Page:United States Statutes at Large Volume 114 Part 2.djvu/903

 PUBLIC LAW 106-387—APPENDIX 114 STAT. 1549A-89 investment of such funds for financing domestic promotion, research, consumer information, and industry information plans and projects, except that no such funds shall be used for the administrative expenses of such State organization. (9) ASSESSMENT FUNDS FOR IMPORTERS ASSOCIATIONS. — (A) IN GENERAL.— The order shall provide that any importers association shall receive a credit described in subparagraph (B) if such association is— (i) established pursuant to State law that requires detailed State regulation comparable to that applicable to the State organization of United States avocado producers, as determined by the Secretary; or (ii) certified by the Secretary as meeting the requirements applicable to the Board as to budgets, plans, projects, audits, conflicts of interest, and reimbursements for administrative costs incurred by the Secretary. (B) CREDIT. — An importers association described in subparagraph (A) shall receive 85 percent of the assessments paid on Hass avocados imported by the members of such association. (C) USE OF FUNDS.— (i) IN GENERAL. —Importers associations described in subparagraph (A) shall use the funds described in subparagraph (B) and proceeds from the investment of such funds for financing promotion, research, consumer information, and industry information plans and projects in the United States. (ii) ADMINISTRATIVE EXPENSES.— No funds described in subparagraph (C) shall be used for the administrative expenses of such importers association. (i) REIMBURSEMENT OF SECRETARY EXPENSES.— The order shall provide for reimbursing the Secretary— (1) for expenses not to exceed $25,000 incurred by the. Secretary in connection with any referendum conducted under section 1206; (2) for administrative costs incurred by the Secretary for supervisory work of up to two employee years annually after an order or amendment to any order has been issued and made effective; and (3) for costs incurred by the Secretary in implementation of the order issued under section 1204, for enforcement of the title and the order, for subsequent referenda conducted under section 1206, and in defending the Board in litigation arising out of action taken by the Board. (j) PROHIBITION ON BRAND ADVERTISING AND CERTAIN CLAIMS.— (1) PROHIBITIONS.— Except as provided in paragraph (2), a program or project conducted under this title shall not— (A) make any reference to private brand names; (B) make false, misleading, or disparaging claims on behalf of Hass avocados; or (C) make false, misleading, or disparaging statements with respect to the attributes or use of any competing products. (2) EXCEPTIONS.— Paragraph (1) does not preclude the Board from offering its programs and projects for use by

