Subtitle A--Commodity Promotion and Evaluation
Sec. 501. Commodity promotion and evaluation.
Subtitle B--Issuance of Orders for Promotion,
Research, and Information
Activities Regarding Agricultural Commodities
Sec. 511. Short title.
Sec. 512. Findings and purpose.
Sec. 513. Definitions.
Sec. 514. Issuance of orders.
Sec. 515. Required terms in orders.
Sec. 516. Permissive terms in orders.
Sec. 517. Assessments.
Sec. 518. Referenda.
Sec. 519. Petition and review of orders.
Sec. 520. Enforcement.
Sec. 521. Investigations and power to subpoena.
Sec. 522. Suspension or termination.
Sec. 523. Amendments to orders.
Sec. 524. Effect on other laws.
Sec. 525. Regulations.
Sec. 526. Authorization of appropriations.
Subtitle C--Canola and Rapeseed
Sec. 531. Short title.
Sec. 532. Findings and declaration of policy.
Sec. 533. Definitions.
Sec. 534. Issuance and amendment of orders.
Sec. 535. Required terms in orders.
Sec. 536. Assessments.
Sec. 537. Referenda.
Sec. 538. Petition and review.
Sec. 539. Enforcement.
Sec. 540. Investigations and power to subpoena.
Sec. 541. Suspension or termination.
Sec. 542. Regulations.
Sec. 543. Authorization of appropriations.
Sec. 551. Short title.
Sec. 552. Findings and purposes.
Sec. 553. Definitions.
Sec. 554. Issuance of orders.
Sec. 555. National Kiwifruit Board.
Sec. 556. Required terms in order.
Sec. 557. Permissive terms in order.
Sec. 558. Petition and review.
Sec. 559. Enforcement.
Sec. 560. Investigations and power to subpoena.
Sec. 561. Referenda.
Sec. 562. Suspension or termination.
Sec. 563. Regulations.
Sec. 564. Authorization of appropriations.
Sec. 571. Short title.
Sec. 572. Findings and declaration of policy.
Sec. 573. Definitions.
Sec. 574. Issuance of orders.
Sec. 575. Required terms in orders.
Sec. 576. Referenda.
Sec. 577. Petition and review.
Sec. 578. Enforcement.
Sec. 579. Investigations and power to subpoena.
Sec. 580. Relation to other programs.
Sec. 581. Regulations.
Sec. 582. Authorization of appropriations.
Sec. 591. Maintenance of records for honey promotion
program.
TITLE V--AGRICULTURAL PROMOTION
Subtitle A--Commodity Promotion and Evaluation
SEC. 501. <<NOTE: 7 USC 7401.>> COMMODITY PROMOTION AND EVALUATION.
(a) Commodity Promotion Law Defined.--In this section,
the term
``commodity promotion law'' means a Federal law that provides for the
establishment and operation of a promotion program regarding an
agricultural commodity that includes a combination of promotion,
research, industry information, or consumer information activities,
is
funded by mandatory assessments on producers or processors, and is
designed to maintain or expand markets and uses for the commodity (as
determined by the Secretary). The term includes--
(1) the marketing promotion provisions under section
8c(6)(I) of the Agricultural
Adjustment Act (7 U.S.C.
608c(6)(I)), reenacted with
amendments by the Agricultural
Marketing Agreement Act
of 1937;
(2) Public Law 89-502 (7 U.S.C. 2101 et seq.);
(3) title III of Public Law 91-670 (7 U.S.C. 2611 et seq.);
(4) Public Law 93-428 (7 U.S.C. 2701 et seq.);
(5) Public Law 94-294 (7 U.S.C. 2901 et seq.);
(6) subtitle B of title I of Public Law 98-180 (7 U.S.C.
4501 et seq.);
(7) Public Law 98-590 (7 U.S.C. 4601 et seq.);
(8) subtitle B of title XVI of Public Law 99-198 (7 U.S.C.
4801 et seq.);
(9) subtitle C of title XVI of Public Law 99-198 (7 U.S.C.
4901 et seq.);
(10) subtitle B of title XIX of Public Law 101-624 (7 U.S.C.
6101 et seq.);
(11) subtitle E of title XIX of Public Law 101-624 (7 U.S.C.
6301 et seq.);
(12) subtitle H of title XIX of Public Law 101-624 (7 U.S.C.
6401 et seq.);
(13) Public Law 103-190 (7 U.S.C. 6801 et seq.);
(14) Public Law 103-407 (7 U.S.C. 7101 et seq.);
(15) subtitle B;
(16) subtitle C;
(17) subtitle D; or
(18) subtitle E.
(b) Findings.--Congress finds the following:
(1) It is in the national public interest and vital to the
welfare of the agricultural
economy of the United States to
maintain and expand existing
markets and develop new markets and
uses for agricultural commodities
through industry-funded,
Government-supervised, generic
commodity promotion programs
established under commodity
promotion laws.
(2) These generic commodity promotion programs, funded by
the agricultural producers
or processors who most directly reap
the benefits of the programs
and supervised by the Secretary of
Agriculture, provide a unique
opportunity for producers and
processors to inform consumers
about their products.
(3) The central congressional purpose underlying each
commodity promotion law
has always been to maintain and expand
markets for the agricultural
commodity covered by the law,
rather than to maintain
or expand the share of those markets
held by any individual producer
or processor.
(4) The commodity promotion laws were neither designed nor
intended to prohibit or
restrict, and the promotion programs
established and funded pursuant
to these laws do not prohibit or
restrict, individual advertising
or promotion of the covered
commodities by any producer,
processor, or group of producers or
processors.
(5) It has never been the intent of Congress for the generic
commodity promotion programs
established and funded by the
commodity promotion laws
to replace the individual advertising
and promotion efforts of
producers or processors.
(6) An individual producer's or processor's own advertising
initiatives are typically
designed to increase the share of the
market held by that producer
or processor rather than to
increase or expand the overall
size of the market.
(7) In contrast, a generic commodity promotion program is
intended and designed to
maintain or increase the overall demand
for the agricultural commodity
covered by the program
and increase the size of
the market for that commodity, often by
utilizing promotion methods
and techniques that individual
producers and processors
typically are unable, or have no
incentive, to employ.
(8) The commodity promotion laws establish promotion
programs that operate as
``self-help'' mechanisms for producers
and processors to fund generic
promotions for covered
commodities which, under
the required supervision and oversight
of the Secretary of Agriculture--
(A) further specific national governmental goals, as
established by Congress; and
(B) produce nonideological and commercial
communication the purpose of which is to further the
governmental policy and objective of maintaining and
expanding the markets for the covered commodities.
