An Act to enable potato growers to finance a nationally coordinated research and promotion program to improve their competitive position and expand their markets for potatoes by increasing consumer acceptance of such potatoes and potato products and by im
PL 91-670 (S.1181), enacted 01/11/1971

2040 
PUBLIC LAW 91-670-JAN. 11, 1971 
[84 STAT. 
Public Law 91-670 
AN ACT 
January 11, 1971 
[S.1181] 
49 Stat. 753; 
79 Stat. 1187. 
7 u s e 608c. 
To provide authority for promotion programs for milk, tomatoes, and potatoes, 
and to amend section 8e of the Agricultural Adjustment Act, as reenacted and 
amended, to provide for the extension of restrictions on imported commodities 
imposed by such section to imported raisins, olive,s, and prunes. 
Be it enacted hy the Senate and House of Representatives 
of the 
A gricuitura 1 Ad- United StMes o f America in Congress assembled, 
justment Act, 
•' 
"^ 
^ 
amendments. 
TITLE I—ADVERTISING PROJECTS: MILK 
SEC. 101. The Agricultural Adjustment Act, as reenacted and 
amended by the Agricultural Marketing Agreement Act of 1937, as 
amended, is further amended, by adding at the end of subsection 8c (5) 
the following new subparagraph (I) : 
"(I) EstaWishing or providing for the establishment of research 
and development projects, and advertising (excluding brand adver-
tising), sales promotion, educational, and other programs, designed 
to improve or promote the domestic marketing and consumption of 
milk and its products, to be financed by producers in a manner and 
at a rate specified in the order, on all producer milk under the order. 
Producer contributions under this subparagraph may be deducted 
from funds due producers in computing total pool value or otherwise 
computing total funds due producers and such deductions shall be 
in addition to the adjustments authorized by subparagraph (B) of 
subsection 8c(5). Provision may be made in the order to exempt, or 
allow suitable adjustments or credits in connection with, milk on which 
a mandatory checkoff for advertising or marketing research is required 
under the authority of any State law. Such funds shall be paid to an 
agency organized by milk producers and producers' cooperative asso-
ciations in such form and with such methods of operation as shall be 
specified in the order. Such agency may expend such funds for any 
of the purposes authorized by this subparagraph and may designate, 
employ, and allocate funds to persons and organizations engaged in 
such programs which meet the standards and qualifications specified 
in the order. All funds collected under this subparagraph shall be 
separately accounted for and shall be used only for the purposes for 
which they were collected. Programs authorized by this subparagraph 
may be either local or national in scope, or both, as provided m the 
order, but shall not be international. Order provisions under this 
subparagraph shall not become effective in any marketing order unless 
such provisions are approved by producers separately from other order 
provisions, in the same manner provided for the approval of market-
ing orders, and may be terminated separately whenever the Secretary 
makes a determination wuth respect to such provisions as is provided 
for the termination of an order in subsection 8c(16) (B). Disapproval 
or termination of such order provisions shall not be considered dis-
approval of the order or of other terms of the order. Notwithstanding 
any other provision of this Act, as amended, any producer against 
whose marketings any assessment is withheld or collected under the 
authority of this subparagraph, and who is not in favor of supporting 
the research and promotion programs, as provided for herein, shall 
have the right to demand and receive a refund of such assessment 
pursuant to the terms and conditions specified in the order." 
49 Stat. 760. 
84 STAT. ] 
PUBLIC LAW 91-670-JAN. 11, 1971 
2041 
TITLE II—TOMATO ADVERTISING PROJECTS 
SEC. 201. Section 8c(6) (I) of the Agricultural Adjustment Act, as 
amended, and as reenacted and amended by the Agricultural Market-
ing Agreement Act of 1937, aa amended, is amended by striking out 
^"'e, p. 687. 
"or apples" in the first proviso, and inserting in lieu thereof "apples, 
or tomatoes". 
