Page:United States Statutes at Large Volume 91.djvu/1067

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 1033

ISSUANCE OF ORDERS

SEC. 1704. (a) Whenever the Secretary has reason to believe that Notice and the issuance of an order will tend to effectuate the declared policy of hearing. this title, the Secretary shall give due notice and opportunity for hear- 7 USC 3403. ing upon a proposed order. Such hearing may be requested and proposal for an order submitted by an organization certified pursuant to section 1714 of this title, or by any interested person affected by the provisions of this title, including the Secretary. (b) After notice and opportunity for hearing as provided in section 1704(a) of this title, the Secretary shall issue an order if the Secretary finds, and sets forth in such order, upon the evidence introduced at such hearing that the issuance of such order and all the terms and conditions thereof will tend to effectuate the declared policy of this title. PERMISSIVE TERMS I N ORDERS

SEC. 1705. Any order issued pursuant to this title shall contain one or more of the following terms and conditions, and, except as provided in section 1706 of this title, no others: (a) providing for the establishment, issuance, effectuation, and Nutrition administration of appropriate plans or projects for nutrition educa- education plans. tion, both within the United States and in international markets with 7 USC 3404. respect to wheat, processed wheat, and end products, and for the disbursement of necessary funds for such purposes: Provided, That in carrying out any such plan or project, no reference to a private brand or trade name shall be made if the Secretary determines that such reference will result in undue discrimination against wheat, processed wheat, and end products of other persons: Provided further, That no such plans or projects shall make use of unfair or deceptive acts or practices in behalf of wheat, processed wheat, and end products or unfair or deceptive acts or practices with respect to quality, value, or use of any competing product; (b) providing for the establishment and conduct of research or Research and studies with respect to sale, distribution, marketing, utilization, or studies. production of wheat, processed wheat, and end products and the creation of new products thereof to the end that the marketing and utilization of wheat, processed wheat, and end products may be encouraged, expanded, improved, or made more acceptable, and for the disbursement of necessary funds for such purposes; (c) providing that processors, distributors of processed wheat, and Records and end product manufacturers shall maintain and make available for reports. inspection by the Secretary or the Council such books and records as may be required by any order issued pursuant to this title and for the filing of reports by such persons at the time, in the manner, and having the content prescribed by the order, to the end that information shall be made available to the Council and to the Secretary which are appropriate or necessary to the effectuation, administration, or enforcement of this title, or of any order or regulation issued pursuant to this title: Provided, That all information so obtained shall be kept con- Confidential fidential by all officers and employees of the Department, the Council, information. and by all officers and employees of contracting agencies having access to such information, 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 Sedretary, or to which the Secretary or any officer of the United States i^ a party, and involving the order

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