7 U.S. Code § 6104 - Required terms in orders
(a) In general
Each order issued under this chapter shall contain the terms and conditions prescribed in this section.
(b) Mushroom Council
(1) Establishment and membership of Council
The order shall provide for the establishment of, and selection of members to, a Mushroom Council that shall consist of at least 4 members and not more than 9 members.
Except as provided for in paragraph (2), the members of the Council shall be mushroom producers and importers appointed by the Secretary from nominations submitted by producers and importers in the manner authorized by the Secretary, except that no more than one member may be appointed to the Council from nominations submitted by any one producer or importer.
(A) In general
In making appointments, the Secretary shall take into account, to the extent practicable, the geographical distribution of mushroom production throughout the United States, and the comparative volume of mushrooms imported into the United States.
In establishing such geographical distribution of mushroom production, a whole State shall be considered as a unit and such units shall be organized into 3 regions that shall fairly represent the geographic distribution of mushroom production within the United States.
Importers shall be represented as one region, which shall be separate from the regions established for mushrooms produced in the United States.
(D) Members per region
The Secretary shall appoint one member from each region if such region produces or imports, on average, at least 50,000,000 pounds of mushrooms annually.
(E) Additional members
In addition to the members appointed pursuant to paragraph (1), and subject to the 9-member limit of members on the Council provided in that paragraph, the Secretary shall appoint additional members to the council from a region that attains additional pounds of production as follows:
(i) If the annual production of a region is greater than 110,000,000 pounds, but less than or equal to 180,000,000 pounds, the region shall be represented by 1 additional member.
(ii) If the annual production of a region is greater than 180,000,000 pounds, but less than or equal to 260,000,000 pounds, the region shall be represented by 2 additional members.
(F) Average annual production
(3) Terms; compensation
The term of appointment to the Council shall be for 3 years, except that the initial appointments shall to the extent practicable be proportionately for 1-year, 2-year, and 3-year terms.
(c) Powers and duties of Council
The order shall define the powers and duties of the Council, which shall include the following powers and duties—
(4) to propose, receive, evaluate, approve and submit to the Secretary for approval under subsection (d) of this section budgets, plans, and projects of mushroom promotion, research, consumer information, and industry information, as well as to contract and enter into agreements with appropriate persons to implement such plans or projects;
(6) to develop and propose to the Secretary programs for good agricultural and good handling practices and related activities for mushrooms;
(9) to invest, pending disbursement under a plan or project, funds collected through assessments authorized under this chapter only in—
(C) any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System; or
except that income from any such invested funds may only be used for any purpose for which the invested funds may be used.
(d) Plans and budgets
(1) Submission to Secretary
The order shall provide that the Council shall submit to the Secretary for approval any plan or project of promotion, research, consumer information, or industry information.
The order shall require the Council to submit to the Secretary for approval budgets on a fiscal year basis of its anticipated expenses and disbursements in the implementation of the order, including projected costs of promotion, research, consumer information, and industry information plans and projects.
(e) Contracts and agreements
(1) In general
To ensure efficient use of funds, the order shall provide that the Council may enter into contracts or agreements for the implementation and carrying out of plans or projects of mushroom promotion, research, consumer information, or industry information, including contracts with producer organizations, and for the payment of the cost thereof with funds received by the Council under the order.
Any such contract or agreement shall provide that—
(A) the contracting party shall develop and submit to the Council a plan or project together with a budget or budgets that shall show estimated costs to be incurred for such plan or project;
(f) Books and records of Council
(1) In general
The order shall require the Council to—
(A) maintain such books and records (which shall be available to the Secretary for inspection and audit) as the Secretary may prescribe;
(B) prepare and submit to the Secretary, from time to time, such reports as the Secretary may prescribe; and
(1) Collection and payment
(A) In general
The order shall provide that each first handler of mushrooms for the domestic fresh market produced in the United States shall collect, in the manner prescribed by the order, assessments from producers and remit the assessments to the Council.
