---
kind: "section"
citation: "7 U.S.C. § 2707"
title: "7"
title_heading: "Agriculture"
number: "2707"
heading: "Required terms and conditions in orders"
release: "119-102"
url: "https://uscodex.org/usc/7/2707"
units:
  - "Chapter 60 — Egg Research and Consumer Information"
---

# §2707. Required terms and conditions in orders


[Orders](/usc/7/2902.md?p=10) issued pursuant to this chapter shall contain the following conditions:

- (a) **Egg Board; establishment; appointment and terms of membership; powers and duties—** Providing for the establishment and appointment, by the [Secretary](/usc/7/2702.md?p=a), of an Egg [Board](/usc/7/1502.md?p=b-4) which shall consist of not more than twenty members, and alternates therefor, and defining its powers and duties which shall include only the powers (1) to administer such [order](/usc/7/2902.md?p=10) in accordance with its terms and provisions, (2) to make rules and regulations to effectuate the terms and provisions of such [order](/usc/7/2902.md?p=10), (3) to receive, investigate and report to the [Secretary](/usc/7/2702.md?p=a) complaints of violations of such [order](/usc/7/2902.md?p=10), and (4) to recommend to the [Secretary](/usc/7/2702.md?p=a) amendments to such [order](/usc/7/2902.md?p=10). The term of an appointment to the Egg [Board](/usc/7/1502.md?p=b-4) shall be for two years with no member serving more than three consecutive terms, except that initial appointment shall be proportionately for two-year and three-year terms.
- (b) **Composition of Board—** Providing that the Egg [Board](/usc/7/1502.md?p=b-4), and alternates therefor, shall be composed of [egg producers](/usc/7/2702.md?p=e) or representatives of [egg producers](/usc/7/2702.md?p=e) appointed by the [Secretary](/usc/7/2702.md?p=a) from nominations submitted by eligible organizations, associations, or cooperatives, and certified pursuant to [section 2715 of this title](/usc/7/2715.md), or, if the [Secretary](/usc/7/2702.md?p=a) determines that a substantial number of [egg producers](/usc/7/2702.md?p=e) are not members of or their interests are not represented by any such eligible organizations, associations or cooperatives, then from nominations made by such [egg producers](/usc/7/2702.md?p=e) in the manner authorized by the [Secretary](/usc/7/2702.md?p=a), so that the representation of [egg producers](/usc/7/2702.md?p=e) on the [Board](/usc/7/1502.md?p=b-4) shall reflect, to the extent practicable, the proportion of [eggs](/usc/7/2702.md?p=c) produced in each geographic [area](/usc/7/1471.md?p=5) of the [United States](/usc/7/2702.md?p=h) as defined by the [Secretary](/usc/7/2702.md?p=a): Provided, however, That each such egg producing geographic [area](/usc/7/1471.md?p=5) shall be entitled to at least one representative on the Egg [Board](/usc/7/1502.md?p=b-4): Provided further, That two members of the Egg [Board](/usc/7/1502.md?p=b-4), and alternates therefor, shall be consumers or representatives of consumers, if approved by [egg producers](/usc/7/2702.md?p=e) voting in a referendum on an amendment to the [order](/usc/7/2902.md?p=10). Such consumer appointments shall be made by the [Secretary](/usc/7/2702.md?p=a) from nominations submitted by eligible organizations. If the [Secretary](/usc/7/2702.md?p=a) determines that such nominees are not members of either a bona fide consumer organization or do not represent consumers, the [Secretary](/usc/7/2702.md?p=a) may appoint such consumers or representatives of consumers as deemed necessary to properly represent the interest of consumers. Consumer members of the Egg [Board](/usc/7/1502.md?p=b-4) shall be voting members.
- (c) **Advertising, sales promotion, consumer education, and research and development plans or projects; development and submittal to Secretary by Board—** Providing that the Egg [Board](/usc/7/1502.md?p=b-4) shall, subject to the provisions of [subsection (g)](#g) of this section, develop and submit to the [Secretary](/usc/7/2702.md?p=a) for his approval any advertising, sales [promotion](/usc/7/2702.md?p=i), [consumer education](/usc/7/2702.md?p=k), [research](/usc/7/2702.md?p=j), and development plans or projects, and that any such plan or project must be approved by the [Secretary](/usc/7/2702.md?p=a) before becoming effective.
- (d) **Budgets; submittal to Secretary by Board—** Providing that the Egg [Board](/usc/7/1502.md?p=b-4) shall, subject to the provisions of [subsection (g)](#g) of this section, submit to the [Secretary](/usc/7/2702.md?p=a) for his approval budg­ets on a fiscal period basis of its anticipated expenses and disbursements in the administration of the [order](/usc/7/2902.md?p=10), including probable costs of advertising, [promotion](/usc/7/2702.md?p=i), [consumer education](/usc/7/2702.md?p=k), [research](/usc/7/2702.md?p=j), and development projects. In preparing a budget for each of the 1994 and subsequent fiscal years, the Egg [Board](/usc/7/1502.md?p=b-4) shall, to the maximum extent practicable, allocate a proportion of [funds](/usc/7/4531.md?p=5) for [research](/usc/7/2702.md?p=j) projects under this chapter that is comparable to the proportion of [funds](/usc/7/4531.md?p=5) that were allocated for [research](/usc/7/2702.md?p=j) projects under this chapter in the budget of the Egg [Board](/usc/7/1502.md?p=b-4) for fiscal year 1993.
- (e) **Assessment payments by egg producers to egg handlers; implementation pursuant to order of Board; determination of amount; collection of assessment; rate limitation; maintenance of suit for collection—**
