7 U.S.C. § 2101 — Congressional declaration of policy

Page 1396 TITLE 7—AGRICULTURE § 2101 Section 2050b, Pub. L. 88–582, § 13, as added Pub. L. 93–518, § 14(a), Dec. 7, 1974, 88 Stat. 1658, provided for dis- crimination prohibition, limitations, investigations, appropriate civil relief, and back pay or damages. Section 2050c, Pub. L. 88–582, § 14, as added Pub. L. 93–518, § 14(a), Dec. 7, 1974, 88 Stat. 1658, related to rec- ordkeeping. Section 2051, Pub. L. 88–582, § 15, formerly § 12, Sept. 7, 1964, 78 Stat. 924, renumbered Pub. L. 93–518, § 14(a), Dec. 7, 1974, 88 Stat. 1657, required compliance with State laws and regulations. Section 2052, Pub. L. 88–582, § 16, formerly § 13, Sept. 7, 1964, 78 Stat. 924, renumbered Pub. L. 93–518, § 14(a), Dec. 7, 1974, 88 Stat. 1657, provided for separability of provi- sions. Section 2053, Pub. L. 88–582, § 17, formerly § 14, Sept. 7, 1964, 78 Stat. 924, renumbered and amended Pub. L. 93–518, §§ 14(a), 16, Dec. 7, 1974, 88 Stat. 1657, 1659, author- ized issuance of rules and regulations. Section 2054, Pub. L. 88–582, § 18, as added Pub. L. 93–518, § 15, Dec. 7, 1974, 88 Stat. 1658, related to waiver of rights. Section 2055, Pub. L. 88–582, § 19, as added Pub. L. 93–518, § 15, Dec. 7, 1974, 88 Stat. 1659, provided for au- thorization of appropriations. Editorial Notes Subject matter of former sections 2041 to 2055 of this title is covered by Migrant and Seasonal Agricultural Worker Protection Act, chapter 20 (sections 1801 et seq.) of Title 29, Labor, as follows: Former Sections Title 29 Sections 2041 ......................................... 1801 2042(a) ..................................... 1802(9) 2042(b) ..................................... 1802(7) 2042(b)(1) ................................. 1803(a)((3)(C) 2042(b)(2) ................................. 1803(a)(1) 2042(b)(3) ................................. 1803(a)(3)(I) 2042(b)(4) ................................. 1803(a)(3)(D) 2042(b)(5) ................................. 1802(8)(B)(ii), (10)(B)(iii) 2042(b)(6) ................................. 1812 open. par. 2042(b)(7) ................................. 1803(a)(3)(A), (I) 2042(b)(8), (9) ........................... 1803(a)(3)(E), (F) 2042(b)10) ................................. 1803(a)(3)(G)(i) 2042(c) ..................................... 1802(7) 2042(d), (e), (f) ......................... 1802(3), (11), (12) 2042(g) ..................................... 1802(8)(A) 2043(a) ..................................... 1811(a), (c) 2043(b) ..................................... See 1811(b) 2043(c) ..................................... 1842 2043(d) ..................................... 1811(d) 2044(a)(1) ................................. 1812(1) 2044(a)(2) ................................. See 1841(b)(1)(C), (3), (c)(2) 2044(a)(3) ................................. 1812(4) 2044(a)(4) ................................. 1812(2), (3) 2044(a)(5) ................................. 1812(5) 2044(b)(1) ................................. 1813(a)(1) 2044(b)(2) ................................. 1821(f), 1831(e) 2044(b)(3), (4) ........................... 1822(c), 1832(c) 2044(b)(4) ................................. 1822(c), 1832(c) 2044(b)(5) ................................. See 1841(b)(1)(C), (3), (c)(2) 2044(b)(6) ................................. 1816(a) 2044(b)(7) ................................. 1813(a)(5) 2044(b)(8) ................................. 1841(b)(2)(C), (D), (3) 2044(b)(9) ................................. See 1811(b) 2044(b)(10) ................................ 1813(a)(3) 2044(b)(11) ................................ 1813(a)(2) 2044(b)(12) ................................ See 1812(2), (3) 2044(c) ..................................... 1814(a), (b)(1) 2044(d) ..................................... 1812(2), (3), 1815(1), 1842 2045(a) ..................................... 1811(c), (d) 2045(b) ..................................... 1821(a), (g), 1831(a), (f) 2045(b)(1) ................................. 1821(a)(1), 1831(a)(1)(A) 2045(b)(2) ................................. 1821(a)(3), 1831(a)(1)(C) 2045(b)(3) ................................. 1821(a)(5), 1831(a)(1)(E) 2045(b)(4) ................................. 1821(a)(2), 1831(a)(1)(B) 2045(b)(5) ................................. 1821(a)(5), 1831(a)(1)(E) 2045(b)(6) ................................. 1821(a)(4), 1831(a)(1)(D) 2045(b)(7) ................................. 1821(a)(6), 1831(a)(1)(F) 2045(b)(8) ................................. 1821(a)(7), 1831(a)(1)(G) 2045(c) ..................................... 1821(b), 1831(b) 2045(d) ..................................... 1821(c) 2045(e) ..................................... 1821(d), (e), (g), 1831(c), (d), (f) 2045(f) ...................................... 