
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC6204]

 
                          TITLE 7--AGRICULTURE
 
     CHAPTER 91--LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION
 
Sec. 6204. Required terms in orders


(a) In general

    An order issued by the Secretary under section 6203(a) of this title 
shall contain the terms and conditions described in this section and, 
except as provided in section 6205 of this title, no other terms or 
conditions.

(b) Lime Board

    Such order shall provide for the establishment of a Lime Board as 
follows:

                           (1) Membership

        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
            (C) one member appointed from the general public.

                   (2) Appointment and nomination

        (A) Appointment

            The Secretary shall appoint the members of the Board.

        (B) Producers

            The 3 members who are producers shall be appointed from 
        individuals nominated by lime producers.

        (C) Importers

            The 3 members who are importers shall be appointed from 
        individuals nominated by lime importers.

        (D) Public

            The public representative shall be appointed from 
        nominations of the Board.

        (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.

        (G) Board allocation

            The producer and importer representation on the Board shall 
        be allocated on the basis of 2 producer members and 1 importer 
        member from the district east of the Mississippi River and 1 
        producer member and 2 importer members from the district west of 
        the Mississippi River.

                           (3) Alternates

        The Secretary shall appoint an alternate for each member of the 
    Board. An alternate shall--
            (A) be appointed in the same manner as the member for whom 
        such individual is an alternate; and
            (B) serve on the Board if such member is absent from a 
        meeting or is disqualified under paragraph (5).

                              (4) Terms

        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--
            (A) 2 members shall be appointed for a term of 1 year;
            (B) 2 members shall be appointed for a term of 2 years; and
            (C) 3 members shall be appointed for a term of 3 years;

    as designated by the Secretary at the time of appointment.

                           (5) Replacement

        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.

                          (6) Compensation

        Members and alternates of the Board shall serve without pay.

                         (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;
            (B) prescribe rules and regulations to effectuate the terms 
        and provisions of such orders;
            (C) receive, investigate, and report to the Secretary 
        accounts of violations of such orders;
            (D) make recommendations to the Secretary with respect to 
        amendments that should be made to such orders; and
            (E) employ a manager and staff.

(c) Budgets and plans

    Such order shall provide for periodic budgets and plans as follows:

                             (1) Budgets

        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.

                              (2) Plans

        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--
            (A) the development and carrying out of such plan; and
            (B) the payment of the cost of such plan with funds 
        collected pursuant to this chapter.

(d) Assessments

    Such order shall provide for the imposition and collection of 
assessments with regard to the production and importation of limes as 
follows:

                              (1) Rate

        The assessment rate shall not exceed $.01 per pound of limes.

                  (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
            (B) maintain a separate record of the limes of each producer 
        whose limes are so handled, including the limes owned by the 
        handler.

                        (3) Producer-handlers

        For purposes of paragraph (2), a producer-handler shall be 
    considered the first handler of limes produced by such producer-
    handler.

                            (4) Importers

        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--
            (A) a producer who produces less than 200,000 pounds of 
        limes per year;
            (B) a producer-handler who produces and handles less than 
        200,000 pounds of limes per year; and
            (C) an importer who imports less than 200,000 pounds of 
        limes per year.

                      (6) Claiming an exemption

        To claim an exemption under paragraph (5) for a particular year, 
    a person shall submit an application to the Board--
            (A) stating the basis for such exemption; and
            (B) certifying that such person will not exceed the 
        limitation required for such exemption in such year.

(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
                (iii) fund a reserve established under section 6205(4) 
            of this title; and

            (B) shall be used to pay the expenses incurred by the 
        Secretary, including salaries and expenses of Government 
        employees in implementing and administering the order, except as 
        provided in paragraph (2).

                            (2) Referenda

        Such order shall provide that the Board shall reimburse the 
    Secretary, from assessments collected under subsection (d) of this 
    section, for any expenses incurred by the Secretary in conducting 
    referenda under this chapter, except for the salaries of Government 
    employees.

(f) False claims

    Such order shall provide that any promotion funded with assessments 
collected under subsection (d) of this section may not make--
        (1) any false or unwarranted claims on behalf of limes; and
        (2) any false or unwarranted statements with respect to the 
    attributes or use of any product that competes with limes for sale 
    in commerce.

(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
            (C) to submit to the Secretary at the end of each fiscal 
        year a complete audit report regarding the activities of the 
        Board during such fiscal year.

                            (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
            (B) to file, at the times, in the manner, and having the 
        content prescribed by the order, reports regarding the 
        collection, payment, or remittance of such assessments.

(i) Confidentiality

                           (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.

                           (2) Limitations

        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
            (B) the publication by direction of the Secretary, of the 
        name of any person violating an order issued under section 
        6203(a) of this title, together with a statement of the 
        particular provisions of the order violated by such person.

(j) Withholding information

    Nothing in this chapter shall be construed to authorize the 
withholding of information from Congress.

(Pub. L. 101-624, title XIX, Sec. 1955, Nov. 28, 1990, 104 Stat. 3872; 
Pub. L. 102-237, title VIII, Sec. 805(1), Dec. 13, 1991, 105 Stat. 1882; 
Pub. L. 103-194, Sec. 4, Dec. 14, 1993, 107 Stat. 2295.)


                               Amendments

    1993--Subsec. (b)(1)(A), (2)(B). Pub. L. 103-194, Sec. 4(a)(1), (2), 
substituted ``3'' for ``7''.
    Subsec. (b)(2)(F). Pub. L. 103-194, Sec. 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, Sec. 4(a)(4), added subpar. (G).
    Subsec. (b)(4). Pub. L. 103-194, Sec. 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, Sec. 4(b)(2), substituted ``2'' 
for ``3''.
    Subsec. (b)(4)(B). Pub. L. 103-194, Sec. 4(b)(3), substituted ``2'' 
for ``4'' before ``members''.
    Subsec. (b)(4)(C). Pub. L. 103-194, Sec. 4(b)(4), substituted ``3'' 
for ``4'' before ``members''.
    Subsec. (d)(5). Pub. L. 103-194, Sec. 4(c), substituted ``200,000'' 
for ``35,000'', wherever appearing.
    1991--Subsec. (e)(1)(B). Pub. L. 102-237 substituted ``Government 
employees'' for ``government employees''.

                  Section Referred to in Other Sections

    This section is referred to in sections 6202, 6205, 6209 of this 
title.