TITLE III—POTATO RESEARCH AND PROMOTION 
This title may be cited as the "Potato Research and Promotion Act". ti^^"^"°" °^ 
FINDINGS AND DECLARATION OF POLICY 
SEC. 302. Potatoes are a basic food in the United States. They are 
produced by many individual potato growers in every State in the 
United States. In 1966, there were one million four hundred and 
ninety-seven thousand acres of cropland in the United States devoted 
to the production of potatoes. Approximately two hundred and 
seventy-five million hundredweight of potatoes have been produced 
annually during the past five years with an estimated sales value to 
the potato producers of $561,000,000. 
Potatoes and potato products move, in a large part, in the channels 
of interstate commerce, and potatoes which do not move in such 
channels directly burden or affect interstate commerce in potatoes and 
potato products. All potatoes produced in the United States are in the 
current of interstate commerce or directly burden, obstruct, or affect 
interstate commerce in potatoes and potato products. 
The maintenance and expansion of existing potato markets and the 
development of new or improved markets are vital to the welfare of 
potato growers and those concerned with marketing, using, and proc-
essing potatoes as well as the general economic welfare of the Nation. 
Therefore, it is the declared policy of the Congress and the purpose 
of this title that it is essential in the public interest, through the exer-
cise of the powers provided herein, to authorize the establishment of 
an orderly procedure for the financing, through adequate assessments 
on all potatoes harvested in the United States for commercial use, and 
the carrying out of an effective and continuous coordinated program 
of research, development, advertising, and promotion designed to 
strengthen potatoes' competitive position, and to maintain and expand 
domestic and foreign markets for potatoes produced in the United 
States. 
DEFINITIONS 
SEC. 303. As used in this title: 
(a) The term "Secretary" means the Secretary of Agriculture. 
(b) The term "person" means any individual, partnership, corpora-
tion, association, or other entity. 
(c) The term "potatoes" means all varieties of Irish potatoes grown 
by producers in the forty-eight contiguous States of the United States. 
(d) The term "handler" means any person (except a common or 
contract carrier of potatoes owned by another person) who handles 
potatoes in a manner specified in a plan issued pursuant to this title 
or in the rules and regulations issued thereunder. 
(e) The term "producer" means any person engaged in the growing 
of five or more acres of potatoes. 
(f) The term "promotion" means any action taken by the National 
Potato Promotion Board, pursuant to this title, to present a favorable 
2042 
PUBLIC LAW 91-670-JAN. 11, 1971 
[84 STAT. 
image for potatoes to the public with the express intent of improving 
their competitive positions and stimulating sales of potatoes and shall 
include, but shall not be limited to, paid advertising. 
AUTHORITY TO ISSUE A PLAN 
SEC. 304. To effectuate the declared policy of this title, the Secretary 
shall, subject to the provisions of this title, issue and from time to 
time amend, orders applicable to persons engaged in the handling of 
potatoes (hereinafter referred to as handlers) and shall have author-
ity to issue order's authorizing the collection of assessments on potatoes 
handled under the provisions of this title, and to authorize the use of 
such funds to provide research, development, advertising, and pro-
motion of potatoes in a manner prescribed in this title. Any order 
issued by the Secretary under this title shall hereinafter in this title 
be referred to as a "plan". Any such plan shall be applicable to potatoes 
produced in the forty-eight contiguous States of the United States. 
NOTICE AND HEARINGS 
SEC. 305. When sufficient evidence is presented to the Secretary by 
potato producers, or whenever the Secretary has reason to believe that 
a plan will tend to effectuate the declared policy of this title, he shall 
give due notice and opportunity for a hearing upon a proposed plan. 
Such hearing may be requested by potato producers or by any other 
interested person or persons, including the Secretary, when the request 
for such hearing is accompanied by a proposal for a plan. 
FINDING AND ISSUANCE OF A PLAN 
SEC. 306. After notice and opportunity for hearing, the Secretary 
shall issue a plan if he finds, and sets forth in such plan, upon the 
evidence introduced at such hearing, that the issuance of such plan 
and all the terms and conditions thereof will tend to effectuate the 
declared policy of this title. 