(9) While some commodity promotion laws grant a producer or
processor the option of
crediting individual advertising
conducted by the producer
or processor for all or a portion of
the producer's or processor's
marketing promotion assessments,
all promotion programs established
under the commodity promotion
laws, both those programs
that permit credit for individual
advertising and those programs
that do not contain such
provisions, are very narrowly
tailored to fulfill the
congressional purposes of
the commodity promotion laws without
impairing or infringing
the legal or constitutional rights of
any individual producer
or processor.
(10) These generic commodity promotion programs are of
particular benefit to small
producers who often lack the
resources or market power
to advertise on their own and who are
otherwise often unable to
benefit from the economies of scale
available in promotion and
advertising.
(11) Periodic independent evaluation of the effectiveness of
these generic commodity
promotion programs will assist Congress
and the Secretary of Agriculture
in ensuring that the objectives
of the programs are met.
(c) Independent Evaluation of Promotion Program Effectiveness.--
Except as otherwise provided by law, each commodity board established
under the supervision and oversight of the Secretary of Agriculture
pursuant to a commodity promotion law shall, not less often than every
5
years, authorize and fund, from funds otherwise available to the board,
an independent evaluation of the effectiveness of the generic commodity
promotion programs and other programs conducted by the board pursuant
to
a commodity promotion law. <<NOTE: Public information.>> The
board shall
submit to the Secretary, and make available to the public, the results
of each periodic independent evaluation conducted under this subsection.
(d) Administrative Costs.--The Secretary shall annually
provide to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
information on administrative expenses on programs established under
commodity promotion laws.
Subtitle B <<NOTE: Commodity Promotion, Research,
and Information Act of
1996.>> --Issuance of Orders for Promotion,
Research, and Information
Activities Regarding Agricultural Commodities
SEC. 511. <<NOTE: 7 USC 7401 note.>> SHORT TITLE.
This subtitle may be cited as the ``Commodity Promotion,
Research,
and Information Act of 1996''.
SEC. 512. <<NOTE: 7 USC 7411.>> FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The production of agricultural commodities plays a
significant role in the
economy of the United States. Thousands
of producers in the United
States are involved in the production
of agricultural commodities,
and such commodities are consumed
by millions of people throughout
the United States and foreign
countries.
(2) Agricultural commodities must be of high quality,
readily available, handled
properly, and marketed efficiently to
ensure that consumers have
an adequate supply.
(3) The maintenance and expansion of existing markets and
the development of new markets
for agricultural commodities
through generic commodity
promotion, research, and information
programs are vital to the
welfare of persons engaged in the
production, marketing, and
consumption of such commodities, as
well as to the general economy
of the United States.
(4) Generic promotion, research, and information activities
for agricultural commodities
play a unique role in advancing the
demand for such commodities,
since such activities increase the
total market for a product
to the benefit of consumers and all
producers. These generic
activities complement branded
advertising initiatives,
which are aimed at increasing the
market share of individual
competitors, and are of particular
benefit to small producers
who lack the resources or market
power to advertise on their
own. These generic activities do not
impede the branded advertising
efforts of individual firms, but
instead increase general
market demand for an agricultural
commodity using methods
that individual companies do not have
the incentive to employ.
(5) Generic promotion, research, and information activities
for agricultural commodities,
paid by the producers and others
in the industry who reap
the benefits of such activities,
provide a unique opportunity
for producers to inform consumers
about a particular agricultural
commodity.
(6) It is important to ensure that generic promotion,
research, and information
activities for agricultural
commodities be carried out
in an effective and coordinated
manner designed to strengthen
the position of the commodities in
the marketplace and to maintain
and expand their markets and
uses. Independent evaluation
of the effectiveness of the generic
promotion activities of
these programs will assist the Secretary
of Agriculture and Congress
in ensuring that these objectives
are met.
(7) The cooperative development, financing, and
implementation of a coordinated
national program of research,
promotion, and information
regarding agricultural commodities
are necessary to maintain
and expand existing markets and to
develop new markets for
these commodities.
(8) Agricultural commodities move in interstate and foreign
commerce, and agricultural
commodities and their products that
do not move in such channels
of commerce directly burden or
affect interstate commerce
in agricultural commodities and their
products.
(9) Commodity promotion programs have the ability to provide
significant conservation
benefits to producers and the public.
(b) Purpose.--The purpose of this subtitle is to
authorize the
establishment, through the exercise by the Secretary of Agriculture
of
the authority provided in this subtitle, of an orderly program for
developing, financing, and carrying out an effective, continuous, and
coordinated program of generic promotion, research, and information
regarding agricultural commodities designed to--
(1) strengthen the position of agricultural commodity
industries in the marketplace;
(2) maintain and expand existing domestic and foreign
markets and uses for agricultural
commodities;
(3) develop new markets and uses for agricultural
commodities; or
(4) assist producers in meeting their conservation
objectives.
(c) Rule of Construction.--Nothing in this subtitle
provides for the
control of production or otherwise limits the right of any person to
produce, handle, or import an agricultural commodity.
SEC. 513. <<NOTE: 7 USC 7412.>> DEFINITIONS.
In this subtitle (unless the context otherwise requires):
(1) Agricultural commodity.--The term ``agricultural
commodity'' means--
(A) agricultural, horticultural, viticultural, and
dairy products;
(B) livestock and the products of livestock;
(C) the products of poultry and bee raising;
(D) the products of forestry;
(E) other commodities raised or produced on farms,
as determined appropriate by the Secretary; and
(F) products processed or manufactured from products
specified in the preceding subparagraphs, as determined
appropriate by the Secretary.
(2) Board.--The term ``board'' means a board established
under an order issued under
section 514.
(3) Conflict of interest.--The term ``conflict of interest''
means a situation in which
a member or employee of a board has a
direct or indirect financial
interest in a person that performs
a service for, or enters
into a contract with, a board for
anything of economic value.
(4) Department.--The term ``Department'' means the
Department of Agriculture.
(5) First handler.--The term ``first handler'' means the
first person who buys or
takes possession of an agricultural
commodity from a producer
for marketing. If a producer markets
the agricultural commodity
directly to consumers, the
producer shall be considered
to be the first handler with
respect to the agricultural
commodity produced by the producer.
(6) Importer.--The term ``importer'' means any person who
imports an agricultural
commodity from outside the United States
for sale in the United States
as a principal or as an agent,
broker, or consignee of
any person.
