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LegalText 7 U.S.C. § 2618 Permissive terms and conditions of plans us united_states_code code_section 7 AGRICULTURE 58 POTATO RESEARCH AND PROMOTION 2618 7 U.S.C. § 2618 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc07@119-100.zip /us/usc/t7/s2618 data/legal/raw/us/code/title-07/usc07.xml 3c6854b45ddec9c87476cb4c55b8f8c7718be88e044a926c245e1705fb6e48fa 50edab1679a711653797362c0aeb8f2273303fe473fb7fa16df1ee76bdd6e984 f3325b46355b9d46a6939823466f6f821d8e427c1a399c08e06214fcdac8a0fa 2026-07-04 official
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7 U.S.C. § 2618 - Permissive terms and conditions of plans

Text

Any plan issued pursuant to this chapter may contain one or more of the following terms and conditions:

(a) Exemptions 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) Handler payment and reporting schedules Providing for authority to designate different handler payment and reporting schedules to recognize differences in marketing practices and procedures utilized in different production areas.

(c) Advertisement and sales promotion programs or projects 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 disbursement 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 provisions of section 2617(f) of this title.

(d) Research and development projects and studies for marketing and utilization of potatoes Providing for establishing and carrying on research and development projects and studies to the end that the marketing and utilization of potatoes may be encouraged, expanded, improved, or made more efficient, and for the disbursement of necessary funds for such purposes.

(e) Reserve funds; accumulation; limitation Providing for authority to accumulate reserve funds from assessments collected pursuant to this chapter, 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) Foreign markets; sales development and expansion Providing for authority to use funds collected herein, with the approval of the Secretary, for the development and expansion of potato and potato product sales in foreign markets.

(g) Assessment; refund Providing that any potato producer or importer against whose potatoes any assessment is made and collected under authority of this chapter and who is not in favor of supporting the research and promotion program as provided for under this chapter shall have the right to demand and receive from the board a refund of such assessment. Such demand shall be made personally by such producer or importer 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 90 days, and upon submission of proof satisfactory to the board that the producer or importer paid the assessment for which refund is sought, and any such refund shall be made within 60 days after demand therefor.

(h) Assessment authority Providing for authority to assess imports of tablestock, frozen, or processed potatoes for ultimate consumption by humans and seed potatoes into the United States.

(i) Incidental and necessary terms and conditions Terms and conditions incidental to and not inconsistent with the terms and conditions specified in this chapter and necessary to effectuate the other provisions of such plan.

(Pub. L. 91670, title III, § 309, Jan. 11, 1971, 84 Stat. 2044; Pub. L. 101624, title XIX, § 1941, Nov. 28, 1990, 104 Stat. 3867.)

Notes

Editorial Notes

Amendments1990—Subsecs. (g) to (i). Pub. L. 101624 added subsecs. (g) and (h) and redesignated former subsec. (g) as (i).