  - (1) Providing that each [egg producer](/usc/7/2702.md?p=e) shall pay to the [handler](/usc/7/2702.md?p=t) of [eggs](/usc/7/2702.md?p=c) designated by the [order](/usc/7/2902.md?p=10) of the Egg [Board](/usc/7/1502.md?p=b-4) pursuant to regulations issued under the [order](/usc/7/2902.md?p=10), an assessment based upon the number of cases of [commercial eggs](/usc/7/2702.md?p=c) handled for the account of such [producer](/usc/7/6802.md?p=4-A-iii-III-bb), in the manner as prescribed by the [order](/usc/7/2902.md?p=10), for such expenses and expenditures—including provision for a reasonable reserve and those administrative costs incurred by the Department after an [order](/usc/7/2902.md?p=10) has been promulgated under this chapter—as the [Secretary](/usc/7/2702.md?p=a) finds are reasonable and likely to be incurred by the Egg [Board](/usc/7/1502.md?p=b-4) under the [order](/usc/7/2902.md?p=10) during any period specified by him. Such [handler](/usc/7/2702.md?p=t) shall collect such assessment from the [producer](/usc/7/6802.md?p=4-A-iii-III-bb) and shall pay the same to the Egg [Board](/usc/7/1502.md?p=b-4) in the manner as prescribed by the [order](/usc/7/2902.md?p=10).
  - (2)
    - (A) The assessment rate shall be prescribed by the [order](/usc/7/2902.md?p=10). The rate shall not exceed 20 cents per case (or the equivalent of a case) of [commercial eggs](/usc/7/2702.md?p=c).
    - (B) The [order](/usc/7/2902.md?p=10) may be amended to increase the rate of assessment if the increase is recommended by the Egg [Board](/usc/7/1502.md?p=b-4) and approved by [egg producers](/usc/7/2702.md?p=e) in a referendum conducted under [section 2708(b) of this title](/usc/7/2708.md?p=b).
    - (C) The [order](/usc/7/2902.md?p=10) may be amended to decrease the assessment rate after public notice and opportunity for comment in accordance with [section 553 of title 5](/usc/5/553.md) and without regard to sections [556](/usc/5/556.md) and [557](/usc/5/557.md) of such title.
  - (3) To facilitate the collection of such assessments, the [order](/usc/7/2902.md?p=10) of the Egg [Board](/usc/7/1502.md?p=b-4) may designate different [handlers](/usc/7/2702.md?p=t) or classes of [handlers](/usc/7/2702.md?p=t) to recognize differences in [marketing](/usc/7/2702.md?p=l) practices or procedures utilized in the industry. The [Secretary](/usc/7/2702.md?p=a) may maintain a suit against any [person](/usc/7/2702.md?p=b) subject to the [order](/usc/7/2902.md?p=10) for the collection of such assessment, and the several district courts of the [United States](/usc/7/2702.md?p=h) are hereby vested with jurisdiction to entertain such suits regardless of the amount in controversy.
- (f) **Recordkeeping and reporting requirements; accounting by Board—** Providing that the Egg [Board](/usc/7/1502.md?p=b-4) shall maintain such books and records and prepare and submit such reports from time to time, to the [Secretary](/usc/7/2702.md?p=a) as he may prescribe, and for appropriate accounting by the Egg [Board](/usc/7/1502.md?p=b-4) with respect to the receipt and disbursement of all [funds](/usc/7/4531.md?p=5) entrusted to it.
- (g) **Contracts or agreements by Board for implementation of orders and payment of costs; required provisions—** Providing that the Egg [Board](/usc/7/1502.md?p=b-4), with the approval of the [Secretary](/usc/7/2702.md?p=a), may enter into [contracts](/usc/7/518.md?p=4) or agreements for development and carrying out of the activities authorized under the [order](/usc/7/2902.md?p=10) pursuant to section [2706(a)](/usc/7/2706.md?p=a) and [(b)](/usc/7/2706.md?p=b) of this title and for the payment of the cost thereof with [funds](/usc/7/4531.md?p=5) collected pursuant to the [order](/usc/7/2902.md?p=10). Any such [contract](/usc/7/518.md?p=4) or agreement shall provide that such contractors shall develop and submit to the Egg [Board](/usc/7/1502.md?p=b-4) a plan or project together with a budget or budgets which shall show estimated costs to be incurred for such plan or proj­ect, and that any such plan or project shall become effective upon the approval of the [Secretary](/usc/7/2702.md?p=a), and further, shall provide that the contracting party shall keep accurate records of all of its transactions and make periodic reports to the Egg [Board](/usc/7/1502.md?p=b-4) of activities carried out and an accounting for [funds](/usc/7/4531.md?p=5) received and expended, and such other reports as the [Secretary](/usc/7/2702.md?p=a) may require.
- (h) **Restriction on use of funds collected by Board for political purposes—** Providing that no [funds](/usc/7/4531.md?p=5) collected by the Egg [Board](/usc/7/1502.md?p=b-4) under the [order](/usc/7/2902.md?p=10) 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.
- (i) **Compensation and expenses of members of Board—** Providing that the [Board](/usc/7/1502.md?p=b-4) members, and alternates therefor, shall serve without compensation, but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the [Board](/usc/7/1502.md?p=b-4).
- (j) **Reasonable costs limitation for collection of assessments and for an administrative staff—** Providing that the total costs incurred by the Egg [Board](/usc/7/1502.md?p=b-4) for a fiscal year in collecting [producer](/usc/7/6802.md?p=4-A-iii-III-bb) assessments and having an administrative staff shall not exceed an amount of the projected total assessments to be collected by the Egg [Board](/usc/7/1502.md?p=b-4) for such fiscal year that the [Secretary](/usc/7/2702.md?p=a) determines to be reasonable.