(7) Information.--The term ``information'' means information
and programs that are designed
to increase--
(A) efficiency in processing; and
(B) the development of new markets, marketing
strategies, increased marketing efficiency, and
activities to enhance the image of agricultural
commodities on a national or international basis.
(8) Market.--The term ``market'' means to sell or to
otherwise dispose of an
agricultural commodity in interstate,
foreign, or intrastate commerce.
(9) Order.--The term ``order'' means an order issued by the
Secretary under section
514 that provides for a program of
generic promotion, research,
and information regarding
agricultural commodities
designed to--
(A) strengthen the position of agricultural
commodity industries in the marketplace;
(B) maintain and expand existing domestic and
foreign markets and uses for agricultural commodities;
(C) develop new markets and uses for agricultural
commodities; or
(D) assist producers in meeting their conservation
objectives.
(10) Person.--The term ``person'' means any individual,
group of individuals, partnership,
corporation, association,
cooperative, or any other
legal entity.
(11) Producer.--The term ``producer'' means any person who
is engaged in the production
and sale of an agricultural
commodity in the United
States and who owns, or shares the
ownership and risk of loss
of, the agricultural commodity.
(12) Promotion.--The term ``promotion'' means any action
taken by a board under an
order, including paid advertising, to
present a favorable image
of an agricultural commodity to the
public to improve the competitive
position of the agricultural
commodity in the marketplace
and to stimulate sales of the
agricultural commodity.
(13) Research.--The term ``research'' means any type of
test, study, or analysis
designed to advance the image,
desirability, use, marketability,
production, product
development, or quality
of an agricultural commodity.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(15) State.--The term ``State'' means any of the States, the
District of Columbia, the
Commonwealth of Puerto Rico, or any
territory or possession
of the United States.
(16) Suspend.--The term ``suspend'' means to issue a rule
under section 553 of title
5, United States Code, to temporarily
prevent the operation of
an order during a particular period of
time specified in the rule.
(17) Terminate.--The term ``terminate'' means to issue a
rule under section 553 of
title 5, United States Code, to
cancel permanently the operation
of an order beginning on a date
certain specified in the
rule.
(18) United states.--The term ``United States'' means
collectively the 50 States,
the District of Columbia, the
Commonwealth of Puerto Rico
and the territories and possessions
of the United States.
SEC. 514. <<NOTE: 7 USC 7413.>> ISSUANCE OF ORDERS.
(a) Issuance Authorized.--
(1) In general.--To effectuate the purpose of this subtitle,
the Secretary may issue,
and amend from time to time, orders
applicable to--
(A) the producers of an agricultural commodity;
(B) the first handlers of the agricultural commodity
and other persons in the marketing chain as appropriate;
and
(C) the importers of the agricultural commodity, if
imports of the agricultural commodity are subject to
assessment under section 516(f).
(2) National scope.--Each order issued under this section
shall be national in scope.
(b) Procedure for Issuance.--
(1) Development or receipt of proposed order.--A proposed
order with respect to an
agricultural commodity may be--
(A) prepared by the Secretary at any time; or
(B) submitted to the Secretary by--
(i) an association of producers of the
agricultural commodity; or
(ii) any other person that may be affected by
the issuance of an order with respect to the
agricultural commodity.
(2) <<NOTE: Federal Register, publication.>> Consideration
of proposed order.--If the
Secretary determines that a proposed
order is consistent with
and will effectuate the purpose of this
subtitle, the Secretary
shall publish the proposed order in the
Federal Register and give
due notice and opportunity for public
comment on the proposed
order.
(3) Existence of other orders.--In deciding whether a
proposal for an order is
consistent with and will effectuate the
purpose of this subtitle,
the Secretary may consider the
existence of other Federal
promotion, research, and information
programs or orders issued
or developed pursuant to any other
law.
(4) Preparation of final order.--After notice and
opportunity for public comment
under paragraph (2) regarding a
proposed order, the Secretary
shall take into consideration the
comments received in preparing
a final order. The Secretary
shall ensure that the final
order is in conformity with the
terms, conditions, and requirements
of this subtitle.
(c) Issuance and Effective Date.--If the Secretary
determines that
the final order developed with respect to an agricultural commodity
is
consistent with and will effectuate the purpose of this subtitle, the
Secretary shall issue the final order. Except in the case of an order
for which an initial referendum is conducted under section 518(a),
the
final order shall be issued and become effective not later than 270
days
after the date of publication of the proposed order that was the basis
for
the final order.
(d) Amendments.--From time to time the Secretary
may amend any
order, consistent with the requirements of section 523.
SEC. 515. <<NOTE: 7 USC 7414.>> REQUIRED TERMS IN ORDERS.
(a) In General.--Each order shall contain the terms
and conditions
specified in this section.
(b) Board.--
(1) Establishment.--Each order shall establish a board to
carry out a program of generic
promotion, research, and
information regarding the
agricultural commodity covered by the
order and intended to effectuate
the purpose of this subtitle.
(2) Board membership.--
(A) Number of members.--Each board shall consist of
the number of members considered by the Secretary, in
consultation with the agricultural commodity industry
involved, to be appropriate to administer the order. In
addition to members, the Secretary may also provide for
alternates on the board.
(B) Appointment.--The Secretary shall appoint the
members and any alternates of a board from among
producers of the agricultural commodity and first
handlers and others in the marketing chain as
appropriate. If imports of the agricultural commodity
covered by an order are subject to assessment under
section 516(f), the Secretary shall also appoint
importers as members of the board and as alternates if
alternates are included on the board. The Secretary may
appoint 1 or more members of the general public to each
board.
(C) Nominations.--The Secretary may make
appointments from nominations made pursuant to the
method set forth in the order.
(D) Geographical representation.--To ensure fair and
equitable representation of the agricultural commodity
industry covered by an order, the composition of each
board shall reflect the geographical distribution of the
production of the agricultural commodity involved in the
United States and the quantity or value of the
agricultural commodity imported into the United States.
(3) Reapportionment of board membership.--In accordance with
rules issued by the Secretary,
at least once in each 5-year
period, but not more frequently
than once in each 3-year period,
each board shall--
(A) review the geographical distribution in the
United States of the production of the agricultural
commodity covered by the order involved and the quantity
or value of the agricultural commodity imported into the
United States; and
(B) if warranted, recommend to the Secretary the
reapportionment of the board membership to reflect
changes in the geographical distribution of the
production of the agricultural commodity and the
quantity or value of the imported agricultural
commodity.