REGULATIONS 
SEC. 307. The Secretary is authorized to make such regulations with 
the force and effect of law, as may be necessary to carry out the provi-
sions of this title and the powers vested in him by this title. 
National Potato 
Promotion Board, 
establishment. 
Membership. 
REQUIRED TERMS I N 
PLANS 
SEC. 308. Any plan issued pursuant to this title shall contain the 
following terms and conditions: 
(a) Providing for the establishment by the Secretary of a National 
Potato Promotion Board (hereinafter referred to as "the board") 
and for defining its powers and duties, which shall include powers— 
(1) to administer such plan in accordance with its terms and 
conditions; 
(2) to make rules and regulations to effectuate the terms and 
conditions of such plan; 
(3) to receive, investigate, and report to the Secretary com-
plaints of violations of such plan; and 
(4) to recommend to the Secretary amendments to such plan. 
(b) Providing that the board shall be composed of representatives 
of producers selected by the Secretary from nominations made by 
producers in such manner as may be prescribed by the Secretary. In 
Costs, a s s e s s -
ment rate. 
84 STAT. ] 
PUBLIC LAW 91-670-JAN. 11, 1971 
2043 
the event producers fail to select nominees for appointment to the 
board, the Secretary shall appoint producers on the basis of represen-
tation provided for in such plan. 
(c) Providing that board members shall serve without compensation, 
Expense s. 
but shall be reimbursed for reasonable expenses incurred in performing 
their duties as members of the board. 
(d) Providing that the board shall prepare and submit to the 
^"dget. 
Secretary for his approval a budget, on a fiscal period basis, of its 
anticipated expenses and disbursements in the administration of the 
plan, including probable costs of research, development, advertising, 
and promotion. 
(e) Providing that the board shall recommend to the Secretary and 
the Secretary shall fix the assessment rate required for such costs as 
may be incurred pursuant to subsection (d) of this section; but in no 
event shall the assessment rate exceed 1 cent per one hundred pounds 
of potatoes handled. 
( f ) P r o v i d i n g t h a t — 
Restrictions. 
(1) funds collected by the board shall be used for research, 
development, advertising, or promotion of potatoes and potato 
products and such other expenses for the administration, mainte-
nance, and functioning of the board, as may be authorized by the 
Secretary; 
(2) no advertising or sales promotion program shall make any 
reference to private brand names or use false or unwarranted 
claims in behalf of potatoes or their products or false or unwar-
ranted statements with respect to the attributes or use of any 
competing products; and 
(3) no funds collected by the board shall in any manner be 
used for the purpose of influencing governmental policy or action, 
except as provided by subsection (a) (4) of this section. 
(g) Providing that, notwithstanding any other provisions of this 
Assessment, re-
title, any potato producer against whose potatoes any assessment is "" * 
made and collected under authority of this title and who is not in 
favor of supporting the research and promotion program as provided 
for under this title shall have the right to demand and receive from the 
board a refund of such assessment: Provided^ That such demand shall 
be made personally by such producer in accordance with regulations 
and on a form and within a time period prescribed by the board and 
approved by the Secretary, but in no event less than ninety days, and 
upon submission of proof satisfactory to the board that the producer 
paid the assessment for which refund is sought, and any such refund 
shall be made within sixty days after demand therefor. 
(h) Providing that the board shall, subject to the provisions of 
subsections (e) and (f) of this section, develop and submit to the Sec-
retary for his approval any research, development, advertising or 
promotion programs or projects, and that any such program or project 
must be approved by the Secretary before becoming effective. 
(i) Providing the board with authority to enter into contracts or 
contract authot-
agreements, with the approval of the Secretary, for the development 
'^^^• 
and carrying out of research, development, advertising or promotion 
programs or projects, and the payment of the cost thereof v*^ith funds 
collected pursuant to this title. 
(j) Providing that the board shall maintain books and records and 
Recordkeeping; 
prepare and submit to the Secretary such reports from time to time ^"'*" '•*^°'"*' 
as may be prescribed for appropriate accounting with respect to the 
receipt and disbursement of funds entrusted to it and cause a complete 
audit report to be submitted to the Secretary at the end of each fiscal 
period. 
