S. 1181 (91st): An Act to enable potato growers to finance a nationally coordinated research and promotion program to improve ...
...their competitive position and expand their markets for potatoes by increasing consumer acceptance of such potatoes and potato pr
2040 PUBLIC LAW 91-670-JAN. 11, 1971 [84 STAT. Public Law 91-670 AN ACT January 1 1 , 1971 [S.1181] To provide authority for promotion programs for milk, tomatoes, and potatoes, and to amend section 8e of the Agricultural Adjustment Act, as reenacted and amended, to provide for the extension of restrictions on imported commodities imposed by such section to imported raisins, olive,s, and prunes. Be it enacted hy the Senate and House of Representatives of the A gricuitura 1 Ad- United StMes o f America in Congress assembled, justment A c t , •' "^ ^ amendments. TITLE I—ADVERTISING PROJECTS: MILK SEC. 101. The Agricultural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as 49 S t a t . 7 5 3 ; 79 Stat. 1187. amended, is further amended, by adding at the end of subsection 8c (5) 7 u s e 608c. the following new subparagraph (I) : " ( I ) EstaWishing or providing for the establishment of research and development projects, and advertising (excluding brand adver- tising), sales promotion, educational, and other programs, designed to improve or promote the domestic marketing and consumption of milk and its products, to be financed by producers in a manner and at a rate specified in the order, on all producer milk under the order. Producer contributions under this subparagraph may be deducted from funds due producers in computing total pool value or otherwise computing total funds due producers and such deductions shall be in addition to the adjustments authorized by subparagraph (B) of subsection 8c(5). Provision may be made in the order to exempt, or allow suitable adjustments or credits in connection with, milk on which a mandatory checkoff for advertising or marketing research is required under the authority of any State law. Such funds shall be paid to an agency organized by milk producers and producers' cooperative asso- ciations in such form and with such methods of operation as shall be specified in the order. Such agency may expend such funds for any of the purposes authorized by this subparagraph and may designate, employ, and allocate funds to persons and organizations engaged in such programs which meet the standards and qualifications specified in the order. All funds collected under this subparagraph shall be separately accounted for and shall be used only for the purposes for which they were collected. Programs authorized by this subparagraph may be either local or national in scope, or both, as provided m the order, but shall not be international. Order provisions under this subparagraph shall not become effective in any marketing order unless such provisions are approved by producers separately from other order provisions, in the same manner provided for the approval of market- ing orders, and may be terminated separately whenever the Secretary makes a determination wuth respect to such provisions as is provided 49 S t a t . 760. for the termination of an order in subsection 8c(16) ( B ) . Disapproval or termination of such order provisions shall not be considered dis- approval of the order or of other terms of the order. Notwithstanding any other provision of this Act, as amended, any producer against whose marketings any assessment is withheld or collected under the authority of this subparagraph, and who is not in favor of supporting the research and promotion programs, as provided for herein, shall have the right to demand and receive a refund of such assessment pursuant to the terms and conditions specified in the order."