(4) Notice.--
(A) Vacancies.--Each order shall provide for notice
of board vacancies to the agricultural commodity
industry involved.
(B) Meetings.--Each board shall provide the
Secretary with prior notice of meetings of the board to
permit the Secretary, or a designated representative of
the Secretary, to attend the meetings.
(5) Term of office.--
(A) In general.--The members and any alternates of a
board shall each serve for a term of 3 years, except
that the members and any alternates initially appointed
to a board shall serve for terms of not more than 2, 3,
and 4 years, as specified by the order.
(B) Limitation on consecutive terms.--A member or
alternate may serve not more than 2 consecutive terms.
(C) Continuation of term.--Notwithstanding
subparagraph (B), each member or alternate shall
continue to serve until a successor is appointed by the
Secretary.
(D) Vacancies.--A vacancy arising before the
expiration of a term of office of an incumbent member or
alternate of a board shall be filled in a manner
provided for in the order.
(6) Compensation.--
(A) In general.--Members and any alternates of a
board shall serve without compensation.
(B) Travel expenses.--If approved by a board,
members or alternates shall be reimbursed for reasonable
travel expenses, which may include a per diem allowance
or actual subsistence incurred while away from their
homes or regular places of business in the performance
of services for the board.
(c) Powers and Duties of a Board.--Each order shall
specify the
powers and duties of the board established under the order, which shall
include the power and duty--
(1) to administer the order in accordance with its terms and
conditions and to collect
assessments;
(2) to develop and recommend to the Secretary for approval
such bylaws as may be necessary
for the functioning of the board
and such rules as may be
necessary to administer the order,
including activities authorized
to be carried out under the
order;
(3) to meet, organize, and select from among the members of
the board a chairperson,
other officers, and committees and
subcommittees, as the board
determines to be appropriate;
(4) to employ persons, other than the members, as the board
considers necessary to assist
the board in carrying out its
duties, and to determine
the compensation and specify the duties
of the persons;
(5) subject to subsection (e), to develop and carry out
generic promotion, research,
and information activities relating
to the agricultural commodity
covered by the order;
(6) to prepare and submit for the approval of the Secretary,
before the beginning of
each fiscal year, rates of assessment
under section 517 and an
annual budget of the anticipated
expenses to be incurred
in the administration of the order,
including the probable cost
of each promotion, research, and
information activity proposed
to be developed or carried out by
the board;
(7) to borrow funds necessary for the startup expenses of
the order;
(8) subject to subsection (f), to enter into contracts or
agreements to develop and
carry out generic promotion, research,
and information activities
relating to the agricultural
commodity covered by the
order;
(9) to pay the cost of the activities with assessments
collected under section
517, earnings from invested assessments,
and other funds;
(10) <<NOTE: Records.>> to keep records that accurately
reflect the actions and
transactions of the board, to keep and
report minutes of each meeting
of the board to the Secretary,
and to furnish the Secretary
with any information or records the
Secretary requests;
(11) to receive, investigate, and report to the Secretary
complaints of violations
of the order; and
(12) to recommend to the Secretary such amendments to the
order as the board considers
appropriate.
(d) Prohibited Activities.--A board may not engage
in, and shall
prohibit the employees and agents of the board from engaging in--
(1) any action that would be a conflict of interest;
(2) using funds collected by the board under the order, any
action undertaken for the
purpose of influencing any legislation
or governmental action or
policy other than recommending to the
Secretary amendments to
the order; and
(3) any advertising, including promotion, research, and
information activities authorized
to be carried out under the
order, that may be false
or misleading or disparaging to another
agricultural commodity.
(e) Activities and Budgets.--
(1) Activities.--Each order shall require the board
established under the order
to submit to the Secretary for
approval plans and projects
for promotion, research, or
information relating to
the agricultural commodity covered by
the order.
(2) Budgets.--
(A) Submission to secretary.--Each order shall
require the board established under the order to submit
to the Secretary for approval a budget of its
anticipated annual expenses and disbursements to be paid
to administer the order. The budget shall be submitted
before the beginning of a fiscal year and as frequently
as may be necessary after the beginning of the fiscal
year.
(B) Reimbursement of secretary.--Each order shall
require that the Secretary be reimbursed for all
expenses incurred by the Secretary in the
implementation, administration, and supervision of the
order, including all referenda costs incurred in
connection with the order.
(3) Incurring expenses.--A board may incur the expenses
described in paragraph (2)
and other expenses for the
administration, maintenance,
and functioning of the board as
authorized by the Secretary.
(4) Payment of expenses.--Expenses incurred under paragraph
(3) shall be paid by a board
using assessments collected under
section 517, earnings obtained
from assessments, and
other income of the board.
Any funds borrowed by the board shall
be expended only for startup
costs and capital outlays.
(5) Limitation on spending.--For fiscal years beginning 3 or
more years after the date
of the establishment of a board, the
board may not expend for
administration (except for
reimbursements to the Secretary
required under paragraph
(2)(B)), maintenance, and
functioning of the board in a fiscal
year an amount that exceeds
15 percent of the assessment and
other income received by
the board for the fiscal year.
(f) Contracts and Agreements.--
(1) In general.--Each order shall provide that, with the
approval of the Secretary,
the board established under the order
may--
(A) enter into contracts and agreements to carry out
generic promotion, research, and information activities
relating to the agricultural commodity covered by the
order, including contracts and agreements with producer
associations or other entities as considered appropriate
by the Secretary; and
(B) pay the cost of approved generic promotion,
research, and information activities using assessments
collected under section 517, earnings obtained from
assessments, and other income of the board.
(2) Requirements.--Each contract or agreement shall provide
that any person who enters
into the contract or agreement with
the board shall--
(A) develop and submit to the board a proposed
activity together with a budget that specifies the cost
to be incurred to carry out the activity;
(B) <<NOTE: Records.>> keep accurate records of all
of its transactions relating to the contract or
agreement;
(C) account for funds received and expended in
connection with the contract or agreement;
(D) make periodic reports to the board of activities
conducted under the contract or agreement; and
(E) make such other reports as the board or the
Secretary considers relevant.
(g) Records of Board.--
(1) In general.--Each order shall require the board
established under the order--
(A) to maintain such records as the Secretary may
require and to make the records available to the
Secretary for inspection and audit;
(B) to collect and submit to the Secretary, at any
time the Secretary may specify, any information the
Secretary may request; and
(C) to account for the receipt and disbursement of
all funds in the possession, or under the control, of
the board.
