7 USC 7415 – Permissive terms in orders
(a) Exemptions
An order issued under this subchapter may contain—
(1) authority for the Secretary to exempt from the order any de minimis quantity of an agricultural commodity otherwise covered by the order; and
(2) authority for the board established under the order to require satisfactory safeguards against improper use of the exemption.
(b) Different payment and reporting schedules
Terms Used In 7 USC 7415
- agricultural commodity: means &mdash. See 7 USC 7412
- board: means a board established under an order issued under section 7413 of this title. See 7 USC 7412
- information: means information and programs that are designed to increase&mdash. See 7 USC 7412
- order: means an order issued by the Secretary under section 7413 of this title that provides for a program of generic promotion, research, and information regarding agricultural commodities designed to&mdash. See 7 USC 7412
- producer: means any person who is engaged in the production and sale of an agricultural commodity in the United States and who owns, or shares the ownership and risk of loss of, the agricultural commodity. See 7 USC 7412
- promotion: means any action taken by a board under an order, including paid advertising, to present a favorable image of an agricultural commodity to the public to improve the competitive position of the agricultural commodity in the marketplace and to stimulate sales of the agricultural commodity. See 7 USC 7412
- research: means any type of test, study, or analysis designed to advance the image, desirability, use, marketability, production, product development, or quality of an agricultural commodity. See 7 USC 7412
- Secretary: means the Secretary of Agriculture. See 7 USC 7412
- State: means any of the States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. See 7 USC 7412
An order issued under this subchapter may contain authority for the board established under the order to designate different payment and reporting schedules to recognize differences in agricultural commodity industry marketing practices and procedures used in different production and importing areas.
(c) Activities
An order issued under this subchapter may contain authority to develop and carry out research, promotion, and information activities designed to expand, improve, or make more efficient the marketing or use of the agricultural commodity covered by the order in domestic and foreign markets. Section 7414(e) of this title shall apply with respect to activities authorized under this subsection.
(d) Reserve funds
An order issued under this subchapter may contain authority to reserve funds from assessments collected under section 7416 of this title to permit an effective and continuous coordinated program of research, promotion, and information in years when the yield from assessments may be reduced, except that the amount of funds reserved may not exceed the greatest aggregate amount of the anticipated disbursements specified in budgets approved under section 7414(e) of this title by the Secretary for any 2 fiscal years.
(e) Credits
(1) Generic activities
An order issued under this subchapter may contain authority to provide credits of assessments for those individuals who contribute to other similar generic research, promotion, and information programs at the State, regional, or local level.
(2) Branded activities
(A) In general
The Secretary may permit a farmer cooperative that engages in branded activities relating to the marketing of the products of members of the cooperative to receive an annual credit for the activities and related expenditures in the form of a deduction of the total cost of the activities and related expenditures from the amount of any assessment that would otherwise be required to be paid by the producer members of the cooperative under an order issued under this subchapter.
(B) Election by cooperative
A farmer cooperative may elect to voluntarily waive the application of subparagraph (A) to the cooperative.
(f) Assessment of imports
An order issued under this subchapter may contain authority for the board established under the order to assess under section 7416 of this title an imported agricultural commodity, or products of such an agricultural commodity, at a rate comparable to the rate determined by the appropriate board for the domestic agricultural commodity covered by the order.
(g) Other authority
An order issued under this subchapter may contain authority to take any other action that—
(1) is not inconsistent with the purpose of this subchapter, any term or condition specified in section 7414 of this title, or any rule issued to carry out this subchapter; and
(2) is necessary to administer the order.