Advertisement and sales promotion programs or

projects.

(d) Research and development projects and studies for

marketing and utilization of potatoes.

(e) Reserve funds; accumulation; limitation.

(f) Foreign markets; sales development and expansion.

(g) Assessment; refund.

(h) Assessment authority.

(i) Incidental and necessary terms and conditions.

2619. Assessments.

(a) Collection and payment; recordkeeping;

limitation.

(b) Records and reports; availability.

(c) Confidential information; disclosure during

proceedings; prohibition inapplicable to

general statements and publication of

violations; penalties; removal from office.

2620. Procedural rights of persons subject to plan.

(a) Administrative proceedings; petition; hearing;

finality of ruling.

(b) Judicial review; jurisdiction; complaint; remand;

relief during pendency of proceedings.

2621. Enforcement.

(a) Jurisdiction of United States district courts;

administrative action.

(b) Civil penalties; cease and desist orders; appeal;

failure to comply with order or assessment;

further proceedings and penalties.

2622. Investigations.

(a) Administration of oath; subpena; contempts;

process; jurisdiction.

(b) Self-incrimination; privilege.

2623. Referendum.

(a) Secretary's duty to conduct; purpose of

referendum.

(b) Required margin of approval.

(c) Amendments.

(d) Penalties for disclosure of confidential

information, ballots and reports.

2624. Suspension or termination of plans.

(a) Duty of Secretary.

(b) Referendum.

(c) Limitation.

2625. Amendment procedure.

2626. Separability.

2627. Authorization.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 7401 of this title.

-CITE-

7 USC Sec. 2611 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2611. Congressional findings and declaration of policy

-STATUTE-

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 directly burden or affect interstate commerce in potatoes

and potato products.

The maintenance and expansion of existing potato markets and the

development of new or improved markets are vital to the welfare of

potato growers and those concerned with marketing, using, and

processing potatoes as well as the general economic welfare of the

Nation.

Therefore, it is the declared policy of the Congress and the

purpose of this chapter that it is essential in the public

interest, through the exercise of the powers provided herein, to

authorize 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 expand domestic

and foreign markets for potatoes and potato products.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 302, Jan. 11, 1971, 84 Stat. 2041;

Pub. L. 101-624, title XIX, Sec. 1936, Nov. 28, 1990, 104 Stat.

3865.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-624, in first par., inserted ''and foreign

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

annually 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, obstruct, or affect interstate commerce in potatoes and

potato products.'' and, in third par., inserted ''and imported into

the United States from foreign countries'' and substituted ''and

potato products'' for ''produced in the United States''.

EFFECTIVE DATE

Section 319 of title III of Pub. L. 91-670 provided that: ''This

title (this chapter) shall take effect upon enactment (Jan. 11,

1971)''.

SHORT TITLE OF 1990 AMENDMENT

Section 1935 of Pub. L. 101-624 provided that: ''This subtitle

(subtitle C (Sec. 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 Amendments of 1990'.''

SHORT TITLE OF 1982 AMENDMENT

Pub. L. 97-244, Sec. 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

Section 301 of title III of Pub. L. 91-670 provided that: ''This

title (enacting this chapter) may be cited as the 'Potato Research

and Promotion Act'.''

-CITE-

7 USC Sec. 2612 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2612. Definitions

-STATUTE-

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 foreign countries and imported into the United States.

(d) The term ''handler'' means any person (except 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 engaged in the growing

of five or more acres of potatoes.

(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 express intent

of improving their competitive positions and stimulating sales of

potatoes and shall include, but shall not be limited to, paid

advertising.

(g) The term ''importer'' means any person who imports

tablestock, frozen, or processed potatoes for ultimate consumption

by humans or seed potatoes into the United States.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 303, Jan. 11, 1971, 84 Stat. 2041;

Pub. L. 101-624, title XIX, Sec. 1937, Nov. 28, 1990, 104 Stat.

3866.)

-MISC1-

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-624, Sec. 1937(1), substituted

''50'' for ''forty-eight contiguous'' and inserted before the

period at the end '', and grown in foreign countries and imported

into the United States''.

Subsec. (g). Pub. L. 101-624, Sec. 1937(2), added subsec. (g).

-CITE-

7 USC Sec. 2613 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2613. Authority for issuance and amendment of plan

-STATUTE-

To effectuate the declared policy of this chapter, the Secretary

shall, subject to the provisions of this chapter, issue and from

time to time amend, orders applicable to handlers and importers and

shall have authority to issue orders authorizing the collection of

assessments on potatoes handled or imported under the provisions of

this chapter, and to authorize the use of such funds to provide

research, development, advertising, and promotion of potatoes in a

manner prescribed in this chapter. Any order issued by the

Secretary under this chapter shall hereinafter in this chapter be

referred to as a ''plan''. Any such plan shall be applicable to

potatoes produced in the 50 States of the United States and in

foreign countries, if importers are subject to a plan and such

potatoes are imported into the United States.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 304, Jan. 11, 1971, 84 Stat. 2042;

Pub. L. 101-624, title XIX, Sec. 1938, Nov. 28, 1990, 104 Stat.