1816(a) 2045(g) ..................................... 1822(a), 1832(a) 2045(h) ..................................... 1822(b), 1832(b) 2046 ......................................... 1862(a), (b) 2047 ......................................... 1863(a) 2048(a) ..................................... 1851(a) 2048(b)(1), (2) ........................... 1853(a)(1), (b)(1) 2048(b)(3)–(5) ............................ 1853(c)–(e) 2048(c) ..................................... 1851(b) Former Sections Title 29 Sections 2049 ......................................... See 1861 2050 ......................................... 1813(c) 2050a(a) ................................... 1854(a) 2050a(b) ................................... 1854(b), (c)(1), (3) 2050a(c) ................................... 1852(a) 2050a(d) ................................... 1852(b) 2050b ....................................... 1855 2050c ........................................ See 1821, 1831 2051 ......................................... 1871 2052 ......................................... Omitted 2053 ......................................... 1861 2054 ......................................... 1856 2055 ......................................... Omitted Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 90 days from Jan. 14, 1983, see section 524 of Pub. L. 97–470, set out as an Effective Date note under section 1801 of Title 29, Labor. EFFECTIVE DATE Pub. L. 97–470, title V, § 523, Jan. 14, 1983, 96 Stat. 2600, repealed Pub. L. 88–582, § 15, Sept. 7, 1964, 78 Stat. 924, which had prescribed Jan. 1, 1965, as the effective date for this chapter. SHORT TITLE OF 1974 AMENDMENT Pub. L. 93–518, § 1(a), Dec. 7, 1974, 88 Stat. 1652, which had enacted sections 2050a to 2050c, 2054, and 2055 and amended sections 2041 to 2046, 2048, and 2053 of this title, had provided for citation of such amendments as the ‘‘Farm Labor Contractor Registration Act Amend- ments of 1974’’. SHORT TITLE Pub. L. 97–470, title V, § 523, Jan. 14, 1983, 96 Stat. 2600, repealed Pub. L. 88–582, § 1, Sept. 7, 1964, 78 Stat. 920, which had provided for citation of this chapter as the ‘‘Farm Labor Contractor Registration Act of 1963’’. CHAPTER 53—COTTON RESEARCH AND PROMOTION Sec. 2101. Congressional declaration of policy. 2102. Orders of Secretary to cotton handlers. 2103. Notice and hearing upon proposed orders. 2104. Finding and issuance of orders. 2105. Permissive terms and conditions in orders. 2106. Required terms and conditions in orders. 2107. Referenda. 2108. Suspension and termination of orders. 2109. Provisions applicable to amendments. 2110. Refund of producer assessments. 2111. Administrative review of orders; petition; hearing; judicial review. 2112. Enforcement of orders; penalty for willful violation. 2113. Certification of cotton producer organiza- tions. 2114. Rules and regulations. 2115. Investigations by Secretary; subpenas; oaths and affirmations; judicial aid. 2116. Definitions. 2117. Separability. 2118. Authorization of appropriations. 2119. Repealed. 2120. Cotton; investigation of new uses; coopera- tion with State and other agencies. 2121. Cotton ginning investigations; publication of results; cooperation with Federal and State departments and agencies. 2122. Authorization of appropriations for cotton ginning studies. § 2101. Congressional declaration of policy Cotton is the basic natural fiber of the Nation. It is produced by many individual cottongrowers Page 1397 TITLE 7—AGRICULTURE § 2101 throughout the various cotton-producing States of the Nation and also outside the United States. Cotton moves in the channels of inter- state and foreign commerce and such cotton which does not move in such channels directly burdens or affects interstate commerce in cot- ton and cotton products. The efficient produc- tion of cotton and the maintenance and expan- sion of existing markets and the development of new or improved markets and uses is vital to the welfare of cottongrowers and those concerned with marketing, using, and processing cotton as well as the general economy of the Nation. The great inroads on the market and uses for cotton which have been made by manmade fibers have been largely the result of extensive research and promotion which have not been effectively matched by cotton research and promotion. The production and marketing of cotton by numer- ous individual farmers have prevented the devel- opment and carrying out of adequate and coordi- nated programs of research and promotion nec- essary to the maintenance and improvement of the competitive position of, and markets for, cotton. Without an effective and coordinated method for assuring cooperative and collective action in providing for, and financing such pro- grams, individual