§4005 — Title 16 Conservation | U.S. Code

Summary

The National Council must write and give the Secretary each year a marketing and promotion plan and a budget for the coming year. The plan must cover consumer education, research, and other promotion work and coordinate with councils set up under section 4009. The Council must keep full accounting and other records the Secretary wants to see, and must send reports or proposals when the Secretary or the Council thinks they help the law’s goals. Each yearly plan must aim to raise demand for fish and fish products, improve marketing and use of those products, and share data from education and research. Education and promotion may not use brand names or deceptive claims, and may not push one species or a group of similar species except as pictures when promoting fish in general. The Council may hire an executive director whose pay cannot exceed Senior Executive Service Level 6; that person must have marketing experience and, with Council approval, may hire staff without following title 5 rules. The Council may make agreements to help fund referenda to create or set standards for councils under section 4009 or to end such councils, and may make other agreements to carry out its work. The Council must end on December 31, 1991.

Title 16, §4005

Conservation — Source: USLM XML via OLRC

(a)The National Council shall—

(1)prepare and submit to the Secretary, for the Secretary’s review and approval, an annual marketing and promotion plan which contains descriptions of consumer education, research, and other marketing and promotion activities of the National Council for the following year, including plans to coordinate the activities of councils established under section 4009 of this title;

(2)prepare and submit to the Secretary, for the Secretary’s review and approval, an annual budget of the anticipated expenses and disbursements of the National Council, including probable costs of consumer education, research, and other marketing and promotion plans or projects, and referenda under section 4009 of this title;

(3)maintain accounting records of the receipt and disbursement of all funds entrusted to the National Council, subject to the Secretary’s right to review or inspect such records;

(4)maintain such books and records as the Secretary determines appropriate; and

(5)prepare and submit to the Secretary from time to time such reports or proposals as the Secretary or the National Council determines appropriate for furthering the purposes and policies of this chapter.

(b)Each annual marketing and promotion plan shall be directed to—

(1)increasing the general demand for fish and fish products;

(2)encouraging, expanding, or improving the marketing and promotion and utilization of fish and fish products; and

(3)improving the dissemination of data collected by consumer education, research, and other marketing promotion activities.

(c)Consumer education and other marketing and promotion activities of the National Council shall contain no reference to a private brand or trade name and shall avoid use of deceptive acts or practices in behalf of fish or fish products or with respect to the quality, value, or use of any competing product or group of products. In addition, the National Council may not promote the consumption or purchase of a single or group of similar fish species (such as members of the same genera); except that the Council may use illustrations of a single or group of similar fish species in the course of promoting the generic consumption of fish and fish products.

(d)The National Council may employ and determine the salary of an executive director, but such salary shall not exceed Senior Executive Service Level 6. The executive director shall have demonstrated expertise in the marketing and promotion of food products and may, without regard to the provisions of title 5, with the approval of the National Council, select and employ additional staff as necessary.

(e)The National Council may enter into agreements with applicants proposing to establish a council under section 4009 of this title for the purposes of funding a referendum establishing the council. The National Council may enter into agreements with the councils established under section 4009 of this title for the purpose of funding a referendum to establish quality standards, or a referendum to terminate any such council.

(f)The National Council may enter into agreements to develop and carry out activities authorized under this chapter.

(g)The National Council shall cease to exist on December 31, 1991.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Senior Executive Service, referred to in subsec. (d), see section 5382 of Title 5, Government Organization and Employees.

Amendments

1990—Subsec. (g). Pub. L. 101–627 substituted “

December 31, 1991” for “

October 1, 1990”.

Statutory Notes and Related Subsidiaries

Continuity of Council Functions, Contracts, and Personnel Pub. L. 101–627, title VII, § 705, Nov. 28, 1990, 104 Stat. 4464, provided that: “All current functions, contracts in force, and existing personnel of the National Fish and Seafood Promotional Council as of

September 30, 1990, are reauthorized and extended, and shall continue as if uninterrupted, notwithstanding section 206(g) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4005(g)) as in effect on

September 30, 1990.”

§4005 Functions and duties of National Council