84 STAT. ] PUBLIC LAW 91-670-JAN. 11, 1971 2041 T I T L E II—TOMATO ADVERTISING P R O J E C T S SEC. 201. Section 8c(6) (I) of the Agricultural Adjustment Act, as amended, and as reenacted and amended by the Agricultural Market- ing Agreement Act of 1937, aa amended, is amended by striking out ^"'e, p. 687. "or apples" in the first proviso, and inserting in lieu thereof "apples, or tomatoes". T I T L E I I I — P O T A T O R E S E A R C H AND P R O M O T I O N This title may be cited as the "Potato Research and Promotion Act". ti^^"^"°" °^ F I N D I N G S A N D DECLARATION OF POLICY SEC. 302. Potatoes are a basic food in the United States. They are produced by many individual potato growers in every State in the United States. I n 1966, there were one million four hundred and ninety-seven thousand acres of cropland in the United States devoted to the production of potatoes. Approximately two hundred and seventy-five million hundredweight of potatoes have been produced annually during the past five years with an estimated sales value to the potato producers of $561,000,000. Potatoes and potato products move, in a large part, in the channels of interstate commerce, and potatoes which do not move in such channels directly burden or affect interstate commerce in potatoes and potato products. All potatoes produced in the United States are in the current of interstate commerce or directly burden, obstruct, or affect interstate commerce in potatoes and potato products. The maintenance and expansion of existing potato markets and the development of new or improved markets are vital to the welfare of potato growers and those concerned with marketing, using, and proc- essing potatoes as well as the general economic welfare of the Nation. Therefore, it is the declared policy of the Congress and the purpose of this title that it is essential in the public interest, through the exer- cise of the powers provided herein, to authorize the establishment of an orderly procedure for the financing, through adequate assessments on all potatoes harvested in the United States for commercial use, and the carrying out of an effective and continuous coordinated program of research, development, advertising, and promotion designed to strengthen potatoes' competitive position, and to maintain and expand domestic and foreign markets for potatoes produced in the United States. DEFINITIONS SEC. 303. As used in this title: (a) The term "Secretary" means the Secretary of Agriculture. (b) The term "person" means any individual, partnership, corpora- tion, association, or other entity. (c) The term "potatoes" means all varieties of Irish potatoes grown by producers in the forty-eight contiguous States of the United States. (d) The term "handler" means any person (except a common or contract carrier of potatoes owned by another person) who handles potatoes in a manner specified in a plan issued pursuant to this title or in the rules and regulations issued thereunder. (e) The term "producer" means any person engaged in the growing of five or more acres of potatoes. (f) The term "promotion" means any action taken by the National Potato Promotion Board, pursuant to this title, to present a favorable
2042 PUBLIC LAW 91-670-JAN. 11, 1971 [84 STAT. image for potatoes to the public with the express intent of improving their competitive positions and stimulating sales of potatoes and shall include, but shall not be limited to, paid advertising. A U T H O R I T Y TO I S S U E A P L A N SEC. 304. To effectuate the declared policy of this title, the Secretary shall, subject to the provisions of this title, issue and from time to time amend, orders applicable to persons engaged in the handling of potatoes (hereinafter referred to as handlers) and shall have author- ity to issue order's authorizing the collection of assessments on potatoes handled under the provisions of this title, and to authorize the use of such funds to provide research, development, advertising, and pro- motion of potatoes in a manner prescribed in this title. Any order issued by the Secretary under this title shall hereinafter in this title be referred to as a "plan". Any such plan shall be applicable to potatoes produced in the forty-eight contiguous States of the United States. NOTICE AND HEARINGS SEC. 305. When sufficient evidence is presented to the Secretary by potato producers, or whenever the Secretary has reason to believe that a plan will tend to effectuate the declared policy of this title, he shall give due notice and opportunity for a hearing upon a proposed plan. Such hearing may be requested by potato producers or by any other interested person or persons, including the Secretary, when the request for such hearing is accompanied by a proposal for a plan. F I N D I N G A N D I S S U A N C E OF A P L A N SEC. 306. After notice and opportunity for hearing, the Secretary shall issue a plan if he finds, and sets forth in such plan, upon the evidence introduced at such hearing, that the issuance of such plan and all the terms and conditions thereof will tend to effectuate the declared policy of this title. REGULATIONS SEC. 307. The Secretary is authorized to make such regulations with the force and effect of law, as may be necessary to carry out the provi- sions of this title and the powers vested in him by this title. REQUIRED T E R M S I N PLANS SEC. 308. Any plan issued pursuant to this title shall contain the following terms and conditions: National P o t a t o (a) Providing for the establishment by the Secretary of a National Promotion Board, Potato Promotion Board (hereinafter referred to as "the board") establishment. and for defining its powers and duties, which shall include powers— (1) to administer such plan in accordance with its terms and conditions; (2) to make rules and regulations to effectuate the terms and conditions of such plan; (3) to receive, investigate, and report to the Secretary com- plaints of violations of such plan; and (4) to recommend to the Secretary amendments to such plan. Membership. (b) Providing that the board shall be composed of representatives of producers selected by the Secretary from nominations made by producers in such manner as may be prescribed by the Secretary. I n
