Required terms in orders

7 U.S. Code § 4504. Required terms in orders

Any order issued under this subchapter shall contain terms and conditions as follows:
(a)
The order shall provide for the establishment and administration of appropriate plans or projects for advertisement and promotion of the sale and consumption of dairy products, for research projects related thereto, for nutrition education projects, and for the disbursement of necessary funds for such purposes. Any such plan or project shall be directed toward the sale and marketing or use of dairy products to the end that the marketing and use of dairy products may be encouraged, expanded, improved, or made more acceptable. No such advertising or sales promotion program shall make use of unfair or deceptive acts or practices with respect to the quality, value, or use of any competing product.
(b)National Dairy Promotion and Research Board.—
(1)
The order shall provide for the establishment and appointment by the Secretary of a National Dairy Promotion and Research Board that shall consist of not less than thirty-six members.
(2)
Except as provided in paragraph (6), the members of the Board shall be milk producers appointed by the Secretary from nominations submitted by eligible organizations certified under section 4505 of this title, or, if the Secretary determines that a substantial number of milk producers are not members of, or their interests are not represented by, any such eligible organization, then from nominations made by such milk producers in the manner authorized by the Secretary.
(3)
In making such appointments, the Secretary shall take into account, to the extent practicable, the geographical distribution of milk production volume throughout the United States.
(4)
In determining geographic representation, whole States shall be considered as a unit.
(5)
A region may be represented by more than one director and a region may be made up of more than one State.
(6)Importers.—
(A)Initial representation.—
In making initial appointments to the Board of importer representatives, the Secretary shall appoint 2 members who represent importers of dairy products and are subject to assessments under the order.
(B)Subsequent representation.—
At least once every 3 years after the initial appointment of importer representatives under subparagraph (A), the Secretary shall review the average volume of domestic production of dairy products compared to the average volume of imports of dairy products into the United States during the previous 3 years and, on the basis of that review, shall reapportion importer representation on the Board to reflect the proportional share of the United States market by domestic production and imported dairy products.
(C)Additional members; nominations.—The members appointed under this paragraph—
(i)
shall be in addition to the total number of members appointed under paragraph (2); and
(ii)
shall be appointed from nominations submitted by importers under such procedures as the Secretary determines to be appropriate.
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