Page:United States Statutes at Large Volume 91.djvu/1069

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PUBLIC LAW 95-000—MMMM. DD, 1977

PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 1035

and consumers on the Council shall be equal: Provided, That in making such appointments, the Secretary shall take into account, to the extent practicable, the geographical distribution of wheat producers, processors, end product manufacturers, and consumers throughout the United States; (c) that the Council shall, subject to the provisions of clause Research and (g) of this section, develop and submit to the Secretary for nutrition approval any research plans or projects and nutrition education education plans. plans or projects resulting from research, and that any such plan or project must be approved by the Secretary before becoming effective; (d) that the Council shall, subject to the provisions of clause Budgets, (g) of this section, submit to the Secretary for approval budgets submittal to Secretary of on a fiscal period basis of its anticipated expenses and disburse- Agriculture. ments in the administraton of the order, including probable costs of research and nutrition education projects;. (e) that, except as provided in sections 1705(d) and 1707 of End product this title, each end product manufacturer shall pay to the Coun- manufacturers, cil, pursuant to regulations issued under the order, an assess- processed wheat ment based on the number of hundredweights of processed wheat assessment. purchased, including intra-company transfers of processed wheat, for use in the manufacture of end products, from processors, distributors, or (in the case of intra-company transfers) related companies or divisions of the same company. Such assessment shall be used for such expenses and expenditures defined above, including provisions for a reasonable reserve, and any referendum and administrative costs incurred by the Secretary and the Council under this title, as the Secretary finds are reasonable and likely to be incurred under the order during any period specified by the Secretary. The circumstances under which such a purchase or intra-company transfer will be deemed to have occurred will be prescribed by the Secretary in the order. Such assessment shall be calculated and set aside on the books and records of the end product manufacturer at the time of each purchase or intra-company transfer of processed wheat, and shall be remitted to the Council in the manner prescribed by the order. In order to enable end product manufacturers to calculate the amount of processed wheat they have purchased, persons selling or transferring processed wheat in combination with other ingredients to such end product manufacturers for use in the manufacture of end products, shall disclose to such end product manufacturers, as prescribed by the Secretary in the order, the amount or proportion of processed wheat contained in such products. The rate of assess- Assessment, ral;e ment shall not exceed five cents per hundredweight of processed limitation. wheat purchased or transferred. The Secretary may maintain Jurisdiction. a suit against any person subject to such assessment for the collection of such assessment, and the several district courts of the United States are hereby vested with jurisdiction to entertain such suits regardless of the amount in controversy; (f) that the Council shall maintain such books and records, Record which shall be available to the Secretary for inspection and audit, maintenance. and prepare and submit such reports from time to time, to the Secretary as the Secretary may prescribe, and for appropriate accounting by the Council, with respect to the receipt and disbursement of all funds entrusted to it; (g) that the Council, with the approval of the Secretary, may Contracts. enter into contracts or agreements for the development and con-