84 STAT. ] PUBLIC LAW 91-670-JAN. 11, 1971 2043 the event producers fail to select nominees for appointment to the board, the Secretary shall appoint producers on the basis of represen- tation provided for in such plan. (c) Providing that board members shall serve without compensation, Expense s. but shall be reimbursed for reasonable expenses incurred in performing their duties as members of the board. (d) Providing that the board shall prepare and submit to the ^"dget. Secretary for his approval a budget, on a fiscal period basis, of its anticipated expenses and disbursements in the administration of the plan, including probable costs of research, development, advertising, and promotion. (e) Providing that the board shall recommend to the Secretary and Costs, assess- ment r a t e . the Secretary shall fix the assessment rate required for such costs as may be incurred pursuant to subsection (d) of this section; but in no event shall the assessment rate exceed 1 cent per one hundred pounds of potatoes handled. (f) P r o v i d i n g t h a t — Restrictions. (1) funds collected by the board shall be used for research, development, advertising, or promotion of potatoes and potato products and such other expenses for the administration, mainte- nance, and functioning of the board, as may be authorized by the Secretary; (2) no advertising or sales promotion program shall make any reference to private brand names or use false or unwarranted claims in behalf of potatoes or their products or false or unwar- ranted statements with respect to the attributes or use of any competing products; and (3) no funds collected by the board shall in any manner be used for the purpose of influencing governmental policy or action, except as provided by subsection (a) (4) of this section. (g) Providing that, notwithstanding any other provisions of this Assessment, re- title, any potato producer against whose potatoes any assessment is "" * made and collected under authority of this title and who is not in favor of supporting the research and promotion program as provided for under this title shall have the right to demand and receive from the board a refund of such assessment: Provided^ That such demand shall be made personally by such producer in accordance with regulations and on a form and within a time period prescribed by the board and approved by the Secretary, but in no event less than ninety days, and upon submission of proof satisfactory to the board that the producer paid the assessment for which refund is sought, and any such refund shall be made within sixty days after demand therefor. (h) Providing that the board shall, subject to the provisions of subsections (e) and (f) of this section, develop and submit to the Sec- retary for his approval any research, development, advertising or promotion programs or projects, and that any such program or project must be approved by the Secretary before becoming effective. (i) Providing the board with authority to enter into contracts or contract authot- agreements, with the approval of the Secretary, for the development '^^^• and carrying out of research, development, advertising or promotion programs or projects, and the payment of the cost thereof v*^ith funds collected pursuant to this title. (j) Providing that the board shall maintain books and records and Recordkeeping; prepare and submit to the Secretary such reports from time to time ^"'*" '•*^°'"*' as may be prescribed for appropriate accounting with respect to the receipt and disbursement of funds entrusted to it and cause a complete audit report to be submitted to the Secretary at the end of each fiscal period.
2044 PUBLIC LAW 91-670-JAN. 11, 1971 [84 STAT. PERMISSIVE TERMS IN PLANS SEC. 309. Any plan issued pursuant to this title may contain one or more of the following terms and conditions: (a) Providing authority to exempt from the provisions of the plan potatoes used for nonfood uses, and authority for the board to require satisfactory safeguards against improper use of such exemptions. (b) Providing for authority to d e s i ^ a t e different handler payment and reporting schedules to recognize differences in marketing practices and procedures utilized in different production areas. (c) Providing for the establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and sales promotion of potatoes and potato products and for the dis- bursement of necessary funds for such purposes: Provided^ however^ That any such program or project shall be directed toward increasing the general demand for potatoes and potato products: And provided further^ That such promotional activities shall comply with the pro- visions of section 308 (f) of this title. (d) Providing for establishing and carrying on research and devel- opment projects and studies to the end that the marketing and utiliza- tion of potatoes may be encouraged, expanded, improved, or made more efficient, and for the disbursement of necessary funds for such purposes. (e) Providing for authority to