(2) Audits.--Each order shall require the board established
under the order to have--
(A) its records audited by an independent auditor at
the end of each fiscal year; and
(B) <<NOTE: Reports.>> a report of the audit
submitted directly to the Secretary.
(h) Periodic Evaluation.--In accordance with section
501(c), each
order shall require the board established under the order
to provide for the independent evaluation of all generic promotion,
research, and information activities undertaken under the order.
(i) Books and Records of Persons Covered by Order.--
(1) In general.--Each order shall require that producers,
first handlers and other
persons in the marketing chain as
appropriate, and importers
covered by the order shall--
(A) maintain records sufficient to ensure compliance
with the order and regulations;
(B) submit to the board established under the order
any information required by the board to carry out its
responsibilities under the order; and
(C) make the records described in subparagraph (A)
available, during normal business hours, for inspection
by employees or agents of the board or the Department,
including any records necessary to verify information
required under subparagraph (B).
(2) Time requirement.--Any record required to be maintained
under paragraph (1) shall
be maintained for such time period as
the Secretary may prescribe.
(3) Other information.--The Secretary may use, and may
authorize the board to use
under this subtitle, information
regarding persons subject
to an order that is collected by the
Department under any other
law.
(4) Confidentiality of information.--
(A) In general.--Except as otherwise provided in
this subtitle, all information obtained under paragraph
(1) or as part of a referendum under section 518 shall
be kept confidential by all officers, employees, and
agents of the Department and of the board.
(B) Disclosure.--Information referred to in
subparagraph (A) may be disclosed only if--
(i) the Secretary considers the information
relevant; and
(ii) the information is revealed in a judicial
proceeding or administrative hearing brought at
the direction or on the request of the Secretary
or to which the Secretary or any officer of the
Department is a party.
(C) Other exceptions.--This paragraph shall not
prohibit--
(i) the issuance of general statements based
on reports or on information relating to a number
of persons subject to an order if the statements
do not identify the information furnished by any
person; or
(ii) the publication, by direction of the
Secretary, of the name of any person violating any
order and a statement of the particular provisions
of the order violated by the person.
(D) Penalty.--Any person who willfully violates this
subsection shall be subject, on conviction, to a fine of
not more than $1,000 or to imprisonment for not more
than 1 year, or both.
(5) Withholding information.--This subsection shall not
authorize the withholding
of information from Congress.
SEC. 516. <<NOTE: 7 USC 7415.>> PERMISSIVE TERMS IN ORDERS.
(a) Exemptions.--An order issued under this subtitle
may contain--
(1) authority for the Secretary to exempt from the order any
de minimis quantity of an
agricultural commodity otherwise
covered by the order; and
(2) authority for the board established under the order to
require satisfactory safeguards
against improper use of the
exemption.
(b) Different Payment and Reporting Schedules.--An
order issued
under this subtitle may contain authority for the board established
under the order to designate different payment and reporting schedules
to recognize differences in agricultural commodity industry marketing
practices and procedures used in different production and importing
areas.
(c) Activities.--An order issued under this subtitle
may contain
authority to develop and carry out research, promotion, and information
activities designed to expand, improve, or make more efficient the
marketing or use of the agricultural commodity covered by the order
in
domestic and foreign markets. Section 515(e) shall apply with respect
to
activities authorized under this subsection.
(d) Reserve Funds.--An order issued under this subtitle
may contain
authority to reserve funds from assessments collected under section
517
to permit an effective and continuous coordinated program of research,
promotion, and information in years when the yield from assessments
may
be reduced, except that the amount of funds reserved may not exceed
the
greatest aggregate amount of the anticipated disbursements specified
in
budgets approved under section 515(e) by the Secretary for any 2 fiscal
years.
(e) Credits.--
(1) Generic activities.--An order issued under this subtitle
may contain authority to
provide credits of assessments for
those individuals who contribute
to other similar generic
research, promotion, and
information programs at the State,
regional, or local level.
(2) Branded activities.--
(A) In general.--The Secretary may permit a farmer
cooperative that engages in branded activities relating
to the marketing of the products of members of the
cooperative to receive an annual credit for the
activities and related expenditures in the form of a
deduction of the total cost of the activities and
related expenditures from the amount of any assessment
that would otherwise be required to be paid by the
producer members of the cooperative under an order
issued under this subtitle.
(B) Election by cooperative.--A farmer cooperative
may elect to voluntarily waive the application of
subparagraph (A) to the cooperative.
(f) Assessment of Imports.--An order issued under
this subtitle may
contain authority for the board established under the order to assess
under section 517 an imported agricultural commodity, or products of
such an agricultural commodity, at a rate comparable to the rate
determined by the appropriate board for the domestic agricultural
commodity covered by the order.
(g) Other Authority.--An order issued under this
subtitle may
contain authority to take any other action that--
(1) is not inconsistent with the purpose of this subtitle,
any term or condition specified
in section 515, or any rule
issued to carry out this
subtitle; and
(2) is necessary to administer the order.
SEC. 517. <<NOTE: 7 USC 7416.>> ASSESSMENTS.
(a) Assessments Authorized.--While an order issued
under this
subtitle is in effect with respect to an agricultural commodity,
assessments shall be--
(1) paid by first handlers with respect to the agricultural
commodity produced and marketed
in the United States; and
(2) paid by importers with respect to the agricultural
commodity imported into
the United States, if the imported
agricultural commodity is
covered by the order pursuant to
section 516(f).
(b) Collection.--Assessments required under an order
shall be
remitted to the board established under the order at the time and in
the
manner prescribed by the order.
(c) Limitation on Assessments.--Not more than 1
assessment may be
levied on a first handler or importer under subsection (a) with respect
to any agricultural commodity.
(d) Assessment Rates.--The board shall recommend
to the Secretary 1
or more rates of assessment to be levied under subsection (a). If
approved by the Secretary, the rates shall take effect. An order may
provide that an assessment rate may not be increased unless approved
by
a referendum conducted pursuant to section 518.
(e) Late-Payment and Interest Charges.--
(1) In general.--Late-payment and interest charges may be
levied on each person subject
to an order who fails to remit an
assessment in accordance
with subsection (b).
(2) Rate.--The rate for the charges shall be specified by
the Secretary.
(f) Investment of Assessments.--Pending disbursement
of assessments
under a budget approved by the Secretary, a board may invest assessments
collected under this section in--
(1) obligations of the United States or any agency of the
United States;
(2) general obligations of any State or any political
subdivision of a State;
(3) interest-bearing accounts or certificates of deposit of
financial institutions that
are members of the Federal Reserve
System; or
(4) obligations fully guaranteed as to principal and
interest by the United States.