3866.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-624 substituted ''handlers and importers'' for

''persons engaged in the handling of potatoes (hereinafter referred

to as handlers)'', inserted ''or imported'', substituted ''50'' for

''forty-eight contiguous'', and inserted before period at end ''and

in foreign countries, if importers are subject to a plan and such

potatoes are imported into the United States''.

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7 USC Sec. 2614 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2614. Notice and hearings

-STATUTE-

When sufficient evidence is presented to the Secretary by

interested persons, or whenever the Secretary has reason to believe

that a plan will tend to effectuate the declared policy of this

chapter, he shall give due notice and opportunity for a hearing

upon a proposed plan. Such hearing may be requested by any

interested person, including the Secretary, when the request for

such hearing is accompanied by a proposal for a plan.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 305, Jan. 11, 1971, 84 Stat. 2042;

Pub. L. 101-624, title XIX, Sec. 1939, Nov. 28, 1990, 104 Stat.

3866.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-624 substituted ''interested persons'' for

''potato producers'' in first sentence and ''by any interested

person, including the Secretary'' for ''by potato producers or by

any other interested person or persons, including the Secretary''

in second sentence.

-CITE-

7 USC Sec. 2615 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2615. Finding and issuance of plan

-STATUTE-

After notice and opportunity for hearing, the Secretary shall

issue a plan if he finds, and sets forth in such plan, upon the

evidence introduced at such hearing, that the issuance of such plan

and all the terms and conditions thereof will tend to effectuate

the declared policy of this chapter.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 306, Jan. 11, 1971, 84 Stat.

2042.)

-CITE-

7 USC Sec. 2616 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2616. Regulations

-STATUTE-

The Secretary is authorized to make such regulations with the

force and effect of law, as may be necessary to carry out the

provisions of this chapter and the powers vested in him by this

chapter.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 307, Jan. 11, 1971, 84 Stat.

2042.)

-CITE-

7 USC Sec. 2617 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2617. Required terms and conditions of plans

-STATUTE-

Any plan issued pursuant to this chapter shall contain the

following terms and conditions:

(a) National Potato Promotion Board; establishment; powers and

duties

Providing for the establishment by the Secretary of a National

Potato Promotion Board (hereinafter referred to as ''the board'')

and for defining its powers and duties, which shall include powers

-

(1) to administer such plan in accordance with its terms and

conditions;

(2) to make rules and regulations to effectuate the terms and

conditions of such plan;

(3) to receive, investigate, and report to the Secretary

complaints of violations of such plan; and

(4) to recommend to the Secretary amendments to such plan.

(b) Membership of board

Providing that the board shall be composed of representatives of

producers and the public appointed by the Secretary from

nominations submitted in accordance with this subsection. If

importers are subject to a plan, the board shall also include up to

5 representatives of importers, appointed by the Secretary from

nominations submitted by importers in such manner as may be

prescribed by the Secretary. Representatives of producers shall be

nominated by producers in such manner as may be prescribed by the

Secretary. Public representatives shall be nominated by the board

in such manner as may be prescribed by the Secretary. If producers

or importers fail to select nominees for appointment to the board,

or the board fails to nominate public representatives, the

Secretary may appoint persons on the basis of representation as

provided for in such plan. The requirement for inclusion of public

representatives on the board shall not be subject to producer

approval, or to importer approval when importers are subject to a

plan, in a referendum.

(c) Compensation and expenses of board members

Providing that board members shall serve without compensation,

but shall be reimbursed for reasonable expenses incurred in

performing their duties as members of the board.

(d) Budget; preparation and submission

Providing that the board shall prepare and submit to the

Secretary for his approval a budget, on a fiscal period basis, of

its anticipated expenses and disbursements in the administration of

the plan, including probable costs of research, development,

advertising, and promotion.

(e) Assessment rate per poundage handled; limitation

Providing that the board shall recommend to the Secretary and the

Secretary shall fix the assessment rate at not more than 2 cents

per one hundred pounds of potatoes handled; except that if approved

by producers, and importers when importers are subject to a plan,

pursuant to section 2623 of this title, the rate of assessment

shall not exceed one-half of 1 per centum of the immediate past

ten-calendar-year United States average price received for potatoes

by growers as reported by the Department of Agriculture.

(f) Restrictions

Providing that -

(1) funds collected by the board shall be used for research,

development, advertising, or promotion of potatoes and potato

products and such other expenses for the administration,

maintenance, and functioning of the board, as may be authorized

by the Secretary, including any referendum and administrative

costs incurred by the Department of Agriculture under this

chapter: Provided, That the provision for payment to the

Department of Agriculture for any referendum and administrative

costs so incurred shall not be subject to producer approval, or

importer approval when importers are subject to a plan, in a

referendum;

(2) no advertising or sales promotion program shall make any

reference to private brand names or use false or unwarranted

claims in behalf of potatoes or their products or false or

unwarranted statements with respect to the attributes or use of

any competing products; and

(3) no funds collected by the board shall in any manner be used

for the purpose of influencing governmental policy or action,

except as provided by subsection (a)(4) of this section.

