---
kind: "section"
citation: "7 U.S.C. § 6104"
title: "7"
title_heading: "Agriculture"
number: "6104"
heading: "Required terms in orders"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/6104"
units:
  - "Chapter 90 — Mushroom Promotion, Research, and Consumer Information"
---

# §6104. Required terms in orders

- (a) **In general—** Each order issued under this chapter shall contain the terms and conditions prescribed in this section.
- (b) **Mushroom Council—**
  - (1) **Establishment and membership of Council—**
    - (A) **Establishment—** The order shall provide for the establishment of, and selection of members to, a Mushroom [Council](/usc/7/6102.md?p=3) that shall consist of at least 4 members and not more than 9 members.
    - (B) **Membership—** Except as provided for in [paragraph (2)](#b-2), the members of the [Council](/usc/7/6102.md?p=3) shall be mushroom [producers](/usc/7/6102.md?p=11) and [importers](/usc/7/6102.md?p=6) appointed by the [Secretary](/usc/7/6102.md?p=14) from nominations submitted by [producers](/usc/7/6102.md?p=11) and [importers](/usc/7/6102.md?p=6) in the manner authorized by the [Secretary](/usc/7/6102.md?p=14), except that no more than one member may be appointed to the [Council](/usc/7/6102.md?p=3) from nominations submitted by any one [producer](/usc/7/6102.md?p=11) or [importer](/usc/7/6102.md?p=6).
  - (2) **Appointments—**
    - (A) **In general—** In making appointments, the [Secretary](/usc/7/6102.md?p=14) shall take into account, to the extent practicable, the geographical distribution of mushroom production throughout the [United States](/usc/7/6102.md?p=15), and the comparative volume of [mushrooms](/usc/7/6102.md?p=9) imported into the [United States](/usc/7/6102.md?p=15).
    - (B) **Units—** In establishing such geographical distribution of mushroom production, a whole [State](/usc/7/6102.md?p=15) shall be considered as a unit and such units shall be organized into 3 regions that shall fairly represent the geographic distribution of mushroom production within the [United States](/usc/7/6102.md?p=15).
    - (C) **Importers—** [Importers](/usc/7/6102.md?p=6) shall be represented as one region, which shall be separate from the regions established for [mushrooms](/usc/7/6102.md?p=9) produced in the [United States](/usc/7/6102.md?p=15).
    - (D) **Members per region—** The [Secretary](/usc/7/6102.md?p=14) shall appoint one member from each region if such region produces or imports, on average, at least 50,000,000 pounds of [mushrooms](/usc/7/6102.md?p=9) annually.
    - (E) **Additional members—** In addition to the members appointed pursuant to [paragraph (1)](#b-1), and subject to the 9-member limit of members on the [Council](/usc/7/6102.md?p=3) provided in that paragraph, the [Secretary](/usc/7/6102.md?p=14) shall appoint additional members to the [council](/usc/7/6102.md?p=3) from a region that attains additional pounds of production as follows:
      - (i) If the annual production of a region is greater than 110,000,000 pounds, but less than or equal to 180,000,000 pounds, the region shall be represented by 1 additional member.
      - (ii) If the annual production of a region is greater than 180,000,000 pounds, but less than or equal to 260,000,000 pounds, the region shall be represented by 2 additional members.
      - (iii) If the annual production of a region is greater than 260,000,000 pounds, the region shall be represented by 3 additional members.
    - (F) **Average annual production—** For purposes of this paragraph, in determining average annual mushroom production in each of the 4 regions of the [United States](/usc/7/6102.md?p=15) established under this paragraph, the [Secretary](/usc/7/6102.md?p=14) shall only consider [mushrooms](/usc/7/6102.md?p=9) produced by [producers](/usc/7/6102.md?p=11) covered by this chapter, as defined in [section 6102(11) of this title](/usc/7/6102.md?p=11).
    - (G) **Failure to nominate—** If [producers](/usc/7/6102.md?p=11) and [importers](/usc/7/6102.md?p=6) fail to nominate individuals for appointment, the [Secretary](/usc/7/6102.md?p=14) may appoint members on a basis provided for in the order.
  - (3) **Terms; compensation—**
    - (A) **Terms—** The term of appointment to the [Council](/usc/7/6102.md?p=3) shall be for 3 years, except that the initial appointments shall to the extent practicable be proportionately for 1-year, 2-year, and 3-year terms.
    - (B) **Compensation—** [Council](/usc/7/6102.md?p=3) members shall serve without compensation but shall be reimbursed for their expenses incurred in performing their duties as members of the [Council](/usc/7/6102.md?p=3).
- (c) **Powers and duties of Council—** The order shall define the powers and duties of the [Council](/usc/7/6102.md?p=3), which shall include the following powers and duties—
  - (1) to administer the order in accordance with its terms and provisions;
  - (2) to make rules and regulations to effectuate the terms and provisions of the order;
  - (3) to appoint members of the [Council](/usc/7/6102.md?p=3) to serve on an executive committee;
  - (4) to propose, receive, evaluate, approve and submit to the [Secretary](/usc/7/6102.md?p=14) for approval under [subsection (d)](#d) budgets, plans, and projects of mushroom [promotion](/usc/7/6102.md?p=12), [research](/usc/7/6102.md?p=13), [consumer information](/usc/7/6102.md?p=2), and [industry information](/usc/7/6102.md?p=7), as well as to contract and enter into agreements with appropriate [persons](/usc/7/6102.md?p=10) to implement such plans or projects;
  - (5) to develop and propose to the [Secretary](/usc/7/6102.md?p=14) voluntary quality and grade standards for [mushrooms](/usc/7/6102.md?p=9);
  - (6) to develop and propose to the [Secretary](/usc/7/6102.md?p=14) programs for good agricultural and good handling practices and related activities for [mushrooms](/usc/7/6102.md?p=9);
  - (7) to receive, investigate, and report to the [Secretary](/usc/7/6102.md?p=14) complaints of violations of the order;
  - (8) to recommend to the [Secretary](/usc/7/6102.md?p=14) amendments to the order; and
  - (9) to invest, pending disbursement under a plan or project, funds collected through assessments authorized under this chapter only in—
    - (A) obligations of the [United States](/usc/7/6102.md?p=15) or any agency thereof;
    - (B) general obligations of any [State](/usc/7/6102.md?p=15) or any political subdivision thereof;
    - (C) any interest-bearing account or certificate of deposit of a [bank](/usc/7/27.md?p=a) that is a member of the Federal Reserve System; or
    - (D) obligations fully guaranteed as to principal and interest by the [United States](/usc/7/6102.md?p=15),

