Title 7 › CHAPTER 101 — AGRICULTURAL PROMOTION › SUBCHAPTER IV — KIWIFRUIT › § 7465
Requires the Board to make and send a yearly budget before the fiscal year starts and to include a plan for research, promotion, and consumer information about kiwifruit. A budget takes effect when two-thirds of a quorum of the Board vote for it and the Secretary approves it. The plan must be approved by the Secretary. With the Secretary’s OK, the Board may hire others to carry out and pay for the plan. The order must set an assessment (fee) on produced and imported kiwifruit. The Board can recommend a rate by a two-thirds vote of a quorum, and the Secretary must approve it, but the rate cannot be more than $0.10 per 7-pound tray or an equal amount. First handlers must collect the assessment from producers and pay the Board, and must keep separate records for each producer’s fruit (including fruit owned by the handler). Importers pay the assessment to Customs when the fruit enters the United States and then send it to the Board. Exemptions: producers under 500 pounds a year, importers under 10,000 pounds a year, direct sales from producer to consumer not for resale, and fruit produced or imported for processing. To get an exemption a person must apply to the Board or be on the Board’s approved processor list. Assessment money can pay for the budgeted research, promotion, consumer information, Board operations, enforcement, and a reserve. It must also pay the Secretary’s expenses and reimburse the Secretary for referenda. Except for the first year, Board administrative costs may not exceed 30 percent of the budget. Promotions paid with these funds may not make false claims about kiwifruit or false statements about competing products. Funds may not be used to influence legislation or government policy, except to make recommendations to the Secretary. The Board and responsible handlers/importers must keep books and records, give reports the Secretary requires, and give an independent audit each year. Information from handlers/importers must be kept confidential by the Board and USDA, and released only as the Secretary allows or in a legal case about the order. Aggregated reports that do not identify anyone are allowed. The Secretary may publish the names of people who break the order and which parts they broke. Anyone who willfully breaks the confidentiality rules can be fined up to $1,000, jailed up to 1 year, or both; Board members or USDA employees who do so must also be removed from office. Information cannot be withheld from Congress.
Full Legal Text
Agriculture, Source: USLM XML via OLRC
Legislative History
Reference
Citation
7 U.S.C. § 7465
Title 7, Agriculture
Last Updated
Sep 22, 2026
Release point: 119-110