(g) Research, development, advertising or promotion programs or

projects; development and submission by board; approval by

Secretary

Providing that the board shall, subject to the provisions of

subsections (e) and (f) of this section, develop and submit to the

Secretary for his approval any research, development, advertising

or promotion programs or projects, and that any such program or

project must be approved by the Secretary before becoming

effective.

(h) Contract authority of board; funds for payment of cost

Providing the board with authority to enter into contracts or

agreements, with the approval of the Secretary, for the development

and carrying out of research, development, advertising or promotion

programs or projects, and the payment of the cost thereof with

funds collected pursuant to this chapter.

(i) Recordkeeping; reports for accounting: receipts and

disbursements; audit report

Providing that the board shall maintain books and records and

prepare and submit to the Secretary such reports from time to time

as may be prescribed for appropriate accounting with respect to the

receipt and disbursement of funds entrusted to it and cause a

complete audit report to be submitted to the Secretary at the end

of each fiscal period.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 308, Jan. 11, 1971, 84 Stat. 2042;

Pub. L. 97-244, Sec. 2, Aug. 26, 1982, 96 Stat. 310; Pub. L.

98-171, Sec. 2(a), Nov. 29, 1983, 97 Stat. 1117; Pub. L. 101-624,

title XIX, Sec. 1940, Nov. 28, 1990, 104 Stat. 3866.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-624, Sec. 1940(1), inserted after

first sentence ''If importers are subject to a plan, the board

shall also include up to 5 representatives of importers, appointed

by the Secretary from nominations submitted by importers in such

manner as may be prescribed by the Secretary.'', inserted ''or

importers'' after ''If producers'', and inserted '', or to importer

approval when importers are subject to a plan,'' after ''approval''

in last sentence.

Subsec. (e). Pub. L. 101-624, Sec. 1940(2), substituted ''2

cents'' for ''one cent'' and inserted '', and importers when

importers are subject to a plan,'' after ''producers''.

Subsec. (f)(1). Pub. L. 101-624, Sec. 1940(3), inserted '', or

importer approval when importers are subject to a plan,'' after

''producer approval'' in proviso.

Subsecs. (g) to (j). Pub. L. 101-624, Sec. 1940(4), redesignated

subsecs. (h) to (j) as (g) to (i), respectively, and struck out

former subsec. (g) which read as follows: ''Providing that,

notwithstanding any other provisions of this chapter, any potato

producer against whose potatoes any assessment is made and

collected under authority of this chapter and who is not in favor

of supporting the research and promotion program as provided for

under this chapter shall have the right to demand and receive from

the board a refund of such assessment: Provided, That such demand

shall be made personally by such producer in accordance with

regulations and on a form and within a time period prescribed by

the board and approved by the Secretary, but in no event less than

ninety days, and upon submission of proof satisfactory to the board

that the producer paid the assessment for which refund is sought,

and any such refund shall be made within sixty days after demand

therefor.''

1983 - Subsec. (b). Pub. L. 98-171, Sec. 2(a)(1), inserted ''The

requirement for inclusion of public representatives on the board

shall not be subject to producer approval in a referendum.''

Subsec. (e). Pub. L. 98-171, Sec. 2(a)(2), amended subsec. (e)

generally, substituting requirement that the Secretary fix ''the

assessment rate at not more than one cent per one hundred pounds of

potatoes handled'' for ''the assessment rate required for such

costs as may be incurred under subsection (d) of this section,

including any referendum and administrative costs estimated to be

incurred by the United States Department of Agriculture under this

chapter'' and provision ''except that if approved by producers

pursuant to section 2623 of this title, the rate of assessment

shall not exceed'' for ''Provided, That the rate of assessment for

fiscal year 1982 and each fiscal year thereafter shall not

exceed''.

Subsec. (f)(1). Pub. L. 98-171, Sec. 2(a)(3), inserted

''Provided, That the provision for payment to the Department of

Agriculture for any referendum and administrative costs so incurred

shall not be subject to producer approval in a referendum''.

1982 - Subsec. (b). Pub. L. 97-244, Sec. 2(1), substituted

provisions that the board be composed of representatives of

producers and the public appointed by the Secretary from

nominations submitted in accordance with this subsection, that

representatives of producers be nominated by producers in such

manner as may be prescribed by the Secretary, that public

representatives be nominated by the board in such manner as may be

prescribed by the Secretary, and that, if producers fail to select

nominees for appointment to the board or the board fails to

nominate public representatives, the Secretary may appoint persons

on the basis of representation as provided for in such plan for

provisions that the board could be composed of representatives of

producers selected by the Secretary from nominations made by

producers in such manner as might be prescribed by the Secretary

and that, in the event producers failed to select nominees for

appointment to the board, the Secretary was to appoint producers on

the basis of representation provided for in such plan.

Subsec. (e). Pub. L. 97-244, Sec. 2(2), substituted provisions

that the assessment rate include any referendum and administrative

costs estimated to be incurred by the Department of Agriculture

under this chapter, but that the assessment rate for fiscal year

1982 and each fiscal year thereafter not exceed one-half of 1 per

centum of the immediate past ten calendar year United States

average price received for potatoes by growers as reported by the

Department of Agriculture, for provisions that the assessment rate

could not exceed 1 cent per hundred pounds of potatoes handled.