2044 
PUBLIC LAW 91-670-JAN. 11, 1971 
[84 STAT. 
PERMISSIVE TERMS IN PLANS 
SEC. 309. Any plan issued pursuant to this title may contain one or 
more of the following terms and conditions: 
(a) Providing authority to exempt from the provisions of the plan 
potatoes used for nonfood uses, and authority for the board to require 
satisfactory safeguards against improper use of such exemptions. 
(b) Providing for authority to desi^ate different handler payment 
and reporting schedules to recognize differences in marketing practices 
and procedures utilized in different production areas. 
(c) Providing for the establishment, issuance, effectuation, and 
administration of appropriate programs or projects for the advertising 
and sales promotion of potatoes and potato products and for the dis-
bursement of necessary funds for such purposes: Provided^ however^ 
That any such program or project shall be directed toward increasing 
the general demand for potatoes and potato products: And 
provided 
further^ That such promotional activities shall comply with the pro-
visions of section 308 (f) of this title. 
(d) Providing for establishing and carrying on research and devel-
opment projects and studies to the end that the marketing and utiliza-
tion of potatoes may be encouraged, expanded, improved, or made 
more efficient, and for the disbursement of necessary funds for such 
purposes. 
(e) Providing for authority to accumulate reserve funds from 
assessments collected pursuant to this title, to permit an effective and 
continuous coordinated program of research, development, advertising, 
and promotion in years when the production and assessment income 
may be reduced: Provided^ That the total reserve fund does not 
exceed the amount budgeted for two years' operation. 
(f) Providing for authority to use funds collected herein, wdth 
the approval of the Secretary, for the development and expansion of 
potato and potato product sales in foreign markets. 
(g) Terms and conditions incidental to and not inconsistent with 
the terms and conditions specified in this title and necessary to effec-
tuate the other provisions of such plan. 
Recordkeeping. 
Records, avail-
ability; reports. 
ASSESSMENTS 
SEC. 310. (a) Each handler designated by the board, pursuant 
to regulations issued under the plan, to make payment of assessments 
shall be responsible for payment to the board, as it may direct, of any 
assessment levied on potatoes; and such handler may collect from any 
producer or deduct from the proceeds paid to any producer, on whose 
potatoes such assessment is made, any such assessment required to be 
paid by such handler. Such handler shall maintain a separate record 
with respect to each producer for whom potatoes were handled, and 
such records shall indicate the total quantity of potatoes handled by 
him including those handled for producers and for himself, shall 
indicate the total quantity of potatoes handled by him which are 
included under the.terms of a plan as well as those which are exempt 
under such plan, and shall indicate such other information as may be 
prescribed by the board. To facilitate the collection and payment of 
such assessments, the board may designate different handlers or classes 
of handlers to recognize differences in marketing practices or proce-
dures utilized in any State or area. No more than one such assessment 
shall be made on any potatoes. 
(b) Handlers responsible for payment of assessments under sub-
section (a) of this section shall maintain and make available for 
inspection by the Secretary such books and records as required by the 
formation. 
84 STAT. ] 
PUBLIC LAW 91-670-JAN. 11, 1971 
2045 
plan and file reports at the times, in the manner, and having the content 
prescribed by the plan, to the end that information and data shall be 
made available to the board and to the Secretary which is appropriate 
or necessary to the effectuation, administration, or enforcement of this 
title or of any plan or regulation issued pursuant to this title. 
(c) All information obtained pursuant to subsections (a) and (b) ^ confidential in-
of this section shall be kept confidential by all officers and employees 
of the Department of Agriculture and of the board, and only such 
information so furnished or acquired as the Secretary deems relevant 
shall be disclosed by them, and then only in a suit or administrative 
hearing brought at the direction, or upon the request, of the Secretary, 
or to which he or any officer of the United States is a party, and 
involving the plan with reference to which the information to be 
disclosed was furnished or acquired. Nothing in this section shall be 
deemed to prohibit— 
(1) the issuance of general statements based upon the reports 
of a number of handlers subject to a plan if such statements do 
not identify the information furnished by any person, or 
(2) the publication by direction of the Secretary of the name 
of any person violating any plan together with a statement of 
the particular provisions of the plan violated by such person. 
