--- kind: "section" citation: "7 U.S.C. § 3404" title: "7" title_heading: "Agriculture" number: "3404" heading: "Permissive terms and conditions of orders" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/3404" units: - "Chapter 65 — Wheat and Wheat Foods Research and Nutrition Education" --- # §3404. Permissive terms and conditions of orders Any order issued pursuant to this chapter shall contain one or more of the following terms and conditions, and, except as provided in [section 3405 of this title](/usc/7/3405.md), no others: - (a) **Nutrition education plans—** providing for the establishment, issuance, effectuation, and administration of appropriate plans or projects for [nutrition education](/usc/7/3402.md?p=h), both within the [United States](/usc/7/3402.md?p=m) and in international [markets](/usc/7/198.md?p=1) with respect to [wheat](/usc/7/3402.md?p=a), [processed wheat](/usc/7/3402.md?p=b), and [end products](/usc/7/3402.md?p=c), and for the disbursement of necessary funds for such purposes: Provided, That in carrying out any such plan or project, no reference to a private brand or trade name shall be made if the [Secretary](/usc/7/3402.md?p=k) determines that such reference will result in undue discrimination against [wheat](/usc/7/3402.md?p=a), [processed wheat](/usc/7/3402.md?p=b), and [end products](/usc/7/3402.md?p=c) of other [persons](/usc/7/3402.md?p=l): Provided further, That no such plans or projects shall make use of unfair or deceptive acts or practices in behalf of [wheat](/usc/7/3402.md?p=a), [processed wheat](/usc/7/3402.md?p=b), and [end products](/usc/7/3402.md?p=c) or unfair or deceptive acts or practices with respect to quality, value, or use of any competing product; - (b) **Research and studies—** providing for the establishment and conduct of [research](/usc/7/3402.md?p=g) or studies with respect to sale, distribution, marketing, utilization, or production of [wheat](/usc/7/3402.md?p=a), [processed wheat](/usc/7/3402.md?p=b), and [end products](/usc/7/3402.md?p=c) and the creation of new products thereof to the end that the marketing and utilization of [wheat](/usc/7/3402.md?p=a), [processed wheat](/usc/7/3402.md?p=b), and [end products](/usc/7/3402.md?p=c) may be encouraged, expanded, improved, or made more acceptable, and for the disbursement of necessary funds for such purposes; - (c) **Records and reports; confidential information; penalties—** providing that [processors](/usc/7/3402.md?p=e), distributors of [processed wheat](/usc/7/3402.md?p=b), and [end product manufacturers](/usc/7/3402.md?p=f) shall maintain and make available for inspection by the [Secretary](/usc/7/3402.md?p=k) or the [Council](/usc/7/3402.md?p=i) such books and records as may be required by any order issued pursuant to this title and for the filing of reports by such [persons](/usc/7/3402.md?p=l) at the time, in the manner, and having the content prescribed by the order, to the end that information shall be made available to the [Council](/usc/7/3402.md?p=i) and to the [Secretary](/usc/7/3402.md?p=k) which are appropriate or necessary to the effectuation, administration, or enforcement of this chapter, or of any order or regulation issued pursuant to this chapter: Provided, That all information so obtained shall be kept confidential by all officers and employees of the [Department](/usc/7/3402.md?p=j), the [Council](/usc/7/3402.md?p=i), and by all officers and employees of contracting agencies having access to such information, and only such information so furnished or acquired as the [Secretary](/usc/7/3402.md?p=k) 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](/usc/7/3402.md?p=k), or to which the [Secretary](/usc/7/3402.md?p=k) or any officer of the [United States](/usc/7/3402.md?p=m) is a party, and involving the order with reference to which the information so 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 the number of [persons](/usc/7/3402.md?p=l) subject to an order or statistical data collected therefrom, which statements do not identify the information furnished by any [person](/usc/7/3402.md?p=l), (2) the publication, by direction of the [Secretary](/usc/7/3402.md?p=k), of general statements relating to refunds made by the [Council](/usc/7/3402.md?p=i) during any specific period, or (3) the publication by direction of the [Secretary](/usc/7/3402.md?p=k) of the name of any [person](/usc/7/3402.md?p=l) who has been adjudged to have violated any order, together with a statement of the particular provisions of the order violated by such [person](/usc/7/3402.md?p=l). Any such officer or employee of the [Department](/usc/7/3402.md?p=j), the [Council](/usc/7/3402.md?p=i), or a contracting agency violating the provisions of this clause shall, upon conviction, be subject to a fine of not more than $1,000 or to imprisonment for not more than one year, or both, and if an officer or employee of the [Council](/usc/7/3402.md?p=i) or [Department](/usc/7/3402.md?p=j) shall be removed from office; - (d) **Assessment exemption—** providing for exemption of specified [end products](/usc/7/3402.md?p=c), or types or categories thereof, from the assessments required to be paid under [section 3405 of this title](/usc/7/3405.md) under such conditions and procedures as may be prescribed in the order or rules and regulations issued thereunder; and - (e) **Miscellaneous 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 order. ## Source credit (Pub. L. 95–113, title XVII, § 1705, Sept. 29, 1977, 91 Stat. 1033.) ## Notes ### Statutory Notes and Related Subsidiaries ### Effective Date Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.