(g) Refund of Assessments From Escrow Account.--
(1) Escrow account.--During the period beginning on the
effective date of an order
and ending on the date the Secretary
announces the results of
a referendum that is conducted under
section 518(b)(1) with respect
to the order, the board
established under the order
shall--
(A) establish and maintain an escrow account of the
kind described in subsection (f)(3) to be used to refund
assessments; and
(B) deposit funds in the account in accordance with
paragraph (2).
(2) Amount to be deposited.--The board shall deposit in the
account an amount equal
to 10 percent of the assessments
collected during the period
referred to in paragraph (1).
(3) Right to receive refund.--Subject to paragraphs (4),
(5), and (6), persons subject
to an order shall be eligible to
demand a refund of assessments
collected during the period
referred to in paragraph
(1) if--
(A) the assessments were remitted on behalf of the
person; and
(B) the order is not approved in the referendum.
(4) Form of demand.--The demand for a refund shall be made
at such time and in such
form as specified by the order.
(5) Payment of refund.--A person entitled to a refund shall
be paid promptly after the
board receives satisfactory proof
that the assessment for
which the refund is demanded was paid on
behalf of the person who
makes the demand.
(6) Proration.--If the funds in the escrow account required
by paragraph (1) are insufficient
to pay the amount of all
refunds that persons subject
to an order otherwise would have a
right to receive under this
subsection, the board shall prorate
the amount of the funds
among all the persons.
(7) Closing of escrow account.--If the order is approved in
a referendum conducted under
section 518(b)(1)--
(A) the escrow account shall be closed; and
(B) the funds shall be available to the board for
disbursement as authorized in the order.
SEC. 518. <<NOTE: 7 USC 7417.>> REFERENDA.
(a) Initial Referendum.--
(1) Optional referendum.--For the purpose of ascertaining
whether the persons to be
covered by an order favor the order
going into effect, the order
may provide for the Secretary to
conduct an initial referendum
among persons to be subject to an
assessment under section
517 who, during a representative period
determined by the Secretary,
engaged in--
(A) the production or handling of the agricultural
commodity covered by the order; or
(B) the importation of the agricultural commodity.
(2) Procedure.--The results of the referendum shall be
determined in accordance
with subsection (e). The Secretary may
require that the agricultural
commodity industry involved post a
bond or other collateral
to cover the cost of the referendum.
(b) Required Referenda.--
(1) In general.--For the purpose of ascertaining whether the
persons covered by an order
favor the continuation, suspension,
or termination of the order,
the Secretary shall conduct a
referendum among persons
subject to assessments under section
517 who, during a representative
period determined by the
Secretary, have engaged
in--
(A) the production or handling of the agricultural
commodity covered by the order; or
(B) the importation of the agricultural commodity.
(2) Time for referendum.--The referendum shall be conducted
not later than 3 years after
assessments first begin under the
order.
(3) Exception.--This subsection shall not apply if an
initial referendum was conducted
under subsection (a).
(c) Subsequent Referenda.--The Secretary shall conduct
a subsequent
referendum--
(1) not later than 7 years after assessments first begin
under the order;
(2) at the request of the board established under the order;
or
(3) at the request of 10 percent or more of the number of
persons eligible to vote
under subsection (b)(1);
to determine if the persons favor the continuation, suspension, or
termination of the order.
(d) Other Referenda.--The Secretary may conduct
a referendum at any
time to determine whether the continuation, suspension, or termination
of the order or a provision of the order is favored by persons eligible
to vote under subsection (b)(1).
(e) Approval of Order.--An order may provide for
its approval in a
referendum--
(1) by a majority of those persons voting;
(2) by persons voting for approval who represent a majority
of the volume of the agricultural
commodity; or
(3) by a majority of those persons voting for approval who
also represent a majority
of the volume of the agricultural
commodity.
(f) Costs of Referenda.--The board established under
an order with
respect to which a referendum is conducted under this section shall
reimburse the Secretary for any expenses incurred by the Secretary
to
conduct the referendum.
(g) Manner of Conducting Referenda.--
(1) In general.--A referendum conducted under this section
shall be conducted in the
manner determined by the Secretary to
be appropriate.
(2) Advance registration.--If the Secretary determines that
an advance registration
of eligible voters in a referendum is
necessary before the voting
period in order to facilitate the
conduct of the referendum,
the Secretary may institute the
advance registration procedures
by mail, or in person through
the use of national and
local offices of the Department.
(3) Voting.--Eligible voters may vote by mail ballot in the
referendum or in person
if so prescribed by the Secretary.
(4) Notice.--Not later than 30 days before a referendum is
conducted under this section
with respect to an order, the
Secretary shall notify the
agricultural commodity industry
involved, in such manner
as determined by the Secretary, of the
period during which voting
in the referendum will occur. The
notice shall explain any
registration and voting procedures
established under this subsection.
SEC. 519. <<NOTE: 7 USC 7418.>> PETITION AND REVIEW OF ORDERS.
(a) Petition.--
(1) In general.--A person subject to an order issued under
this subtitle may file with
the Secretary a petition--
(A) stating that the order, any provision of the
order, or any obligation imposed in connection with the
order, is not established in accordance with law; and
(B) requesting a modification of the order or an
exemption from the order.
(2) Hearing.--The Secretary shall give the petitioner an
opportunity for a hearing
on the petition, in accordance with
regulations issued by the
Secretary.
(3) Ruling.--After the hearing, the Secretary shall make a
ruling on the petition.
The ruling shall be final, subject to
review as set forth in subsection
(b).
(4) Limitation on petition.--Any petition filed under this
subsection challenging an
order, any provision of the order, or
any obligation imposed in
connection with the order, shall be
filed within 2 years after
the effective date of the order,
provision, or obligation
subject to challenge in the petition.
(b) Review.--
(1) <<NOTE: Courts.>> Commencement of action.--The district
court of the United States
for any district in which a person
who is a petitioner under
subsection (a) resides or carries on
business shall have jurisdiction
to review the final ruling on
the petition of the person,
if a complaint for that purpose is
filed not later than 20
days after the date of the entry of the
final ruling by the Secretary
under subsection (a)(3).
(2) Process.--Service of process in a proceeding may be made
on the Secretary by delivering
a copy of the complaint to the
Secretary.
(3) Remands.--If the court determines that the ruling is not
in accordance with law,
the court shall remand the matter to the
Secretary with directions--
(A) to make such ruling as the court determines to
be in accordance with law; or
(B) to take such further action as, in the opinion
of the court, the law requires.