    except that income from any such invested funds may only be used for any purpose for which the invested funds may be used.

- (d) **Plans and budgets—**
  - (1) **Submission to Secretary—** The order shall provide that the [Council](/usc/7/6102.md?p=3) shall submit to the [Secretary](/usc/7/6102.md?p=14) for approval any plan or project of [promotion](/usc/7/6102.md?p=12), [research](/usc/7/6102.md?p=13), [consumer information](/usc/7/6102.md?p=2), or [industry information](/usc/7/6102.md?p=7).
  - (2) **Budgets—** The order shall require the [Council](/usc/7/6102.md?p=3) to submit to the [Secretary](/usc/7/6102.md?p=14) for approval budgets on a fiscal year basis of its anticipated expenses and disbursements in the implementation of the order, including projected costs of [promotion](/usc/7/6102.md?p=12), [research](/usc/7/6102.md?p=13), [consumer information](/usc/7/6102.md?p=2), and [industry information](/usc/7/6102.md?p=7) plans and projects.
  - (3) **Approval by Secretary—** No plan or project of [promotion](/usc/7/6102.md?p=12), [research](/usc/7/6102.md?p=13), [consumer information](/usc/7/6102.md?p=2), or [industry information](/usc/7/6102.md?p=7), or budget, shall be implemented prior to its approval by the [Secretary](/usc/7/6102.md?p=14).
- (e) **Contracts and agreements—**
  - (1) **In general—** To ensure efficient use of funds, the order shall provide that the [Council](/usc/7/6102.md?p=3) may enter into contracts or agreements for the implementation and carrying out of plans or projects of mushroom [promotion](/usc/7/6102.md?p=12), [research](/usc/7/6102.md?p=13), [consumer information](/usc/7/6102.md?p=2), or [industry information](/usc/7/6102.md?p=7), including contracts with [producer](/usc/7/6102.md?p=11) organizations, and for the payment of the cost thereof with funds received by the [Council](/usc/7/6102.md?p=3) under the order.
  - (2) **Requirements—** Any such contract or agreement shall provide that—
    - (A) the contracting party shall develop and submit to the [Council](/usc/7/6102.md?p=3) a plan or project together with a budget or budgets that shall show estimated costs to be incurred for such plan or project;
    - (B) the plan or project shall become effective on the approval of the [Secretary](/usc/7/6102.md?p=14); and
    - (C) the contracting party shall keep accurate records of all of its transactions, account for funds received and expended, make periodic reports to the [Council](/usc/7/6102.md?p=3) of activities conducted, and make such other reports as the [Council](/usc/7/6102.md?p=3) or the [Secretary](/usc/7/6102.md?p=14) may require.
  - (3) **Producer organizations—** The order shall provide that the [Council](/usc/7/6102.md?p=3) may contract with [producer](/usc/7/6102.md?p=11) organizations for any other services. Any such contract shall include provisions comparable to those provided in subparagraphs [(A)](#e-2-A), [(B)](#e-2-B), and [(C)](#e-2-C) of paragraph (2).
- (f) **Books and records of Council—**
  - (1) **In general—** The order shall require the [Council](/usc/7/6102.md?p=3) to—
    - (A) maintain such books and records (which shall be available to the [Secretary](/usc/7/6102.md?p=14) for inspection and audit) as the [Secretary](/usc/7/6102.md?p=14) may prescribe;
    - (B) prepare and submit to the [Secretary](/usc/7/6102.md?p=14), from time to time, such reports as the [Secretary](/usc/7/6102.md?p=14) may prescribe; and
    - (C) account for the receipt and disbursement of all funds entrusted to the [Council](/usc/7/6102.md?p=3).
  - (2) **Audits—** The [Council](/usc/7/6102.md?p=3) shall cause its books and records to be audited by an independent auditor at the end of each fiscal year, and a report of such audit to be submitted to the [Secretary](/usc/7/6102.md?p=14).
- (g) **Assessments—**
  - (1) **Collection and payment—**
    - (A) **In general—** The order shall provide that each [first handler](/usc/7/6102.md?p=5) of [mushrooms](/usc/7/6102.md?p=9) for the domestic fresh [market](/usc/7/198.md?p=1) produced in the [United States](/usc/7/6102.md?p=15) shall collect, in the manner prescribed by the order, assessments from [producers](/usc/7/6102.md?p=11) and remit the assessments to the [Council](/usc/7/6102.md?p=3).
    - (B) **Importers—** The order also shall provide that each [importer](/usc/7/6102.md?p=6) of [mushrooms](/usc/7/6102.md?p=9) for the domestic fresh [market](/usc/7/198.md?p=1) shall pay assessments to the [Council](/usc/7/6102.md?p=3) in the manner prescribed by the order.
    - (C) **Direct marketing—** Any [person](/usc/7/6102.md?p=10) [marketing](/usc/7/6102.md?p=8) [mushrooms](/usc/7/6102.md?p=9) of that [person](/usc/7/6102.md?p=10)’s own production directly to consumers shall remit the assessments on such [mushrooms](/usc/7/6102.md?p=9) directly to the [Council](/usc/7/6102.md?p=3) in the manner prescribed in the order.
  - (2) **Rate of assessment—** The rate of assessment shall be determined and announced by the [Council](/usc/7/6102.md?p=3) and may be changed by the [Council](/usc/7/6102.md?p=3) at any time. The order shall provide that the rate of assessment—