Subsec. (f)(1). Pub. L. 97-244, Sec. 2(3), substituted ''as may

be authorized by the Secretary, including any referendum and

administrative costs incurred by the Department of Agriculture

under this chapter'' for ''as may be authorized by the Secretary''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2618 of this title.

-CITE-

7 USC Sec. 2618 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2618. Permissive terms and conditions of plans

-STATUTE-

Any plan issued pursuant to this chapter may contain one or more

of the following terms and conditions:

(a) Exemptions

Providing authority to exempt from the provisions of the plan

potatoes used for nonfood uses, and authority for the board to

require satisfactory safeguards against improper use of such

exemptions.

(b) Handler payment and reporting schedules

Providing for authority to designate different handler payment

and reporting schedules to recognize differences in marketing

practices and procedures utilized in different production areas.

(c) Advertisement and sales promotion programs or projects

Providing for the establishment, issuance, effectuation, and

administration of appropriate programs or projects for the

advertising and sales promotion of potatoes and potato products and

for the disbursement of necessary funds for such purposes:

Provided, however, That any such program or project shall be

directed toward increasing the general demand for potatoes and

potato products: And provided further, That such promotional

activities shall comply with the provisions of section 2617(f) of

this title.

(d) Research and development projects and studies for marketing and

utilization of potatoes

Providing for establishing and carrying on research and

development projects and studies to the end that the marketing and

utilization of potatoes may be encouraged, expanded, improved, or

made more efficient, and for the disbursement of necessary funds

for such purposes.

(e) Reserve funds; accumulation; limitation

Providing for authority to accumulate reserve funds from

assessments collected pursuant to this chapter, to permit an

effective and continuous coordinated program of research,

development, advertising, and promotion in years when the

production and assessment income may be reduced: Provided, That the

total reserve fund does not exceed the amount budgeted for two

years' operation.

(f) Foreign markets; sales development and expansion

Providing for authority to use funds collected herein, with the

approval of the Secretary, for the development and expansion of

potato and potato product sales in foreign markets.

(g) Assessment; refund

Providing that any potato producer or importer against whose

potatoes any assessment is made and collected under authority of

this chapter and who is not in favor of supporting the research and

promotion program as provided for under this chapter shall have the

right to demand and receive from the board a refund of such

assessment. Such demand shall be made personally by such producer

or importer in accordance with regulations and on a form and within

a time period prescribed by the board and approved by the

Secretary, but in no event less than 90 days, and upon submission

of proof satisfactory to the board that the producer or importer

paid the assessment for which refund is sought, and any such refund

shall be made within 60 days after demand therefor.

(h) Assessment authority

Providing for authority to assess imports of tablestock, frozen,

or processed potatoes for ultimate consumption by humans and seed

potatoes into the United States.

(i) Incidental and necessary terms and conditions

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 plan.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 309, Jan. 11, 1971, 84 Stat. 2044;

Pub. L. 101-624, title XIX, Sec. 1941, Nov. 28, 1990, 104 Stat.

3867.)

-MISC1-

AMENDMENTS

1990 - Subsecs. (g) to (i). Pub. L. 101-624 added subsecs. (g)

and (h) and redesignated former subsec. (g) as (i).

-CITE-

7 USC Sec. 2619 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2619. Assessments

-STATUTE-

(a) Collection and payment; recordkeeping; limitation

(1) Each handler designated by the board, pursuant to regulations

issued under the plan, to make payment of assessments shall be

responsible for payment to the board, as it may direct, of any

assessment levied on potatoes; and such handler may collect from

any producer or deduct from the proceeds paid to any producer, on

whose potatoes such assessment is made, any such assessment

required to be paid by such handler. Such handler shall maintain a

separate record with respect to each producer for whom potatoes

were handled, and such records shall indicate the total quantity of

potatoes handled by him including those handled for producers and

for himself, shall indicate the total quantity of potatoes handled

by him which are included under the terms of a plan as well as

those which are exempt under such plan, and shall indicate such

other information as may be prescribed by the board. To facilitate

the collection and payment of such assessments, the board may

designate different handlers or classes of handlers to recognize

differences in marketing practices or procedures utilized in any

State or area. No more than one such assessment shall be made on

any potatoes.

(2) When importers are subject to a plan, each importer

designated by the board, pursuant to regulations issued under the

plan, to make payment of assessments shall be responsible for

payment to the board, as it may direct, of any assessment levied on

potatoes. The assessment on imported tablestock, frozen, or

processed potatoes for ultimate consumption by humans, and seed

potatoes shall be established by the board so that the effective

assessment shall equal that on domestic production and shall be

paid by the importer to the board at the time of entry into the

United States. Each such importer shall maintain a separate record

including the total quantity of tablestock, frozen, processed

potatoes for ultimate consumption by humans, and seed potatoes

imported into the United States that are included under the terms

of the plan as well as those that are exempt under such plan, and

shall indicate such other information as may be prescribed by the

board. No more than one assessment shall be made on any imported

potatoes.