## Source credit

(Pub. L. 93–428, § 8, Oct. 1, 1974, 88 Stat. 1174; Pub. L. 96–276, §§ 2–4, June 17, 1980, 94 Stat. 541; Pub. L. 100–575, § 2, Oct. 31, 1988, 102 Stat. 2895; Pub. L. 103–188, §§ 2(a), 3, Dec. 14, 1993, 107 Stat. 2256, 2257.)

## Notes

### Editorial Notes

### Amendments

1993—Subsec. (d). Pub. L. 103–188, § 3, inserted at end “In preparing a budget for each of the 1994 and subsequent fiscal years, the Egg Board shall, to the maximum extent practicable, allocate a proportion of funds for research projects under this chapter that is comparable to the proportion of funds that were allocated for research projects under this chapter in the budget of the Egg Board for fiscal year 1993.”

Subsec. (e). Pub. L. 103–188, § 2(a), designated first and second sentences of existing provisions as par. (1), added par. (2) and struck out third and fourth sentences of existing provisions which read as follows: “For fiscal year 1981, the rate of assessment prescribed by the order shall not exceed 7½ cents per case of commercial eggs or the equivalent thereof. For each fiscal year thereafter, the rate of assessment may be increased by no more than three-quarters of a cent per case of commercial eggs or the equivalent thereof: Provided, That the rate of assessment shall not exceed 10 cents per case of commercial eggs or the equivalent thereof.”, and designated fifth and sixth sentences of existing provisions as par. (3).

1988—Subsec. (j). Pub. L. 100–575 added subsec. (j).

1980—Subsec. (a). Pub. L. 96–276, § 2, substituted “twenty” for “eighteen”.

Subsec. (b). Pub. L. 96–276, § 3, extended membership on the Egg Board to two consumers or representatives of consumers, and their alternates, when approved by egg producers voting in a referendum on an amendment to the order, to be appointed by the Secretary from nominations submitted by eligible organizations or otherwise when necessary to properly represent the interest of consumers, the consumer members to be voting members.

Subsec. (e). Pub. L. 96–276, § 4, substituted rate of assessment provisions prescribing for fiscal year 1981 a rate not exceeding 7½ cents per case of commercial eggs or its equivalent, authorizing increases of three-quarters of a cent per case for each fiscal year thereafter, but limiting maximum rate to 10 cents per case for prior limitation of the rate of assessment to 5 cents per case.