    - (A) for the first year of the order, may not exceed one-quarter cent per pound of [mushrooms](/usc/7/6102.md?p=9);
    - (B) for the second year of the order, may not exceed one-third cent per pound of [mushrooms](/usc/7/6102.md?p=9);
    - (C) for the third year of the order, may not exceed one-half cent per pound of [mushrooms](/usc/7/6102.md?p=9); and
    - (D) for the following years of the order, may not exceed one cent per pound of [mushrooms](/usc/7/6102.md?p=9).
  - (3) **Use of assessments—** The order shall provide that the assessments shall be used for payment of the expenses in implementing and administering this chapter, with provision for a reasonable reserve, and to cover those administrative costs incurred by the [Secretary](/usc/7/6102.md?p=14) in implementing and administering this chapter, except for the salaries of Government employees incurred in conducting referenda.
  - (4) **Limitation on collection—** No assessment may be collected on [mushrooms](/usc/7/6102.md?p=9) that a [first handler](/usc/7/6102.md?p=5) certifies will be exported as [mushrooms](/usc/7/6102.md?p=9).
- (h) **Prohibition—** The order shall prohibit any funds received by the [Council](/usc/7/6102.md?p=3) under the order from being used in any manner for the purpose of influencing legislation or governmental action or policy, except that such funds may be used by the [Council](/usc/7/6102.md?p=3) for the development and recommendation to the [Secretary](/usc/7/6102.md?p=14) of amendments to the order as prescribed in this chapter and for the submission to the [Secretary](/usc/7/6102.md?p=14) of recommended voluntary grade and quality standards for [mushrooms](/usc/7/6102.md?p=9) under the Agricultural Marketing Act of 1946 ([7 U.S.C. 1621](/usc/7/1621.md) et seq.).
- (i) **Books and records—**
  - (1) **In general—** The order shall require that each [first handler](/usc/7/6102.md?p=5) and [importer](/usc/7/6102.md?p=6) of [mushrooms](/usc/7/6102.md?p=9) maintain, and make available for inspection, such books and records as may be required by the order and file reports at the time, in the manner, and having the content prescribed by the order.
  - (2) **Availability to Secretary—** Such information shall be made available to the [Secretary](/usc/7/6102.md?p=14) as is appropriate for the administration or enforcement of this chapter, the order, or any regulation issued under this chapter.
  - (3) **Confidentiality—**
    - (A) **In general—** Except as otherwise provided in this chapter, all information obtained under [paragraph (1)](#i-1) shall be kept confidential by all officers and employees of the [Department](/usc/7/6102.md?p=4) and the [Council](/usc/7/6102.md?p=3), and agents of the [Council](/usc/7/6102.md?p=3), and only such information so obtained as the [Secretary](/usc/7/6102.md?p=14) considers relevant may be disclosed to the public by them and then only in a suit or administrative hearing brought at the request of the [Secretary](/usc/7/6102.md?p=14), or to which the [Secretary](/usc/7/6102.md?p=14) or any officer of the [United States](/usc/7/6102.md?p=15) is a party, and involving the order.
    - (B) **Limitations—** Nothing in this paragraph may be construed to prohibit—
      - (i) the issuance of general statements, based on the reports, of the number of [persons](/usc/7/6102.md?p=10) subject to the order or statistical data collected therefrom, which statements do not identify the information furnished by any [person](/usc/7/6102.md?p=10); or
      - (ii) the publication, by direction of the [Secretary](/usc/7/6102.md?p=14), of the name of any [person](/usc/7/6102.md?p=10) violating the order, together with a statement of the particular provisions of the order violated by such [person](/usc/7/6102.md?p=10).
  - (4) **Availability of information—**
    - (A) **In general—** Except as otherwise provided in this chapter, information obtained under this chapter may be made available to another agency of the Federal Government for a civil or criminal law enforcement activity if the activity is authorized by law and if the head of the agency has made a written request to the [Secretary](/usc/7/6102.md?p=14) specifying the particular information desired and the law enforcement activity for which the information is sought.
    - (B) **Penalty—** Any [person](/usc/7/6102.md?p=10) knowingly violating this subsection, on conviction, shall be subject to a fine of not more than $1,000 or to imprisonment for not more than 1 year, or both, and if an officer or employee of the [Council](/usc/7/6102.md?p=3) or the [Department](/usc/7/6102.md?p=4), shall be removed from office.
  - (5) **Withholding information—** Nothing in this chapter shall be construed to authorize the withholding of information from Congress.
- (j) **Other terms and conditions—** The order also shall contain such terms and conditions, not inconsistent with this chapter, as are necessary to effectuate this chapter, including provisions for the assessment of a penalty for each late payment of assessments under [subsection (g)](#g).