(b) Records and reports; availability

Handlers and importers responsible for payment of assessments

under subsection (a) of this section shall maintain and make

available for inspection by the Secretary such books and records as

required by the plan and file reports at the times, in the manner,

and having the content prescribed by the plan, to the end that

information and data shall be made available to the board and to

the Secretary which is appropriate or necessary to the

effectuation, administration, or enforcement of this chapter or of

any plan or regulation issued pursuant to this chapter.

(c) Confidential information; disclosure during proceedings;

prohibition inapplicable to general statements and publication

of violations; penalties; removal from office

All information obtained pursuant to subsections (a) and (b) of

this section shall be kept confidential by all officers and

employees of the Department of Agriculture and of the 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, or to which he or any officer of the

United States is a party, and involving the plan with reference to

which the information 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 or importers subject to a plan if such

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 plan together with a statement of the

particular provisions of the plan 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 imprisonment for not more than one year, or both,

and shall be removed from office.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 310, Jan. 11, 1971, 84 Stat. 2044;

Pub. L. 101-624, title XIX, Sec. 1942, Nov. 28, 1990, 104 Stat.

3867; Pub. L. 102-237, title VIII, Sec. 804, Dec. 13, 1991, 105

Stat. 1882.)

-MISC1-

AMENDMENTS

1991 - Subsec. (a)(2). Pub. L. 102-237 substituted ''(2) When''

for ''(2) when''.

1990 - Subsec. (a). Pub. L. 101-624, Sec. 1942(1), designated

existing provisions as par. (1) and added par. (2).

Subsec. (b). Pub. L. 101-624, Sec. 1942(2), inserted ''and

importers'' after ''Handlers''.

Subsec. (c)(1). Pub. L. 101-624, Sec. 1942(3), inserted ''or

importers'' after ''handlers''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2623 of this title.

-CITE-

7 USC Sec. 2620 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2620. Procedural rights of persons subject to plan

-STATUTE-

(a) Administrative proceedings; petition; hearing; finality of

ruling

Any person subject to a plan may file a written petition with the

Secretary, stating that such plan or any provision of such plan or

any obligation imposed in connection therewith is not in accordance

with law and praying for a modification thereof or to be exempted

therefrom. He shall thereupon be given an opportunity for a

hearing upon such petition, in accordance with regulations made by

the Secretary. After such hearing, the Secretary shall make a

ruling upon the prayer of such petition which shall be final, if in

accordance with law.

(b) Judicial review; jurisdiction; complaint; remand; relief during

pendency of proceedings

The district courts of the United States in any district in which

such person is an inhabitant, or has his principal place of

business, are hereby vested with jurisdiction to review such

ruling: Provided, That a complaint for that purpose is filed within

twenty days from the date of the entry of such ruling. Service of

process in such proceedings may be had upon the Secretary by

delivering to him a copy of the complaint. If the court determines

that such ruling is not in accordance with law, it shall remand

such proceedings to the Secretary with directions either (1) to

make such ruling as the court shall determine to be in accordance

with law, or (2) to take such further proceedings as, in its

opinion, the law requires. The pendency of proceedings instituted

pursuant to subsection (a) of this section shall not impede,

hinder, or delay the United States or the Secretary from obtaining

relief pursuant to section 2621(a) of this title.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 311, Jan. 11, 1971, 84 Stat.

2045.)

-CITE-

7 USC Sec. 2621 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2621. Enforcement

-STATUTE-

(a) Jurisdiction of United States district courts; administrative

action

The several district courts of the United States are vested with

jurisdiction specifically to enforce, and to prevent and restrain

any person from violating any plan or regulation made or issued

under this chapter. The facts relating to any civil action

authorized to be brought under this subsection shall be referred to

the Attorney General for appropriate action: Provided, That nothing

in this chapter shall be construed as requiring the Secretary to

refer to the Attorney General violations of this chapter whenever

the Secretary believes that the administration and enforcement of

any such plan or regulation would be adequately served by

administrative action under subsection (b) of this section or

suitable written notice or warning to any person committing such

violations.

(b) Civil penalties; cease and desist orders; appeal; failure to

comply with order or assessment; further proceedings and

penalties

(1) Any person who violates any provision of any plan or

regulation issued by the Secretary under this chapter, or who fails

or refuses to pay, collect, or remit any assessment or fee duly

required of such person thereunder, may be assessed a civil penalty

by the Secretary of not less than $500 or more than $5,000 for each

such violation. Each violation shall be a separate offense. In

addition to or in lieu of such civil penalty the Secretary may

issue an order requiring such person to cease and desist from

continuing such violations. No penalty shall be assessed or cease

and desist order issued unless such person is given notice and

opportunity for a hearing before the Secretary with respect to such

violation, and the order of the Secretary assessing a penalty or

imposing a cease and desist order shall be final and conclusive

unless the affected person files an appeal from the Secretary's

order with the appropriate United States court of appeals.

