§6104 Required Terms in Orders

Summary

Creates a Mushroom Council and says what must be in any order setting it up. The Council must have at least 4 and no more than 9 members. Most members must be mushroom producers or importers chosen by the Secretary from nominations, and no single nominator can supply more than one appointee. States are grouped into three production regions, and importers are a fourth region. The Secretary must try to pick members to reflect where mushrooms are grown and how many are imported. A region that averages at least 50,000,000 pounds a year gets one member. Regions with larger average production get extra members: more than 110,000,000 but up to 180,000,000 gets one extra; more than 180,000,000 but up to 260,000,000 gets two extra; more than 260,000,000 gets three extra. Only producers covered by this law count toward those totals. Appointments last 3 years, with initial terms staggered for 1, 2, and 3 years when possible. Council members get no pay, but their Council duties expenses are reimbursed. The Council must run the program, make rules, form an executive committee, and propose budgets and projects for promotion, research, consumer and industry information. It may suggest voluntary quality or grade standards and programs for good farming and handling. It must handle complaints, recommend changes to the order, and may invest collected funds only in safe investments (U.S. or state obligations, certain bank accounts or certificates of deposit, or obligations fully guaranteed by the United States). All promotion or research plans and budgets need the Secretary’s approval before starting. The Council can hire others under contracts that require a plan, a budget, records, and reports. First handlers, importers, and direct marketers must collect or pay assessments to the Council as the order prescribes. Assessment rates are set by the Council but cannot exceed one-quarter cent per pound in year one, one-third cent in year two, one-half cent in year three, and one cent per pound in later years. Assessments pay program expenses, a reasonable reserve, and certain administrative costs, but not salaries for Government employees doing referenda. No assessments on mushrooms certified for export. Council funds may not be used to influence laws or government policy, though they can be used to propose order amendments or voluntary standards to the Secretary. The Council and handlers must keep records for the Secretary, have annual independent audits, and keep information confidential except for limited public summaries, named violators, or lawful law‑enforcement sharing. Wrongful disclosure can bring a fine of up to $1,000, imprisonment up to 1 year, or both, and officials can be removed. Orders must also include penalties for late payments.