Any such officer or employee violating the provisions of this sub- 
Penalty. 
section shall upon conviction be subject to a fine of not more than 
$1,000 or imprisonment for not more than one year, or both, and shall 
be removed from office. 
PETITION AND REVIEW 
SEC. 311. (a) Any person subject to a plan may file a written petition 
with the Secretary, stating that such plan or any provision of such 
plan or any obligation imposed in connection therewith is not in 
accordance with law and praying for a modification thereof or to be 
exempted therefrom. He shall thereupon be given an opportunity for 
Hearing oppor-
a hearing upon such petition, in accordance with regulations made by *""^*y* 
the Secretary. After such hearing, the Secretary shall make a ruling 
upon the prayer of such petition w^hich shall be final, if in accordance 
with law. 
(b) The district courts of the United States in any district in which 
Jurisdiction, 
such person is an inhabitant, or has his principal place of business, 
are hereby vested with jurisdiction to review such ruling: Provided^ 
That a complaint for that purpose is filed within twenty days from 
the date of the entry of such ruling. Service of process in such pro-
ceedings may be had upon the Secretary by delivering to him a copy 
of the complaint. If the court determines that such ruling is not in 
acco- dance with law, it shall remand such proceedings to the Secretary 
with directions either (1) to make such ruling as the court shall deter-
mine to be in accordance with law, or (2) to take such further proceed-
ings as, in its opinion, the law requires. The pendency of proceedings 
instituted pursuant to subsection (a) of this section shall not 
impede, hinder, or delay the United States or the Secretary from 
obtaining relief pursuant to section 312(a) of this title. 
ENFORCEMENT 
SEC. 312. (a) The several district courts of the United States are 
vested with jurisdiction specifically to enforce, and to prevent and 
restrain any person from violating, any plan or regulation made or 
issued pursuant to this title. 
(b) Any handler who violates any provisions of any plan issued 
by the Secretary under this title, or who fails or refuses to remit any 
2046 
PUBLIC LAW 91-670-JAN. 11, 1971 
[84 STAT. 
assessment or fee duly required of him thereunder shall be subject 
to criminal prosecution and shall be fined not less than $100 nor more 
than $1,000 for each such offense. 
INVESTIGATION AND POWER TO SUBPENA 
SEC. 313. (a) The Secretary may make such investigations as he 
deems necessary for the effective carrying out of his responsibilities 
under this title or to determine whether a handler or any other person 
has engaged or is engaging in any acts or practices which constitute 
a violation of any provision of this title, or of any plan, or rule or 
regulation issued under this title. For the purpose of any such investi-
gation, the Secretary is empowered to administer oaths and affirma-
tions, subpena witnesses, compel their attendance, take evidence, and 
require the production of any books, papers, and documents which are 
relevant to the inquiry. Such attendance of witnesses and the produc-
tion of any such records may be required from any place in the United 
States. In case of contumacy by, or refusal to obey a subpena issued 
to, any person, including a handler, the Secretary may invoke the 
aid of any court of the United States within the jurisdiction of which 
such investigation or proceeding is carried on, or where such person 
resides or carries on business, in requiring the attendance and testimony 
of witnesses and the production of books, papers, and documents; and 
such court may issue an order requiring such person to appear before 
the Secretary, there to produce records, if so ordered, or to give testi-
Penaity. 
mouy touchiug the matter under investigation. Any failure to obey 
such order of the court may be punished by such court as contempt 
thereof. All process in any such case may be served in the judicial 
district whereof such person is an inhabitant or wherever he may be 
Hearings, juris- fouud. The site of auy hearings held under this section shall be within 
''^ ^°"* 
the judicial district where such handler or other person is an inhabitant 
or has his principal place of business. 
