Page:United States Statutes at Large Volume 99 Part 2.djvu/514

 99 STAT. 1624

PUBLIC LAW 99-198—DEC. 23, 1985 REGULATIONS

7 USC 4905.

SEC. 1646. The Secretary may issue such regulations as may be necessary to carry out the provisions of this subtitle and the powers vested in the Secretary under this subtitle. REQUIRED TERMS IN PLANS

7 USC 4906.

Regulations. Report.

Post, p. 1625.

Prohibition.

SEC. 1647. (a) Any plan issued under this subtitle shall contain the terms and provisions described in this section. (b) The plan shall provide for the establishment by the Secretary of the National Watermelon Promotion Board and for defining its powers and duties, which shall include the powers to— (1) administer the plan in accordance with its terms and conditions; (2) make rules and regulations to effectuate the terms and conditions of the plan; (3) receive, investigate, and report to the Secretary complaints of violations of the plan; and (4) recommend to the Secretary amendments to the plan. (c) The plan shall provide that the Board shall be composed of representatives of producers and handlers, and one representative of the public, appointed by the Secretary from nominations submitted in accordance with this subsection. An equal number of representatives of producers and handlers shall be nominated by producers and handlers, and the representative of the public shall be nominated by the producer and handler members of the Board, in such manner as may be prescribed by the Secretary. If producers and handlers fail to select nominees for appointment to the Board, the Secretary may appoint persons on the basis of representation as provided for in the plan. If the Board fails to nominate a public representative, the Secretary shall choose such representative for appointment. (d) The plan shall provide that all Board members shall serve without compensation, but shall be reimbursed for reasonable expenses incurred in performing their duties as members of the Board. (e) The plan shall provide that the Board shall prepare and submit to the Secretary for the Secretary's 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. (f) The plan shall provide for the fixing by the Secretary of assessments to cover costs incurred under the budgets provided for in subsection (e), and under section 1648(f), based on the Board's recommendation as to the appropriate rate of assessment, and for the collection of the assessments by the Board. (g) The plan shall provide that— (1) funds collected by the Board shall be used for research, development, advertising, or promotion of watermelons and such other expenses for the administration, maintenance, and functioning of the Board as may be authorized by the Secretary, including any referendum and administrative costs incurred by the Department of Agriculture under this subtitle; (2) no advertising or sales promotion program under this subtitle shall make any reference to private brand names nor use false or unwarranted claims in behalf of watermelons or

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