(2) Any person against whom a violation is found and a civil

penalty assessed or cease and desist order issued under subsection

(b)(1) of this section may obtain review in the court of appeals of

the United States for the circuit in which such person resides or

carries on business or in the United States Court of Appeals for

the District of Columbia Circuit by filing a notice of appeal in

such court within thirty days from the date of such order and by

simultaneously sending a copy of such notice by certified mail to

the Secretary. The Secretary shall promptly file in such court a

certified copy of the record upon which such violation was found.

The findings of the Secretary shall be set aside only if found to

be unsupported by substantial evidence.

(3) Any person who fails to obey a cease and desist order after

it has become final and unappealable, or after the appropriate

court of appeals has entered a final judgment in favor of the

Secretary, shall be subject to a civil penalty assessed by the

Secretary, after opportunity for a hearing and for judicial review

under the procedures specified in subsections (b)(1) and (2) of

this section, of not more than $500 for each offense, and each day

during which such failure continues shall be deemed a separate

offense.

(4) If any person fails to pay an assessment of a civil penalty

after it has become a final and unappealable order, or after the

appropriate court of appeals has entered final judgment in favor of

the Secretary, the Secretary shall refer the matter to the Attorney

General for recovery of the amount assessed in any appropriate

district court of the United States. In such action, the validity

and appropriateness of the final order imposing the civil penalty

shall not be subject to review.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 312, Jan. 11, 1971, 84 Stat. 2045;

Pub. L. 97-244, Sec. 3, Aug. 26, 1982, 96 Stat. 310.)

-MISC1-

AMENDMENTS

1982 - Subsec. (a). Pub. L. 97-244 substituted ''from violating

any plan or regulation made or issued under this chapter'' for

''from violating, any plan or regulation made or issued pursuant to

this chapter'', and inserted provision that the facts relating to

any civil action authorized to be brought under this subsection

must be referred to the Attorney General for appropriate action,

provided that nothing in this chapter shall be construed as

requiring the Secretary to refer to the Attorney General violations

of this chapter whenever the Secretary believes that the

administration and enforcement of any such plan or regulation would

be adequately served by administrative action under subsec. (b) of

this section or suitable written notice or warning to any person

committing such violations.

Subsec. (b). Pub. L. 97-244 added subsec. (b). Former subsec.

(b), which provided that any handler who violated any provision of

any plan issued by the Secretary under this chapter, or who failed

or refused to remit any assessment or fee duly required of him

thereunder, would be subject to criminal prosecution and would be

fined not less than $100 nor more than $1,000 for each such

offense, was struck out.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2620 of this title.

-CITE-

7 USC Sec. 2622 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2622. Investigations

-STATUTE-

(a) Administration of oath; subpena; contempts; process;

jurisdiction

The Secretary may make such investigations as he deems necessary

for the effective carrying out of his responsibilities under this

chapter or to determine whether any person has engaged or is

engaging in any acts or practices which constitute a violation of

any provision of this chapter, or of any plan, or rule or

regulation issued under this chapter. For the purpose of any such

investigation, the Secretary is empowered to administer oaths and

affirmations, subpena witnesses, compel their attendance, take

evidence, and require the production of any books, papers, and

documents which are relevant to the inquiry. Such attendance of

witnesses and the production of any such records may be required

from any place in the United States. In case of contumacy by, or

refusal to obey a subpena issued to, any person, including a

handler, the Secretary may invoke the aid of any court of the

United States within the jurisdiction of which such investigation

or proceeding is carried on, or where such person resides or

carries on business, in requiring the attendance and testimony of

witnesses and the production of books, papers, and documents; and

such court may issue an order requiring such person to appear

before the Secretary, there to produce records, if so ordered, or

to give testimony touching the matter under investigation. Any

failure to obey such order of the court may be punished by such

court as contempt thereof. All process in any such case may be

served in the judicial district whereof such person is an

inhabitant or wherever he may be found. The site of any hearings

held under this section shall be within the judicial district where

such person is an inhabitant or has his principal place of

business.

(b) Self-incrimination; privilege

No person shall be excused from attending and testifying or from

producing books, papers, and documents before the Secretary, or in

obedience to the subpena of the Secretary, or in any cause or

proceeding, criminal or otherwise, based upon, or growing out of

any alleged violation of this chapter, or of any plan, or rule or

regulation issued thereunder on the ground or for the reason that

the testimony or evidence, documentary or otherwise, required of

him may tend to incriminate him or subject him to a penalty or

forfeiture; but no individual shall be prosecuted or subjected to

any penalty or forfeiture for or on account of any transaction,

matter, or thing concerning which he is compelled, after having

claimed his privilege against self-incrimination, to testify or

produce evidence, documentary or otherwise, except that any

individual so testifying shall not be exempt from prosecution and

punishment for perjury committed in so testifying.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 313, Jan. 11, 1971, 84 Stat. 2046;

Pub. L. 101-624, title XIX, Sec. 1943, Nov. 28, 1990, 104 Stat.

3868.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-624 substituted ''any'' for ''a

handler or any other'' before ''person has engaged'' in first

sentence, and struck out ''handler or other'' after ''judicial

district where such'' in last sentence.