(c) Effect on Enforcement Proceedings.--The pendency
of a petition
filed under subsection (a) or an action commenced under subsection
(b)
shall not operate as a stay of any action authorized by section 520
to
be taken to enforce this subtitle, including any rule, order, or penalty
in effect under this subtitle.
SEC. 520. <<NOTE: 7 USC 7419.>> ENFORCEMENT.
(a) <<NOTE: Courts.>> Jurisdiction.--The
district courts of the
United States shall have jurisdiction specifically to enforce, and
to
prevent and restrain a person from violating, an order or regulation
issued under this subtitle.
(b) Referral to Attorney General.--A civil action
authorized to be
brought under this section shall be referred to the Attorney General
for
appropriate action, except that the Secretary shall not be required
to
refer to the Attorney General a violation of this subtitle if the
Secretary believes that the administration and enforcement of this
subtitle would be adequately served by providing a suitable written
notice or warning to the person who committed the violation or by an
administrative action under this section.
(c) Civil Penalties and Orders.--
(1) Civil penalties.--A person who willfully violates an
order or regulation issued
by the Secretary under this Act
may be assessed by the Secretary
a civil penalty of not less
than $1,000 and not more
than $10,000 for each violation.
(2) Separate offense.--Each violation and each day during
which there is a failure
to comply with an order or regulation
issued by the Secretary
shall be considered to be a separate
offense.
(3) Cease-and-desist orders.--In addition to, or in lieu of,
a civil penalty, the Secretary
may issue an order requiring a
person to cease and desist
from violating the order or
regulation.
(4) Notice and hearing.--No order assessing a penalty or
cease-and-desist order may
be issued by the Secretary under this
subsection unless the Secretary
provides notice and an
opportunity for a hearing
on the record with respect to the
violation.
(5) Finality.--An order assessing a penalty or a cease-and-
desist order issued under
this subsection by the Secretary shall
be final and conclusive
unless the person against whom the order
is issued files an appeal
from the order with the United States
court of appeals, as provided
in subsection (d).
(d) Review by Court of Appeals.--
(1) In general.--A person against whom an order is issued
under subsection (c) may
obtain review of the order by--
(A) filing, not later than 30 days after the person
receives notice of the order, a notice of appeal in--
(i) the United States court of appeals for the
circuit in which the person resides or carries on
business; or
(ii) the United States Court of Appeals for
the District of Columbia Circuit; and
(B) simultaneously sending a copy of the notice of
appeal by certified mail to the Secretary.
(2) Record.--The Secretary shall file with the court a
certified copy of the record
on which the Secretary has
determined that the person
has committed a violation.
(3) Standard of review.--A finding of the Secretary under
this section shall be set
aside only if the finding is found to
be unsupported by substantial
evidence on the record.
(e) Failure To Obey Cease-and-Desist Orders.--A person
who fails to
obey a valid cease-and-desist order issued by the Secretary under this
section, after an opportunity for a hearing, shall be subject to a
civil
penalty assessed by the Secretary of not less than $1,000 and not more
than $10,000 for each offense. Each day during which the failure
continues shall be considered to be a separate violation of the cease-
and-desist order.
(f) Failure To Pay Penalties.--If a person fails
to pay a civil
penalty imposed under this section by the Secretary, the Secretary
shall
refer the matter to the Attorney General for recovery of the amount
assessed in the district court of the United States for any district
in
which the person resides or carries on business. In the action, the
validity and appropriateness of the order imposing the civil penalty
shall not be subject to review.
(g) Additional Remedies.--The remedies provided
in this section
shall be in addition to, and not exclusive of, other remedies that
may
be available.
SEC. 521. <<NOTE: 7 USC 7420.>> INVESTIGATIONS AND POWER TO SUBPOENA.
(a) Investigations.--The Secretary may make such
investigations as
the Secretary considers necessary--
(1) for the effective administration of this subtitle; or
(2) to determine whether any person subject to this subtitle
has engaged, or is about
to engage, in any action that
constitutes or will constitute
a violation of this subtitle or
any order or regulation
issued under this subtitle.
(b) Subpoenas, Oaths, and Affirmations.--For the
purpose of any
investigation under subsection (a), the Secretary may administer oaths
and affirmations, subpoena witnesses, compel the attendance of
witnesses, take evidence, and require the production of any records
or
documents that are relevant to the inquiry. The attendance of witnesses
and the production of records or documents may be required from any
place in the United States.
(c) Aid of Courts.--In the case of contumacy by,
or refusal to obey
a subpoena issued to, any person, the Secretary may invoke the aid
of
any court of the United States within the jurisdiction of which the
investigation or proceeding is carried on, or where the person resides
or carries on business, in order to require the attendance and testimony
of the person or the production of records or documents. The court
may
issue an order requiring the person to appear before the Secretary
to
produce records or documents or to give testimony regarding the matter
under investigation.
(d) Contempt.--Any failure to obey the order of
the court may be
punished by the court as a contempt of the court.
(e) Process.--Process in any case under this section
may be served
in the judicial district in which the person resides or carries on
business or wherever the person may be found.
SEC. 522. <<NOTE: 7 USC 7421.>> SUSPENSION OR TERMINATION.
(a) Mandatory Suspension or Termination.--The Secretary
shall
suspend or terminate an order or a provision of an order if the
Secretary finds that an order or a provision of an order obstructs
or
does not tend to effectuate the purpose of this subtitle, or if the
Secretary determines that the order or a provision of an order is not
favored by persons voting in a referendum conducted under section 518.
(b) Implementation of Suspension or Termination.--If,
as a result of
a referendum conducted under section 518, the Secretary determines
that
an order is not approved, the Secretary shall--
(1) not later than 180 days after making the determination,
suspend or terminate, as
the case may be, collection of
assessments under the order;
and
(2) as soon as practicable, suspend or terminate, as the
case may be, activities
under the order in an orderly manner.
SEC. 523. <<NOTE: 7 USC 7422.>> AMENDMENTS TO ORDERS.
The provisions of this subtitle applicable to an
order shall be
applicable to any amendment to an order, except that section 518 shall
not apply to an amendment.
SEC. 524. <<NOTE: 7 USC 7423.>> EFFECT ON OTHER LAWS.
This subtitle shall not affect or preempt any other
Federal or State
law authorizing promotion or research relating to an agricultural
commodity.
SEC. 525. <<NOTE: 7 USC 7424.>> REGULATIONS.