seif-incrimina- 
^ly"^ ^TQ persou shall be excused from attending and testifying or 
from producing books, papers, and documents before the Secretary, 
or in obedience to the subpena of the Secretary, or in any cause or 
proceeding, criminal or otherwise, based upon, or growing out of any 
alleged violation of this title, or of any plan, or rule or regulation 
issued thereunder on the ground or for the reason that the testimony 
or evidence, documentary or otherwise, required of him may tend to 
incriminate him or subject him to a penalty or forfeiture; but no indi-
vidual shall be prosecuted or subjected to any penalty or forfeiture 
for or on account of any transaction, matter, or thin^ concerning which 
he is compelled, after having claimed his privilege against self-
incrimination, to testify or produce evidence, documentary or other-
wise, except that any individual so testifying shall not be exempt from 
prosecution and punishment for perjury committed in so testifying. 
REQUIREMENT 
OF 
REFERENDUM 
SEC. 314. The Secretary shall conduct a referendum among pro-
ducers who, during a representative period determined by the Secre-
tary, have been engaged in the production of potatoes for the purpose 
of ascertaining whether the issuance of a plan is approved or favored 
by producers. No plan issued pursuant to this title shall be effective 
unless the Secretary determines that the issuance of such plan is 
approved or favored by not less than two-thirds of the producers 
voting in such referendum, or by the producers of not less than two-
thirds of the potatoes produced during the representative period by 
tion, privilege. 
Penalty, 
Referendum. 
84 STAT. ] 
PUBLIC LAW 91-670-JAN. 11, 1971 
2047 
producers voting in such referendum, and by not less than a majority 
of the producers voting in such referendum. The ballots and other 
information or reports which reveal or tend to reveal the vote of any 
producer or his production of potatoes shall be held strictly confiden-
tial and shall not be disclosed. Any officer or employee of the Depart-
ment of Agriculture violating the provisions hereof shall upon 
conviction be subject to the penalties provided in paragraph 310(c) 
above. 
SUSPENSION OR TERMINATION OF PLANS 
SEC. 315. (a) The Secretary shall, whenever he finds that a plan or 
any provision thereof obstructs or does not tend to effectuate the 
declared policy of this title, terminate or suspend the operation of 
such plan or such provision thereof. 
(b) The Secretary may conduct a referendum at any time and 
shall hold a referendum on request of the board or of 10 per centum 
or more of the potato producers to determine if potato producers favor 
the termination or suspension of the plan, and he shall terminate or 
suspend such plan at the end of the marketing year whenever he 
deteraiines that such suspension or termination is favored by a major-
ity of those voting in a referendum, and who produce more than 50 
per centum of the volume of the potatoes produced by the potato 
producers voting in the referendum. 
AMENDMENT PROCEDURE 
SEC. 316. The provisions of this title applicable to plans shall be 
applicable to amendments to plans. 
SEPARABILITY 
SEC. 317. If any provision of this title or the application thereof to 
any person or circumstances is held invalid, the validity of the remain-
der of this title and of the application of such provision to other persons 
and circumstances shall not be affected thereby. 
AUTHORIZATION 
SEC. 318. There is hereby made available from the funds provided 
by section 32 of Public Law 320, Seventy-fourth Congress (49 Stat. 
774), as amended (7 U.S.C. 612c), such sums as are necessary to carry 
out the provisions of this title: Provided^ That no such sum shall be 
used for the payment of any expenses or expenditures of the board in 
administering any provision of any plan issued under authority of 
this title. 
E F F E C T I V E DATE 
SEC. 319. This title shall take effect upon enactment. 
TITLE IV—RESTRICTIONS OX IMPORTED COMMODITIES 
SEC. 401. Section 8e of the Agricultural Adjustment Act of 1933, 
as amended, as reenacted and amended by the Agricultural Marketing 
Agreement Act of 1937, as amended, and as amended by the Agri-
cultural Act of 1961, is amended by inserting in the first sentence 
l^^f}l^\l^^\ 
thereof between "tomatoes" and "avocadoes," the following: "raisins, 
" """ "" ' 
olives (other than Spanish-style green olives), prunes"'. 
Approved January 11, 1971. 
7 u s e 608e-l.