The order also shall provide that each importer of mushrooms for the domestic fresh market shall pay assessments to the Council in the manner prescribed by the order.
(2) Rate of assessment
The rate of assessment shall be determined and announced by the Council and may be changed by the Council at any time. The order shall provide that the rate of assessment—
(3) Use of assessments
The order shall provide that the assessments shall be used for payment of the expenses in implementing and administering this chapter, with provision for a reasonable reserve, and to cover those administrative costs incurred by the Secretary in implementing and administering this chapter, except for the salaries of Government employees incurred in conducting referenda.
The order shall prohibit any funds received by the Council under the order from being used in any manner for the purpose of influencing legislation or governmental action or policy, except that such funds may be used by the Council for the development and recommendation to the Secretary of amendments to the order as prescribed in this chapter and for the submission to the Secretary of recommended voluntary grade and quality standards for mushrooms under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.).
(i) Books and records
(1) In general
The order shall require that each first handler and importer of mushrooms maintain, and make available for inspection, such books and records as may be required by the order and file reports at the time, in the manner, and having the content prescribed by the order.
(2) Availability to Secretary
Such information shall be made available to the Secretary as is appropriate for the administration or enforcement of this chapter, the order, or any regulation issued under this chapter.
(A) In general
Except as otherwise provided in this chapter, all information obtained under paragraph (1) shall be kept confidential by all officers and employees of the Department and the Council, and agents of the Council, and only such information so obtained as the Secretary considers relevant may be disclosed to the public by them and then only in a suit or administrative hearing brought at the request of the Secretary, or to which the Secretary or any officer of the United States is a party, and involving the order.
Nothing in this paragraph may be construed to prohibit—
(i) the issuance of general statements, based on the reports, of the number of persons subject to the order or statistical data collected therefrom, which statements do not identify the information furnished by any person; or
(4) Availability of information
(A) In general
Except as otherwise provided in this chapter, information obtained under this chapter may be made available to another agency of the Federal Government for a civil or criminal law enforcement activity if the activity is authorized by law and if the head of the agency has made a written request to the Secretary specifying the particular information desired and the law enforcement activity for which the information is sought.
Source(Pub. L. 101–624, title XIX, § 1925,Nov. 28, 1990, 104 Stat. 3857; Pub. L. 102–237, title VIII, § 803(1),Dec. 13, 1991, 105 Stat. 1882; Pub. L. 110–234, title X, § 10104,May 22, 2008, 122 Stat. 1336; Pub. L. 110–246, § 4(a), title X, § 10104,June 18, 2008, 122 Stat. 1664, 2097.)
References in Text
The Agricultural Marketing Act of 1946, referred to in subsec. (h), is title II of act Aug. 14, 1946, ch. 966, 60 Stat. 1087, as amended, which is classified generally to chapter 38 (§ 1621 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1621 of this title and Tables.
Pub. L. 110–234and Pub. L. 110–246made identical amendments to this section. The amendments by Pub. L. 110–234were repealed by section 4(a) ofPub. L. 110–246.
2008—Subsec. (b)(2)(B). Pub. L. 110–246, § 10104(a)(1), substituted “3 regions” for “4 regions”.
Subsec. (b)(2)(D). Pub. L. 110–246, § 10104(a)(2), substituted “50,000,000 pounds” for “35,000,000 pounds”.
Subsec. (b)(2)(E). Pub. L. 110–246, § 10104(a)(3), added subpar. (E) and struck out former subpar. (E). Prior to amendment, text read as follows: “Subject to the nine-member limit on the number of members on the Council provided in paragraph (1), the Secretary shall appoint an additional member to the Council from a region for each additional 50,000,000 pounds of production or imports per year, on average, within the region.”
Subsec. (c)(6) to (9). Pub. L. 110–246, § 10104(b), added par. (6) and redesignated former pars. (6) to (8) as (7) to (9), respectively.
1991—Subsec. (h). Pub. L. 102–237substituted “governmental” for “government”.
Effective Date of 2008 Amendment