quality thereof, which each handler may purchase from handle on behalf of any and all producers thereof during a specified period or periods, under a uniform rule based up the amounts sold by such producers in such prior period the Secretary determines to be representative, or upon the c rent quantities available for sale by such producers, or bo to the end that the total quantity thereof to be purchased, handled during any specified period or periods shall be app tioned equitably among producers.

(C) Allotting, or providing methods for allotting, t amount of any such commodity or product, or any grade, si or quality thereof, which each handler may market in or tra port to any or all markets in the current of interstate or forei commerce or so as directly to burden, obstruct, or affect int state or foreign commerce in such commodity or product the of, under a uniform rule based upon the amounts which ea such handler has available for current shipment, or upon t amounts shipped by each such handler in such prior period the Secretary determines to be representative, or both, to t end that the total quantity of such commodity or product, product, or any grade, size, or quality thereof, to be market in or transported to any or all markets in the current of inte state or foreign commerce or so as directly to burden, obstru or affect interstate or foreign commerce in such commodity product thereof, during any specified period or periods sha be equitably apportioned among all of the handlers there

(D) Determining, or providing methods for determining, t existence and extent of the surplus of any such commodity product, or of any grade, size, or quality thereof, and provi ing for the control and disposition of such surplus, and equa izing the burden of such surplus elimination or control anion the producers and handlers thereof.

(E) Establishing or providing for the establishment of r serve pools of any such commodity or product, or of any grad size, or quality thereof, and providing for the equitable di tribution of the net return derived from the sale thereof amon the persons beneficially interested therein.

(F) Requiring or providing for the requirement of inspectio of any such commodity or product produced during specifie periods and marketed by handlers.

(G) In the case of hops and their products, in addition t or in lieu of, the foregoing terms and conditions, orders ma contain one or more of the following:

(i) Limiting, or providing methods for the limitation o the total quantity thereof, or of any grade, type, or variet thereof, produced during any specified period or period which all handlers may handle in the current of or so directly to burden, obstruct, or affect interstate or foreig commerce in hops or any product thereof.

(ii) Apportioning, or providing methods for apportioning the total quantity of hops of the production of the the current calendar year permitted to be handled equitabl among all producers in the production area to which the orde

applies upon the basis of one or more or a combination of the following: The total quantity of hops available or estimated will become available for market by each producer from his production during such periods; the normal production of the acreage of hops operated by each producer during such period upon the basis of the number of acres of hops in production, and the average yield of that acreage during such period as the Secretary determines to be representative, with adjustments determined by the Secretary to be proper for age of plantings or abnormal conditions affecting yield; such normal production or historical record of any acreage for which data as to yield of hops are not available or which had no yield during such period shall be determined by the Secretary on the basis of the yields of other acreage of hops of similar characteristics as to productivity, subject to adjustment as just provided for.

(iii) Allotting, or providing methods for allotting, the quantity of hops which any handler may handle so that the allotment fixed for that handler shall be limited to the quantity of hops apportioned under preceding section (ii) to each respective producer of hops; such allotment shall constitute an allotment fixed for that handler within the meaning of subsection (5) of section 8a of this title (U.S.C., 1940 edition, title 7, sec. 608a).

(H) Providing a method for fixing the size, capacity, weight, dimensions, or pack of the container, or containers, which may be used in the packaging, transportation, sale, shipment, or handling of any fresh or dried fruits, vegetables, or tree nuts: Provided, however, That no action taken hereunder shall conflict wtih the Standard Containers Act of 1916 (15 U.S.C. 251-256) and the Standard Containers Act of 1928 (15 U.S.C. 257-257i);22

(I) 23 Establishing or providing for the establishment of production research, marketing research and development projects designed to assist, improve, or promote the marketing, distribution, and consumption or efficient production of any such commodity or product, the expense of such projects to be paid from funds collected pursuant to the marketing order: Provided, That with respect to orders applicable to almonds.24 California-grown peaches,25 cherries, papayas,26 carrots, citrus fruits, onions, Tokay grapes, pears,27 dates, plums, nectarines.

Added by section 401 of the Agricultural Act of 1954, 68 Stat. 907. Note, however, at the Standard Containers Acts of 1916 and 1928 were repealed by Pub. L. 90-628. fective 60 days after October 22, 1968.

First sentence of subsection (I) added by sec. 401 of the Agricultural Act of 1954, 3 Stat. 907; proviso added by Section 403 of the Agricultural Act of 1962, 76 Stat. 32, approved September 27, 1962; the words "production research" and "or efficient roduction" were added by Pub. L. 91-292, 84 Stat. 333, approved June 25, 1970.

