7 U.S. Code § 6204 - Required terms in orders
(a) In general
(b) Lime Board
Such order shall provide for the establishment of a Lime Board as follows:
The Board shall be composed of—
(A) 3 members who are producers and who are not exempt from an assessment under subsection (d)(5)(A) of this section;
(B) 3 members who are importers and who are not exempt from an assessment under subsection (d)(5)(A) of this section; and
(2) Appointment and nomination
The 3 members who are producers shall be appointed from individuals nominated by lime producers.
The 3 members who are importers shall be appointed from individuals nominated by lime importers.
(E) Failure to nominate
If producers and importers fail to nominate individuals for appointment, the Secretary may appoint members on a basis provided for in the order. If the Board fails to nominate a public representative, such member may be appointed by the Secretary without a nomination.
(F) Initial Board
The Secretary shall establish an initial Board from among nominations solicited by the Secretary. For the purpose of obtaining nominations for the members of the initial Board described in paragraph (1), the Secretary shall perform the functions of the Board under this subsection as the Secretary determines necessary and appropriate. The Secretary shall terminate the initial Board established under this subsection as soon as practicable after December 14, 1993.
The Secretary shall appoint an alternate for each member of the Board. An alternate shall—
The initial members of the Board appointed under the amended order shall serve a term of 30 months. Subsequent appointments to the Board shall be for a term of 3 years, except that—
as designated by the Secretary at the time of appointment.
If a member or alternate of the Board who was appointed as a producer, importer, or public representative ceases to belong to the group for which such member was appointed, such member or alternate shall be disqualified from serving on the Board.
(7) Travel expenses
While away from their homes or regular places of business in the performance of duties for the Board, members and alternates shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed travel expenses under section 5703 of title 5.
(8) Powers and duties
The Board shall—
(A) administer orders issued by the Secretary under section 6203 (a) of this title, and amendments to such orders, in accordance with their terms and provisions and consistent with this chapter;
(D) make recommendations to the Secretary with respect to amendments that should be made to such orders; and
(c) Budgets and plans
Such order shall provide for periodic budgets and plans as follows:
The Board shall prepare and submit to the Secretary a budget (on a fiscal period basis determined by the Secretary) of the anticipated expenses and disbursements of the Board in the administration of the order, including probable costs of research, promotion, and consumer information. A budget shall take effect on the approval of the Secretary.
Each budget shall include a plan for research, promotion, and consumer information regarding limes. A plan under this paragraph shall take effect on the approval of the Secretary. The Board may enter into contracts and agreements, with the approval of the Secretary, for—
Such order shall provide for the imposition and collection of assessments with regard to the production and importation of limes as follows:
(2) Collection by first handlers
Except as provided in paragraph (4), the first handler of limes shall—
(A) be responsible for the collection from the producer, and payment to the Board, of assessments under this subsection; and
For purposes of paragraph (2), a producer-handler shall be considered the first handler of limes produced by such producer-handler.
The assessment on imported limes shall be paid by the importer at the time of entry into the United States and shall be remitted to the Board.
(5) De minimis exception
The following persons are exempt from an assessment under this subsection—
(e) Use of assessments
(1) In general
Such order shall provide that funds paid to the Board as assessments under subsection (d) of this section—
(A) may be used by the Board to—
(i) pay for research, promotion, and consumer information described in the budget of the Board under subsection (c) of this section and for other expenses incurred by the Board in the administration of an order;
(ii) pay such other expenses for the administration, maintenance, and functioning of the Board as may be authorized by the Secretary; and
(f) False claims
Such order shall provide that any promotion funded with assessments collected under subsection (d) of this section may not make—
(g) Prohibition on use of funds
Such order shall provide that funds collected by the Board under this chapter through assessments authorized by this chapter may not, in any manner, be used for the purpose of influencing legislation or governmental policy or action, except for making recommendations to the Secretary as provided for in this chapter.
(h) Books, records, and reports
(1) By the Board
Such order shall require the Board—
(A) to maintain books and records with respect to the receipt and disbursement of funds received by the Board;
(B) to submit to the Secretary from time to time such reports as the Secretary may require for appropriate accounting; and
(2) By others
So that information and data will be available to the Board and the Secretary that is appropriate or necessary for the effectuation, administration, or enforcement of this chapter (or any order or regulation issued under this chapter), such order shall require handlers, producer-handlers, and importers who are responsible for the collection, payment, or remittance of assessments under subsection (d) of this section—
(A) to maintain and make available for inspection by the employees of the Board and the Secretary such books and records as may be required by the order; and
(1) In general
Such order shall require that all information obtained pursuant to subsection (h)(2) of this section shall be kept confidential by all officers and employees of the Department and of the Board. Only such information as the Secretary considers relevant shall be disclosed to the public and 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, involving the order with respect to which the information was furnished or acquired.
Nothing in this subsection prohibits—
(A) issuance of general statements based on the reports of a number of handlers, producer-handlers, and importers subject to an order, if the statements do not identify the information furnished by any person; or
Source(Pub. L. 101–624, title XIX, § 1955,Nov. 28, 1990, 104 Stat. 3872; Pub. L. 102–237, title VIII, § 805(1),Dec. 13, 1991, 105 Stat. 1882; Pub. L. 103–194, § 4,Dec. 14, 1993, 107 Stat. 2295.)
1993—Subsec. (b)(1)(A), (2)(B). Pub. L. 103–194, § 4(a)(1), (2), substituted “3” for “7”.
Subsec. (b)(2)(F). Pub. L. 103–194, § 4(a)(3), inserted at end “The Secretary shall terminate the initial Board established under this subsection as soon as practicable after December 14, 1993.”
Subsec. (b)(2)(G). Pub. L. 103–194, § 4(a)(4), added subpar. (G).
Subsec. (b)(4). Pub. L. 103–194, § 4(b)(1), substituted “The initial members of the Board appointed under the amended order shall serve a term of 30 months. Subsequent appointments to the Board shall be for a term of 3 years, except that—” for “Members of the Board shall be appointed for a term of 3 years. Of the members first appointed—”.
Subsec. (b)(4)(A). Pub. L. 103–194, § 4(b)(2), substituted “2” for “3”.
Subsec. (b)(4)(B). Pub. L. 103–194, § 4(b)(3), substituted “2” for “4” before “members”.
Subsec. (b)(4)(C). Pub. L. 103–194, § 4(b)(4), substituted “3” for “4” before “members”.
Subsec. (d)(5). Pub. L. 103–194, § 4(c), substituted “200,000” for “35,000”, wherever appearing.
1991—Subsec. (e)(1)(B). Pub. L. 102–237substituted “Government employees” for “government employees”.