The Secretary may issue such regulations as may be
necessary to
carry out this subtitle and the power vested in the Secretary under
this
subtitle.
SEC. 526. <<NOTE: 7 USC 7425.>> AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
such sums
as may be necessary to carry out this subtitle.
(b) Limitation on Expenditures for Administrative
Expenses.--Funds
appropriated to carry out this subtitle may not be expended for the
payment of expenses incurred by a board to administer an order.
Subtitle C-- <<NOTE: Canola
and Rapeseed Research, Promotion, and
Consumer Information Act.>> Canola and Rapeseed
SEC. 531. <<NOTE: 7 USC 7401 note.>> SHORT TITLE.
This subtitle may be cited as the ``Canola and Rapeseed
Research,
Promotion, and Consumer Information Act''.
SEC. 532. <<NOTE: 7 USC 7441.>> FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--Congress finds that--
(1) canola and rapeseed products are an important and
nutritious part of the human
diet;
(2) the production of canola and rapeseed products plays a
significant role in the
economy of the United States in that--
(A) canola and rapeseed products are produced by
thousands of canola and rapeseed producers and processed
by numerous processing entities; and
(B) canola and rapeseed products produced in the
United States are consumed by people throughout the
United States and foreign countries;
(3) canola, rapeseed, and canola and rapeseed products
should be readily available
and marketed efficiently to ensure
that consumers have an adequate
supply of canola and rapeseed
products at a reasonable
price;
(4) the maintenance and expansion of existing markets and
development of new markets
for canola, rapeseed, and canola and
rapeseed products are vital
to the welfare of canola and
rapeseed producers and processors
and those persons concerned
with marketing canola, rapeseed,
and canola and rapeseed
products, as well as to
the general economy of the United
States, and are necessary
to ensure the ready availability and
efficient marketing of canola,
rapeseed, and canola and rapeseed
products;
(5) there exist established State and national organizations
conducting canola and rapeseed
research, promotion, and consumer
education programs that
are valuable to the efforts of promoting
the consumption of canola,
rapeseed, and canola and rapeseed
products;
(6) the cooperative development, financing, and
implementation of a coordinated
national program of canola and
rapeseed research, promotion,
consumer information, and industry
information is necessary
to maintain and expand existing markets
and develop new markets
for canola, rapeseed, and canola and
rapeseed products; and
(7) canola, rapeseed, and canola and rapeseed products move
in interstate and foreign
commerce, and canola, rapeseed,
and canola and rapeseed
products that do not move in interstate
or foreign commerce directly
burden or affect interstate
commerce in canola, rapeseed,
and canola and rapeseed products.
(b) Policy.--It is the policy of this subtitle to
establish an
orderly procedure for developing, financing through assessments on
domestically produced canola and rapeseed, and implementing a program
of
research, promotion, consumer information, and industry information
designed to strengthen the position in the marketplace of the canola
and
rapeseed industry, to maintain and expand existing domestic and foreign
markets and uses for canola, rapeseed, and canola and rapeseed products,
and to develop new markets and uses for canola, rapeseed, and canola
and
rapeseed products.
(c) Construction.--Nothing in this subtitle provides
for the control
of production or otherwise limits the right of individual producers
to
produce canola, rapeseed, or canola or rapeseed products.
SEC. 533. <<NOTE: 7 USC 7442.>> DEFINITIONS.
In this subtitle (unless the context otherwise requires):
(1) Board.--The term ``Board'' means the National Canola and
Rapeseed Board established
under section 535(b).
(2) Canola; rapeseed.--The terms ``canola'' and ``rapeseed''
mean any brassica plant
grown in the United States for the
production of an oilseed,
the oil of which is used for a food or
nonfood use.
(3) Canola or rapeseed product.--The term ``canola or
rapeseed product'' means
a product produced, in whole or in
part, from canola or rapeseed.
(4) Commerce.--The term ``commerce'' includes interstate,
foreign, and intrastate
commerce.
(5) Conflict of interest.--The term ``conflict of interest''
means a situation in which
a member of the Board has a direct or
indirect financial interest
in a corporation, partnership, sole
proprietorship, joint venture,
or other business entity dealing
directly or indirectly with
the Board.
(6) Consumer information.--The term ``consumer information''
means information that will
assist consumers and other persons
in making evaluations and
decisions regarding the purchase,
preparation, and use of
canola, rapeseed, or canola or rapeseed
products.
(7) Department.--The term ``Department'' means the
Department of Agriculture.
(8) First purchaser.--The term ``first purchaser'' means--
(A) except as provided in subparagraph (B), a person
who buys or otherwise acquires canola, rapeseed, or
canola or rapeseed products produced by a producer; or
(B) the Commodity Credit Corporation, in a case in
which canola or rapeseed is forfeited to the Commodity
Credit Corporation as collateral for a loan issued under
a price support loan program administered by the
Commodity Credit Corporation.
(9) Industry information.--The term ``industry information''
means information or a program
that will lead to the development
of new markets, new marketing
strategies, or increased
efficiency for the canola
and rapeseed industry, or an activity
to enhance the image of
the canola or rapeseed industry.
(10) Industry member.--The term ``industry member'' means a
member of the canola and
rapeseed industry who represents--
(A) manufacturers of canola or rapeseed products; or
(B) persons who commercially buy or sell canola or
rapeseed.
(11) Marketing.--The term ``marketing'' means the sale or
other disposition of canola,
rapeseed, or canola or rapeseed
products in a channel of
commerce.
(12) Order.--The term ``order'' means an order issued under
section 534.
(13) Person.--The term ``person'' means an individual,
partnership, corporation,
association, cooperative, or any other
legal entity.
(14) Producer.--The term ``producer'' means a person engaged
in the growing of canola
or rapeseed in the United States who
owns, or who shares the
ownership and risk of loss of, the
canola or rapeseed.
(15) Promotion.--The term ``promotion'' means an action,
including paid advertising,
technical assistance, or a trade
servicing activity, to enhance
the image or desirability of
canola, rapeseed, or canola
or rapeseed products in domestic and
foreign markets, or an activity
designed to communicate to
consumers, processors, wholesalers,
retailers, government
officials, or other persons
information relating to the positive
attributes of canola, rapeseed,
or canola or rapeseed products
or the benefits of use or
distribution of canola, rapeseed, or
canola or rapeseed products.
(16) Research.--The term ``research'' means any type of
test, study, or analysis
to advance the image, desirability,
marketability, production,
product development, quality, or
functional or nutritional
value of canola, rapeseed, or canola
or rapeseed products, including
research activity des