The word "almonds" was added by Pub. L. 91-522, 84 Stat. 1357, approved Novemer 25, 1970.

25 The words "California-grown peaches" were added by Pub. L. 92-120, 85 Stat. 340, pproved August 13, 1971.

The word "papayas" was added by Pub. L. 91-384, 84 Stat. 827, approved August 18, 970.

The word "fresh" before "pears" was omitted by the provisions of Pub. L. 92-466, 6 Stat. 780, approved October 6, 1972.

celery, sweet corn, limes, olives, pecans, avocados, apples raisins, or tomatoes 28 such projects may provide for any form of marketing promotion including paid advertising and 2 with respect to almonds, raisins,29 and Florida Indian River grapefruit 29b may provide for crediting the pro rata expense assessment obligations of a handler with all or any portion of his direct expenditures for such marketing promotion includ ing paid advertising as may be authorized by the order: Provided, further,30 That the inclusion in a Federal marketing. order of provisions for research and marketing promotion, including paid advertising, shall not be deemed to preclude, preempt or supersede any such provisions in any State program covering the same commodity and when the handling of any commodity for canning or freezing is regulated, then any such projects may also deal with the commodity or its products in canned or frozen form.31

(J) In the case of pears for canning or freezing, any order for a production area encompassing territory within two or more States or portions thereof shall provide that the grade. size, quality, maturity, and inspection regulation under the order applicable to pears grown within any such State or portion thereof may be recommended to the Secretary by the agency established to administer the order only if a majority of the representatives from that State on such agency concur in the recommendation each year.32

TERMS COMMON TO ALL ORDERS

(7) In the case of the agricultural commodities and the products thereof specified in subsection (2) orders shall contain one or more of the following terms and conditions:

(A) Prohibiting unfair methods of competition and unfair trade practices in the handling thereof.

28 The words beginning with "carrots" and ending with "avocados" were added by Pub. L. 89-330, 79 Stat. 1270, approved November 8, 1965. The word "apples" was added by Pub. L. 91-363, 84 Stat. 687, approved July 31, 1970. The word "tomatoes" was added by Pub. L. 91-670, 84 Stat. 2041, approved January 11, 1971. The word "raisins" was added by Sec. 401 of the Emergency Agricultural Act of 1978, P.L. 95-279, 91 Stat. -, May 15, 1978, effective October 1978.

29 The words beginning with "and with respect to almonds," and ending with "authorized by the order,' were added by P.L. 91-522, 84 Stat. 1357, Nov. 25, 1970.

29a The word "raisins" was added by Sec. 401(a) of the Emergency Agricultural Act of 1978, P.L. 95-279, 91 Stat. -, May 15, 1978, effective October 1, 1978. Sec. 401 (b) of that Act also provided for the following report:

(b) Within a period of sixty days following the second anniversary of the implementation of this section, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and to the Committee on Agriculture. Nutrition, and Forestry of the Senate a report that shall describe in detail how this section has been implemented including, but not limited to, information as to the issuance or amendment of any affected order, the annual amount of assessments collected. in the aggregate and by size and class of handler, the manner in which such assessments were collected, the amount of direct expenditures credited against the pro rata expense assessment obligations of each handler, and the purpose to which such assessments and such direct expenditures of each such handler were devoted.

29b The words "and Florida Indian River grapefruit" were added by P.L. 93-230, 87 Stat. 945, Dec. 29, 1973.

30 Second proviso added by P.L. 91-292, 84 Stat. 333, June 25, 1970; and amended by P.L. 91-522, 84 Stat. 1357, Nov. 25, 1970.

31 This proviso was further amended by P.L. 92-466, 86 Stat. 780. October 6. 1972. 32 Subsection (J) was added by P.L. 92-466, 86 Stat. 780, Oct. 6, 1972.

(B) Providing that (except for milk and cream to be sold for consumption in fluid form) such commodity or product thereof, or any grade, size or quality thereof shall be sold by the handlers thereof only at prices filed by such handlers in the manner provided in such order.

(C) Providing for the selection by the Secretary of Agriculture or a method for the selection, of an agency or agencies and defining their powers and duties, which shall include only the powers:

(i) To administer such order in accordance with its terms and provisions;

(ii) To make rules and regulations to effectuate the terms and provisions of such order;

(iii) To receive, investigate, and report to the Secretary of Agriculture complaints of violations of such order; and (iv) To recommend to the Secretary of Agriculture amendments to such order.