## Source credit

(Pub. L. 101–624, title XIX, § 1925, Nov. 28, 1990, 104 Stat. 3857; Pub. L. 102–237, title VIII, § 803(1), Dec. 13, 1991, 105 Stat. 1882; Pub. L. 110–234, title X, § 10104, May 22, 2008, 122 Stat. 1336; Pub. L. 110–246, § 4(a), title X, § 10104, June 18, 2008, 122 Stat. 1664, 2097.)

## Notes

### Editorial Notes

### References in Text

The Agricultural Marketing Act of 1946, referred to in subsec. (h), is title II of act Aug. 14, 1946, ch. 966, 60 Stat. 1087, which is classified generally to chapter 38 (§ 1621 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1621 of this title and Tables.

### Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

### Amendments

2008—Subsec. (b)(2)(B). Pub. L. 110–246, § 10104(a)(1), substituted “3 regions” for “4 regions”.

Subsec. (b)(2)(D). Pub. L. 110–246, § 10104(a)(2), substituted “50,000,000 pounds” for “35,000,000 pounds”.

Subsec. (b)(2)(E). Pub. L. 110–246, § 10104(a)(3), added subpar. (E) and struck out former subpar. (E). Prior to amendment, text read as follows: “Subject to the nine-member limit on the number of members on the Council provided in paragraph (1), the Secretary shall appoint an additional member to the Council from a region for each additional 50,000,000 pounds of production or imports per year, on average, within the region.”

Subsec. (c)(6) to (9). Pub. L. 110–246, § 10104(b), added par. (6) and redesignated former pars. (6) to (8) as (7) to (9), respectively.

1991—Subsec. (h). Pub. L. 102–237 substituted “governmental” for “government”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.