-CITE-

7 USC Sec. 2623 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2623. Referendum

-STATUTE-

(a) Secretary's duty to conduct; purpose of referendum

The Secretary shall conduct a referendum among producers, who

during a representative period determined by the Secretary have

been engaged in the production of potatoes, for the purpose of

ascertaining whether the issuance of a plan is approved or favored

by such producers. When the issuance of a plan would subject

importers to the terms and conditions of a plan, the Secretary also

shall conduct the referendum among importers, who during a

representative period determined by the Secretary have been engaged

in the importation of potatoes, for the purpose of ascertaining

whether the issuance of such plan is approved or favored by such

importers.

(b) Required margin of approval

No plan issued under this chapter shall be effective unless the

Secretary determines that the issuance of such plan is approved or

favored by not less than a majority of the producers voting in such

referendum or a majority of the producers and importers when the

issuance of a plan would subject importers to the terms and

conditions of a plan, voting in such referendum.

(c) Amendments

The failure of potato producers and importers to approve an

amendment to any plan issued under this chapter shall not be deemed

to invalidate such plan.

(d) Penalties for disclosure of confidential information, ballots

and reports

The ballots and other information or reports which reveal or tend

to reveal the vote of any producer or his production of potatoes,

or any importer or the volume of potatoes imported by such

importer, shall be held strictly confidential and shall not be

disclosed. Any officer or employee of the Department of

Agriculture violating the provisions hereof shall upon conviction

be subject to the penalties provided in section 2619(c) of this

title.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 314, Jan. 11, 1971, 84 Stat. 2046;

Pub. L. 97-244, Sec. 4, Aug. 26, 1982, 96 Stat. 311; Pub. L.

101-624, title XIX, Sec. 1944, Nov. 28, 1990, 104 Stat. 3868.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-624, Sec. 1944(1), inserted at

end ''When the issuance of a plan would subject importers to the

terms and conditions of a plan, the Secretary also shall conduct

the referendum among importers, who during a representative period

determined by the Secretary have been engaged in the importation of

potatoes, for the purpose of ascertaining whether the issuance of

such plan is approved or favored by such importers.''

Subsec. (b). Pub. L. 101-624, Sec. 1944(2), substituted ''a

majority of the producers voting in such referendum or a majority

of the producers and importers when the issuance of a plan would

subject importers to the terms and conditions of a plan, voting in

such referendum'' for ''two-thirds of the producers voting in such

referendum, or by the producers of not less than two-thirds of the

potatoes produced during the representative period by producers

voting in such referendum, and by not less than a majority of the

producers voting in such referendum''.

Subsec. (c). Pub. L. 101-624, Sec. 1944(3), inserted ''and

importers'' after ''producers''.

Subsec. (d). Pub. L. 101-624, Sec. 1944(4), inserted '', or any

importer or the volume of potatoes imported by such importer,''

after ''potatoes''.

1982 - Pub. L. 97-244 designated existing provisions as subsecs.

(a), (b) and (d), in subsec. (a), as so redesignated, inserted

commas after ''referendum among producers'' and ''production of

potatoes'', struck out commas after ''who'' and ''determined by the

Secretary'', and substituted ''by such producers'' for ''by

producers'', in subsec. (b), as so redesignated, substituted

''under this chapter'' for ''pursuant to this chapter'', and added

subsec. (c).

CONSTRUCTION OF 1982 REFERENDUM ON AMENDMENTS TO PLAN

Pub. L. 98-171, Sec. 2(b), Nov. 29, 1983, 97 Stat. 1118, provided

that: ''The failure of potato producers in December 1982 to approve

amendments to the plan issued under this title (probably means

title III of Pub. L. 91-670 which is classified to this chapter)

shall not be deemed to invalidate the plan.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2617 of this title.

-CITE-

7 USC Sec. 2624 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2624. Suspension or termination of plans

-STATUTE-

(a) Duty of Secretary

The Secretary shall, whenever he finds that a plan or any

provision thereof obstructs or does not tend to effectuate the

declared policy of this chapter, terminate or suspend the operation

of such plan or such provision thereof.

(b) Referendum

The Secretary may conduct a referendum at any time and shall hold

a referendum on request of the board or of 10 per centum or more of

the potato producers, or of the total number of producers and

importers when importers are subject to a plan, to determine if

potato producers and importers favor the termination or suspension

of the plan, and he shall terminate or suspend such plan at the end

of the marketing year whenever he determines that such suspension

or termination is favored by a majority of those voting in a

referendum, and who produce and import more than 50 per centum of

the volume of the potatoes produced and imported by those voting in

the referendum.

(c) Limitation

The termination or suspension of any plan, or any provision

thereof, shall not be considered the issuance of a plan within the

meaning of this chapter.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 315, Jan. 11, 1971, 84 Stat. 2047;

Pub. L. 101-624, title XIX, Sec. 1945, Nov. 28, 1990, 104 Stat.

3868.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c), was in the original

''this part'', and was translated as reading ''this title'',

meaning title III of Pub. L. 91-670, which enacted this chapter, as

the probable intent of Congress, because title III does not contain

parts.