accumulate reserve funds from assessments collected pursuant to this title, to permit an effective and continuous coordinated program of research, development, advertising, and promotion in years when the production and assessment income may be reduced: Provided^ That the total reserve fund does not exceed the amount budgeted for two years' operation. (f) Providing for authority to use funds collected herein, wdth the approval of the Secretary, for the development and expansion of potato and potato product sales in foreign markets. (g) Terms and conditions incidental to and not inconsistent with the terms and conditions specified in this title and necessary to effec- tuate the other provisions of such plan. ASSESSMENTS SEC. 310. (a) Each handler designated by the board, pursuant to regulations issued under the plan, to make payment of assessments shall be responsible for payment to the board, as it may direct, of any assessment levied on potatoes; and such handler may collect from any producer or deduct from the proceeds paid to any producer, on whose potatoes such assessment is made, any such assessment required to be Recordkeeping. paid by such handler. Such handler shall maintain a separate record with respect to each producer for whom potatoes were handled, and such records shall indicate the total quantity of potatoes handled by him including those handled for producers and for himself, shall indicate the total quantity of potatoes handled by him which are included under the.terms of a plan as well as those which are exempt under such plan, and shall indicate such other information as may be prescribed by the board. To facilitate the collection and payment of such assessments, the board may designate different handlers or classes of handlers to recognize differences in marketing practices or proce- dures utilized in any State or area. No more than one such assessment shall be made on any potatoes. Records, avail- (b) Handlers responsible for payment of assessments under sub- ability; reports. section (a) of this section shall maintain and make available for inspection by the Secretary such books and records as required by the
84 STAT. ] PUBLIC LAW 91-670-JAN. 11, 1971 2045 plan and file reports at the times, in the manner, and having the content prescribed by the plan, to the end that information and data shall be made available to the board and to the Secretary which is appropriate or necessary to the effectuation, administration, or enforcement of this title or of any plan or regulation issued pursuant to this title. (c) All information obtained pursuant to subsections (a) and (b) ^ confidential in- of this section shall be kept confidential by all officers and employees formation. of the Department of Agriculture and of the board, and only such information so furnished or acquired as the Secretary deems relevant shall be disclosed by them, and then only in a suit or administrative hearing brought at the direction, or upon the request, of the Secretary, or to which he or any officer of the United States is a party, and involving the plan with reference to which the information to be disclosed was furnished or acquired. Nothing in this section shall be deemed to prohibit— (1) the issuance of general statements based upon the reports of a number of handlers subject to a plan if such statements do not identify the information furnished by any person, or (2) the publication by direction of the Secretary of the name of any person violating any plan together with a statement of the particular provisions of the plan violated by such person. Any such officer or employee violating the provisions of this sub- Penalty. section shall upon conviction be subject to a fine of not more than $1,000 or imprisonment for not more than one year, or both, and shall be removed from office. PETITION AND REVIEW SEC. 311. (a) Any person subject to a plan may file a written petition with the Secretary, stating that such plan or any provision of such plan or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He shall thereupon be given an opportunity for Hearing oppor- a hearing upon such petition, in accordance with regulations made by *""^*y* the Secretary. After such hearing, the Secretary shall make a ruling upon the prayer of such petition w^hich shall be final, if in accordance with law. (b) The district courts of the United States in any district in which Jurisdiction, such person is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling: Provided^ That a complaint for that purpose is filed within twenty days from the date of the entry of such ruling. Service of process in such pro- ceedings may be had upon the Secretary by delivering to him a copy of the complaint. If the court determines that such ruling is not in acco- dance with law, it shall remand such proceedings to the Secretary with directions either (1) to make such ruling as the court shall deter- mine to be in accordance with law, or (2) to take such further proceed- ings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to subsection (a) of this section shall not impede, hinder, or delay the United States or the Secretary from obtaining relief pursuant to section 312(a) of this title. ENFORCEMENT SEC. 312. (a) The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any plan or regulation made or issued pursuant to this title. (b) Any handler who violates any provisions of any plan issued by the Secretary under this title, or who fails or refuses to remit any
