Page:United States Statutes at Large Volume 88 Part 1.djvu/1219

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[88 STAT. 1175]
PUBLIC LAW 93-000—MMMM. DD, 1975
[88 STAT. 1175]

88 STAT. ]

PUBLIC LAW 93-428-OCT. 1, 1974

1175

authorized by the Secretary, so that the representation of egg producers on the Board shall reflect, to the extent practicable, the pi"oportion of eggs produced in each geographic area of the United States as defined by the Secretary: Provided, however, That each such egg producing geographic area shall be entitled to at least one representative on the Egg Board. (c) Providing that the Egg Board shall, subject to the provisions ^^"^bmi^tai of subsection (g) of this section, develop and submit to the Secretary ^o'^s^ecretary. for his approval any advertising, sales promotion, consumer education, research, and development plans or projects, and that any such plan or project must be approved by the Secretary before becoming p ft GCtl V6

(d) Providing that the E g g Board shall, subject to the provisions of subsection (g) of this section, submit to the Secretary for his approval budgets on a fiscal period basis of its anticipated expenses and disbursements in the admniistration of the order, including probable costs of advertising, promotion, consumer education, research, and development projects. (e) Providing that each egg producer shall pay to the handler of eggs designated by the order of the Egg Board pursuant to regulations issued under the order, an assessment based upon the number of cases of commercial eggs handled for the account of such producer, in the manner as prescribed by the order, for such expenses and expenditures—including provision for a reasonable reserve and those administrative costs incurred by the Department after an order has been promulgated under this Act—as the Secretary finds are reasonable and likely to be incurred by the Egg Board under the order during any period specified by him. Such handler shall collect such assessment from the producer and shall pay the same to the Egg Board in the manner as prescribed by the order. The rate of assessment prescribed by the order shall not exceed 5 cents per case of commercial eggs or the equivalent thereof. To facilitate the collection of such assessments, the order of the Egg Board may designate different handlers or classes of handlers to recognize differences in marketing practices or procedures utilized in the industry. The Secretary may maintain a suit against any person subject to the order for the collection of such assessment, and the several district courts of the United States are hereby vested with jurisdiction to entertain such suits regardless of the amount in controversy. (f) Providing that the Egg Board shall maintain such books and records and prepare and submit such reports from time to time, to the Secretary as he may prescribe, and for appropriate accounting by the p]gg Board with respect to the receipt and disbursement of ail funds entrusted to it. (g) Providing that the Egg Board, with the approval of the Secretary, may enter into contracts or agreements for development and carrying out of the activities authorized under the order pursuant to section 7(a) and (b) and for the payment of the cost thereof with funds collected pursuant to the order. Any such contract or agreement shall provide that such contractors shall develop and submit to the Egg Board a plan or project together with a budget or budgets which shall show estimated costs to be incurred for such plan or project, and that any such plan or project shall become effective upon the approval of the Secretary, and further, shall provide that the contracting party shall keep accurate records of all of its transactions and make periodic reports to the Egg Board of activities carried out and an accounting for funds received and expended, and such other reports as the Secretary may require.

„ut"a1^t^o secre^-" tary.

Assessment payments to egg

handlers

. ^^*^ nmita-

Recordke^epind

reports to Secretary.

Contracts or agreements.

Recordkeeping ^^IH^^ *° ^^^