§7465 Required Terms in Order

Summary

Requires the kiwifruit Board to make and send yearly budgets and plans for research, promotion, and consumer information to the Secretary before each fiscal year. Budgets must be approved by a two‑thirds vote of a quorum of the Board and by the Secretary. Plans and any contracts to carry them out must also be approved by the Secretary. The Board recommends an assessment rate by a two‑thirds vote and the Secretary approves it, but the rate cannot exceed $0.10 per 7‑pound tray or an equivalent amount. The Board must collect assessments from first handlers (who collect from producers and keep separate producer records) and importers must pay at entry to U.S. Customs. Exemptions apply for producers under 500 pounds a year, importers under 10,000 pounds a year, direct sales from producer to consumer (not for resale), and kiwifruit produced or imported for processing. To claim an exemption a person must apply to the Board or be on the Board’s approved processor list. Assessment money can pay for the Board’s research, promotion, consumer information, administration, enforcement, a reserve under section 7466(d), and the Secretary’s expenses (including referenda). After the first year, administration costs may not exceed 30% of the annual budget. Promotions paid for by assessments cannot make false claims about kiwifruit or false statements about competing products. Board records and handlers’/importers’ books must be kept, audited yearly, and kept confidential, with limited public disclosure rules. Willful violations can bring up to $1,000 fine, up to 1 year in jail, or both, and removal from office for Board members or Department employees. Congress may not be denied information.