§4906 Required Terms in Plans

Summary

Requires a plan to create a National Watermelon Promotion Board, give it powers to run the plan, make rules, look into complaints, and suggest changes. The Board must have equal numbers of producer and handler representatives and one public representative, all picked by the Secretary from nominations. If importers are included, they get one or more spots based on the share of assessments they pay, with at least one importer representative. The Secretary can appoint members if nominees are not chosen. A producer who buys lots of other growers’ watermelons may have to serve as a handler representative instead if purchases equal 25% or more of their own crop, or if total handled (own plus bought) is more than 50% of their own production. Board members are not paid but can be reimbursed for reasonable expenses. The Board must send an annual budget for research, development, advertising, promotion, and running costs. The Secretary sets assessment rates to pay that budget, following the notice-and-comment rules in section 553 (but not sections 556 or 557). Board funds may only be used for those programs and administration, not for private brand ads or false claims, and not for trying to influence government except as allowed. Producers, handlers, and covered importers pay per-unit assessments at the same rate; people who both produce and handle pay both. Anyone assessed who objects can ask for a refund under Board rules on a form and within a time set by the Board (at least 90 days to apply), and, if proof is provided, must get the refund within 60 days. Importers handling less than 150,000 pounds yearly may apply for a partial refund based on the domestic rate; the Secretary can change that weight limit after notice and comment to reflect changes in the 5-year average yield per acre. The Board must get Secretary approval for programs, may sign contracts with approval, keep books and records, send reports and yearly audits, and make rules to certify who is a producer.