
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC4005]

 
                         TITLE 16--CONSERVATION
 
                 CHAPTER 60--FISH AND SEAFOOD PROMOTION
 
Sec. 4005. Functions and duties of National Council


(a) Functions and duties

    The National Council shall--
        (1) prepare and submit to the Secretary, for the Secretary's 
    review and approval, an annual marketing and promotion plan which 
    contains descriptions of consumer education, research, and other 
    marketing and promotion activities of the National Council for the 
    following year, including plans to coordinate the activities of 
    councils established under section 4009 of this title;
        (2) prepare and submit to the Secretary, for the Secretary's 
    review and approval, an annual budget of the anticipated expenses 
    and disbursements of the National Council, including probable costs 
    of consumer education, research, and other marketing and promotion 
    plans or projects, and referenda under section 4009 of this title;
        (3) maintain accounting records of the receipt and disbursement 
    of all funds entrusted to the National Council, subject to the 
    Secretary's right to review or inspect such records;
        (4) maintain such books and records as the Secretary determines 
    appropriate; and
        (5) prepare and submit to the Secretary from time to time such 
    reports or proposals as the Secretary or the National Council 
    determines appropriate for furthering the purposes and policies of 
    this chapter.

(b) Annual plan

    Each annual marketing and promotion plan shall be directed to--
        (1) increasing the general demand for fish and fish products;
        (2) encouraging, expanding, or improving the marketing and 
    promotion and utilization of fish and fish products; and
        (3) improving the dissemination of data collected by consumer 
    education, research, and other marketing promotion activities.

(c) Prohibition on certain references

    Consumer education and other marketing and promotion activities of 
the National Council shall contain no reference to a private brand or 
trade name and shall avoid use of deceptive acts or practices in behalf 
of fish or fish products or with respect to the quality, value, or use 
of any competing product or group of products. In addition, the National 
Council may not promote the consumption or purchase of a single or group 
of similar fish species (such as members of the same genera); except 
that the Council may use illustrations of a single or group of similar 
fish species in the course of promoting the generic consumption of fish 
and fish products.

(d) Executive director

    The National Council may employ and determine the salary of an 
executive director, but such salary shall not exceed Senior Executive 
Service Level 6. The executive director shall have demonstrated 
expertise in the marketing and promotion of food products and may, 
without regard to the provisions of title 5, with the approval of the 
National Council, select and employ additional staff as necessary.

(e) Funding of referendum

    The National Council may enter into agreements with applicants 
proposing to establish a council under section 4009 of this title for 
the purposes of funding a referendum establishing the council. The 
National Council may enter into agreements with the councils established 
under section 4009 of this title for the purpose of funding a referendum 
to establish quality standards, or a referendum to terminate any such 
council.

(f) Agreements

    The National Council may enter into agreements to develop and carry 
out activities authorized under this chapter.

(g) Termination of National Council

    The National Council shall cease to exist on December 31, 1991.

(Pub. L. 99-659, title II, Sec. 206, Nov. 14, 1986, 100 Stat. 3718; Pub. 
L. 101-627, title VII, Sec. 701, Nov. 28, 1990, 104 Stat. 4463.)

                       References in Text

    Senior Executive Service, referred to in subsec. (d), see section 
5382 of Title 5, Government Organization and Employees.


                               Amendments

    1990--Subsec. (g). Pub. L. 101-627 substituted ``December 31, 1991'' 
for ``October 1, 1990''.


        Continuity of Council Functions, Contracts, and Personnel

    Section 705 of Pub. L. 101-627 provided that: ``All current 
functions, contracts in force, and existing personnel of the National 
Fish and Seafood Promotional Council as of September 30, 1990, are 
reauthorized and extended, and shall continue as if uninterrupted, 
notwithstanding section 206(g) of the Fish and Seafood Promotion Act of 
1986 (16 U.S.C. 4005(g)) as in effect on September 30, 1990.''