-MISC2-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-624, Sec. 1945(1), inserted '',

or of the total number of producers and importers when importers

are subject to a plan,'' after first reference to ''potato

producers'', ''and importers'' after second reference to ''potato

producers'', and ''and import'' after ''produce'', and substituted

''and imported by those voting in the referendum'' for ''by the

potato producers voting in the referendum''.

Subsec. (c). Pub. L. 101-624, Sec. 1945(2), added subsec. (c).

-CITE-

7 USC Sec. 2625 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2625. Amendment procedure

-STATUTE-

The provisions of this chapter applicable to plans shall be

applicable to amendments to plans.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 316, Jan. 11, 1971, 84 Stat.

2047.)

-MISC1-

AMENDMENT PROCEDURE

Pub. L. 101-624, title XIX, Sec. 1946, Nov. 28, 1990, 104 Stat.

3869, provided that:

''(a) In General. - Notwithstanding any provision of the Potato

Research and Promotion Act (7 U.S.C. 2611 et seq.) (hereafter in

this section referred to as the 'Act'), the procedure specified in

this section shall apply if a producer or a producer organization

requests the Secretary of Agriculture (hereafter in this section

referred to as the 'Secretary') to amend the plan in effect under

that Act (hereafter in this section referred to as the 'plan') to -

''(1) subject importers to the terms and conditions of a plan,

and

''(2) eliminate provisions for refunds of assessments for those

not in favor of supporting the research and promotion program as

provided under that Act.

The procedure under this section shall apply only in the case of

the first such request received after the date of enactment of this

Act (Nov. 28, 1990).

''(b) Publication of Proposed Amendments. - The Secretary shall

publish for public comment such proposed amendments to the plan

within 60 days.

''(c) Issuance of Final Amendments. - Not later than 150 days

after publication of such amendment, and after notice and

opportunity for public comment, the Secretary shall issue the

amendments to the plan, as described in subsection (a), if the

Secretary has reason to believe that such amendments will tend to

effectuate the declared policy of this subtitle (see Short Title of

1990 Amendment note set out under section 2611 of this title).

''(d) Referendum. - Not later than 24 months after the date of

issuance of such amendments to the plan, the Secretary shall

conduct a referendum among producers and importers who, during a

representative period determined by the Secretary, have been

engaged in the production or importation of potatoes. The

amendments shall be continued only if the Secretary determines that

the amendments to the plan have been approved by a majority of the

total number of producers and importers voting in the referendum.

''(e) Refunds. - The board shall -

''(1) establish an escrow account to be used for assessment

refunds, and place funds in such account in accordance with

paragraph (2) during the period beginning on the effective date

of the amendments to the plan issued under subsection (c) and

ending on the date of the referendum on the amendments to the

plan;

''(2) place in the account established under paragraph (1),

from assessments collected under the plan during the period

referred to in paragraph (1), an amount equal to the product

obtained by multiplying the total amount of assessments collected

during such period by 10 percent;

''(3) subject to paragraphs (4), (5), and (6), provide that for

the period referred to in paragraph (1) any producer or importer

shall have the right to demand and receive from the board a

one-time refund of assessments collected from such producer or

importer during such period if -

''(A) such producer or importer is responsible for paying

such assessments;

''(B) such producer or importer does not support the program

established under the plan; and

''(C) the amendments to the plan to eliminate provisions for

refunds of assessments are not approved pursuant to a

referendum conducted under subsection (d);

''(4) require such demand to be made in accordance with

regulations, on a form, and within a time period prescribed by

the board;

''(5) require such refund to be made on submission of proof

satisfactory to the board that such producer or importer paid the

assessment for which refund is demanded; and

''(6) if the amount in the escrow account required to be

established by paragraph (1) is not sufficient to refund the

total amount of assessments demanded by all eligible producers

and importers under this subsection, prorate the amount of such

refunds among all eligible producers and importers who demand

such refund.

''(f) Termination. - If such amendments to the plan are not

approved, the Secretary shall terminate the amendments and the plan

shall continue in effect without the amendments.

''(g) Amendment to Include the 50 States. - Notwithstanding any

provision of the Act, the Secretary shall, upon request of a

producer or a producer organization, issue an amendment to the plan

to include the 50 States of the United States. Such amendment shall

not be subject to a referendum.''

-CITE-

7 USC Sec. 2626 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2626. Separability

-STATUTE-

If any provision of this chapter or the application thereof to

any person or circumstances is held invalid, the validity of the

remainder of this chapter and of the application of such provision

to other persons and circumstances shall not be affected thereby.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 317, Jan. 11, 1971, 84 Stat.

2047.)

-CITE-

7 USC Sec. 2627 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 58 - POTATO RESEARCH AND PROMOTION

-HEAD-

Sec. 2627. Authorization

-STATUTE-

There is hereby made available from the funds provided by section

612c of this title such sums as are necessary to carry out the

provisions of this chapter: Provided, That no such sum shall be

used for the payment of any expenses or expenditures of the board

in administering any provision of any plan issued under authority

of this chapter.

-SOURCE-

(Pub. L. 91-670, title III, Sec. 318, Jan. 11, 1971, 84 Stat.

2047.)

-CITE-