---
kind: "section"
citation: "7 U.S.C. § 2618"
title: "7"
title_heading: "Agriculture"
number: "2618"
heading: "Permissive terms and conditions of plans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/2618"
units:
  - "Chapter 58 — Potato Research and Promotion"
---

# §2618. Permissive terms and conditions of plans


Any plan issued pursuant to this chapter may contain one or more of the following terms and conditions:

- (a) **Exemptions—** Providing authority to exempt from the provisions of the plan [potatoes](/usc/7/2612.md?p=c) used for nonfood uses, and authority for the board to require satisfactory safeguards against improper use of such exemptions.
- (b) **Handler payment and reporting schedules—** Providing for authority to designate different [handler](/usc/7/2612.md?p=d) payment and reporting schedules to recognize differences in marketing practices and procedures utilized in different production areas.
- (c) **Advertisement and sales promotion programs or projects—** Providing for the establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and sales [promotion](/usc/7/2612.md?p=f) of [potatoes](/usc/7/2612.md?p=c) and potato products and for the disbursement of necessary funds for such purposes: Provided, however, That any such program or project shall be directed toward increasing the general demand for [potatoes](/usc/7/2612.md?p=c) and potato products: And provided further, That such promotional activities shall comply with the provisions of [section 2617(f) of this title](/usc/7/2617.md?p=f).
- (d) **Research and development projects and studies for marketing and utilization of potatoes—** Providing for establishing and carrying on research and development projects and studies to the end that the marketing and utilization of [potatoes](/usc/7/2612.md?p=c) may be encouraged, expanded, improved, or made more efficient, and for the disbursement of necessary funds for such purposes.
- (e) **Reserve funds; accumulation; limitation—** Providing for authority to accumulate reserve funds from assessments collected pursuant to this chapter, to permit an effective and continuous coordinated program of research, development, advertising, and [promotion](/usc/7/2612.md?p=f) 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) **Foreign markets; sales development and expansion—** Providing for authority to use funds collected herein, with the approval of the [Secretary](/usc/7/2612.md?p=a), for the development and expansion of potato and potato product sales in foreign [markets](/usc/7/198.md?p=1).
- (g) **Assessment; refund—** Providing that any potato [producer](/usc/7/2612.md?p=e) or [importer](/usc/7/2612.md?p=g) against whose [potatoes](/usc/7/2612.md?p=c) any assessment is made and collected under authority of this chapter and who is not in favor of supporting the research and [promotion](/usc/7/2612.md?p=f) program as provided for under this chapter shall have the right to demand and receive from the board a refund of such assessment. Such demand shall be made personally by such [producer](/usc/7/2612.md?p=e) or [importer](/usc/7/2612.md?p=g) in accordance with regulations and on a form and within a time period prescribed by the board and approved by the [Secretary](/usc/7/2612.md?p=a), but in no event less than 90 days, and upon submission of proof satisfactory to the board that the [producer](/usc/7/2612.md?p=e) or [importer](/usc/7/2612.md?p=g) paid the assessment for which refund is sought, and any such refund shall be made within 60 days after demand therefor.
- (h) **Assessment authority—** Providing for authority to assess imports of tablestock, frozen, or processed [potatoes](/usc/7/2612.md?p=c) for ultimate consumption by humans and seed [potatoes](/usc/7/2612.md?p=c) into the United States.
- (i) **Incidental and necessary terms and conditions—** Terms and conditions incidental to and not inconsistent with the terms and conditions specified in this chapter and necessary to effectuate the other provisions of such plan.

## Source credit

(Pub. L. 91–670, title III, § 309, Jan. 11, 1971, 84 Stat. 2044; Pub. L. 101–624, title XIX, § 1941, Nov. 28, 1990, 104 Stat. 3867.)

## Notes

### Editorial Notes

### Amendments

1990—Subsecs. (g) to (i). Pub. L. 101–624 added subsecs. (g) and (h) and redesignated former subsec. (g) as (i).