2046 PUBLIC LAW 91-670-JAN. 11, 1971 [84 STAT. assessment or fee duly required of him thereunder shall be subject to criminal prosecution and shall be fined not less than $100 nor more than $1,000 for each such offense. I N V E S T I G A T I O N A N D POWER TO S U B P E N A SEC. 313. (a) The Secretary may make such investigations as he deems necessary for the effective carrying out of his responsibilities under this title or to determine whether a handler or any other person has engaged or is engaging in any acts or practices which constitute a violation of any provision of this title, or of any plan, or rule or regulation issued under this title. For the purpose of any such investi- gation, the Secretary is empowered to administer oaths and affirma- tions, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. Such attendance of witnesses and the produc- tion of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena issued to, any person, including a handler, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents; and such court may issue an order requiring such person to appear before the Secretary, there to produce records, if so ordered, or to give testi- Penaity. mouy touchiug the matter under investigation. Any failure to obey such order of the court may be punished by such court as contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be Hearings, juris- fouud. The site of auy hearings held under this section shall be within ''^ ^°"* the judicial district where such handler or other person is an inhabitant or has his principal place of business. seif-incrimina- tion, p r i v i l e g e . ^ly"^ ^TQ persou shall be excused from attending and testifying or from producing books, papers, and documents before the Secretary, or in obedience to the subpena of the Secretary, or in any cause or proceeding, criminal or otherwise, based upon, or growing out of any alleged violation of this title, or of any plan, or rule or regulation issued thereunder on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no indi- vidual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thin^ concerning which he is compelled, after having claimed his privilege against self- incrimination, to testify or produce evidence, documentary or other- wise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. REQUIREMENT OF REFERENDUM SEC. 314. The Secretary shall conduct a referendum among pro- ducers who, during a representative period determined by the Secre- tary, have been engaged in the production of potatoes for the purpose of ascertaining whether the issuance of a plan is approved or favored by producers. No plan issued pursuant to this title shall be effective unless the Secretary determines that the issuance of such plan is approved or favored by not less than two-thirds of the producers voting in such referendum, or by the producers of not less than two- thirds of the potatoes produced during the representative period by
84 STAT. ] PUBLIC LAW 91-670-JAN. 11, 1971 2047 producers voting in such referendum, and by not less than a majority of the producers voting in such referendum. The ballots and other information or reports which reveal or tend to reveal the vote of any producer or his production of potatoes shall be held strictly confiden- tial and shall not be disclosed. Any officer or employee of the Depart- Penalty, ment of Agriculture violating the provisions hereof shall upon conviction be subject to the penalties provided in paragraph 310(c) above. SUSPENSION OR TERMINATION OF PLANS SEC. 315. (a) The Secretary shall, whenever he finds that a plan or any provision thereof obstructs or does not tend to effectuate the declared policy of this title, terminate or suspend the operation of such plan or such provision thereof. (b) The Secretary may conduct a referendum at any time and Referendum. shall hold a referendum on request of the board or of 10 per centum or more of the potato producers to determine if potato producers favor the termination or suspension of the plan, and he shall terminate or suspend such plan at the end of the marketing year whenever he deteraiines that such suspension or termination is favored by a major- ity of those voting in a referendum, and who produce more than 50 per centum of the volume of the potatoes produced by the potato producers voting in the referendum. AMENDMENT PROCEDURE SEC. 316. The provisions of this title applicable to plans shall be applicable to amendments to plans. SEPARABILITY SEC. 317. If any provision of this title or the application thereof to any person or circumstances is held invalid, the validity of the remain- der of this title and of the application of such provision to other persons and circumstances shall not be affected thereby. AUTHORIZATION SEC. 318. There is hereby made available from the funds provided by section 32 of Public Law 320, Seventy-fourth Congress (49 Stat. 774), as amended (7 U.S.C. 612c), such sums as are necessary to carry out the provisions of this title: Provided^ That no such sum shall be used for the payment of any expenses or expenditures of the board in administering any provision of any plan issued under authority of this title. E F F E C T I V E DATE SEC. 319. This title shall take effect upon enactment. T I T L E I V — R E S T R I C T I O N S OX I M P O R T E D C O M M O D I T I E S SEC. 401. Section 8e of the Agricultural Adjustment Act of 1933, as amended, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended, and as amended by the Agri- cultural Act of 1961, is amended by inserting in the first sentence l^^f}l^\l^^\ thereof between "tomatoes" and "avocadoes," the following: "raisins, "7 """ u s e 608e-l. "" ' olives (other than Spanish-style green olives), prunes"'. Approved January 1 1 , 1971.