Page:United States Statutes at Large Volume 100 Part 5.djvu/245

 PUBLIC LAW 99-659—NOV. 14, 1986

100 STAT. 3719

Council for the following year, including plans to coordinate the activities of councils established under section 210 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 210 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 title. (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

Patents and trademarks. Labeling. Fraud.

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 5 USC 5332. shall have demonstrated expertise in the marketing and promotion of food products and may, without regard to the provisions of title 5, United States Code, 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 210 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 210 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 title. (g) TERMINATION OF NATIONAL COUNCIL.—The National Council shall cease to exist on October 1, 1990. SEC. 207. DUTIES OF THE SECRETARY WITH REGARD TO THE NATIONAL COUNCIL. (a) DUTIES OF THE SECRETARY.—The Secretary shall—

16 USC 4006.

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