7 USC 4907 – Permissive terms in plans
(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 no others.
(b) Exemptions
Terms Used In 7 USC 4907
- Board: means the National Watermelon Promotion Board provided for in section 4906 of this title. See 7 USC 4902
- handler: means any person (except a common or contract carrier of watermelons owned by another person) who handles watermelons in a manner specified in a plan issued under this chapter or in regulations promulgated thereunder. See 7 USC 4902
- plan: means an order issued by the Secretary under this chapter. See 7 USC 4902
- promotion: means any action taken by the Board, under this chapter, to present a favorable image for watermelons to the public with the express intent of improving the competitive position of watermelons in the marketplace and stimulating sales of watermelons, and shall include, but not be limited to, paid advertising. See 7 USC 4902
- Secretary: means the Secretary of Agriculture. See 7 USC 4902
- watermelon: means all varieties of watermelon grown by producers in the United States or imported into the United States. See 7 USC 4902
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.
(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.