cotton farmers are unable ade- quately to provide or obtain the research and promotion necessary to maintain and improve markets for cotton. It has long been found to be in the public in- terest to have, or endeavor to have, a reasonable balance between the supply of and demand for cotton grown in this country. To serve this pub- lic interest the Congress has provided for the comprehensive exercise of regulatory authority in regulating the handling of such cotton sup- plemented by price-support programs with the objective of adjusting supply to demand in the interest of benefiting producers and all others concerned with the production and handling of cotton as well as the general economy of the country. In order for the objective of such pro- grams to be effectuated to the fullest degree, it is necessary that the existing regulation of mar- keting be supplemented by providing as part of the overall governmental program for effec- tuating this objective, means of increasing the demand for cotton with the view of eventually reducing or eliminating the need for limiting marketings and supporting the price of cotton. It is therefore declared to be the policy of the Congress and the purpose of this chapter that it is essential in the public interest through the exercise of the powers provided herein, to au- thorize and enable the establishment of an or- derly procedure for the development, financing through adequate assessments on all cotton marketed in the United States and on imports of cotton, and carrying out an effective and contin- uous coordinated program of research and pro- motion designed to strengthen cotton’s competi- tive position and to maintain and expand domes- tic and foreign markets and uses for United States cotton. (Pub. L. 89–502, § 2, July 13, 1966, 80 Stat. 279; Pub. L. 101–624, title XIX, § 1991, Nov. 28, 1990, 104 Stat. 3909.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–624, in first undesignated par., in- serted ‘‘and also outside the United States’’, struck out ‘‘in large part’’ before ‘‘in the channels of interstate’’, ‘‘All cotton produced in the United States is in the cur- rent of interstate or foreign commerce or directly bur- dens, obstructs, or affects interstate or foreign com- merce in cotton and cotton products.’’ before ‘‘The effi- cient production’’, and ‘‘In the years since World War II, United States cotton and the products thereof have been confronted with intensive competition, both at home and abroad, from foreign-grown cotton and from other fibers, primarily manmade fibers.’’ after ‘‘econ- omy of the Nation.’’, and substituted ‘‘The great in- roads on the market and uses for’’ for ‘‘The great in- roads on the market and uses for United States’’ and, in third undesignated par., substituted ‘‘marketed’’ for ‘‘harvested’’ and inserted ‘‘and on imports of cotton’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 89–502, § 20, July 13, 1966, 80 Stat. 287, provided that: ‘‘This Act [enacting this chapter] shall take effect upon enactment [July 13, 1966]’’. SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–624, title XIX, § 1990, Nov. 28, 1990, 104 Stat. 3909, provided that: ‘‘This subtitle [subtitle G (§§ 1990–1998) of title XIX of Pub. L. 101–624, amending this section and sections 2106 to 2110 and 2116 of this title, and enacting provisions set out below] may be cited as the ‘Cotton Research and Promotion Act Amendments of 1990’.’’ SHORT TITLE Pub. L. 89–502, § 1, July 13, 1966, 80 Stat. 279, provided: ‘‘That this Act [enacting this chapter] shall be known as the ‘Cotton Research and Promotion Act’.’’ PIMA AGRICULTURE COTTON TRUST FUND Pub. L. 113–79, title XII, § 12314, Feb. 7, 2014, 128 Stat. 993, as amended by Pub. L. 115–334, title XII, § 12602, Dec. 20, 2018, 132 Stat. 5004; Pub. L. 118–22, div. B, title I, § 102(d)(8)(A), Nov. 17, 2023, 137 Stat. 118, provided that: ‘‘(a) ESTABLISHMENT OF TRUST FUND.—There is estab- lished in the Treasury of the United States a trust fund to be known as the ‘Pima Agriculture Cotton Trust Fund’ (in this section referred to as the ‘Trust Fund’), consisting of such amounts as may be transferred to the Trust Fund pursuant to subsection (h), and to be used for the purpose of reducing the injury to domestic manufacturers resulting from tariffs on cotton fabric that are higher than tariffs on certain apparel articles made of cotton fabric. ‘‘(b) DISTRIBUTION OF FUNDS.—From amounts in the Trust Fund, the Secretary [of Agriculture] shall make payments annually beginning in calendar year 2014 for calendar years 2014 through 2024 as follows: ‘‘(1) Twenty-five percent of the amounts in the Trust Fund shall be paid to one or more nationally recognized associations established for the promotion of pima cotton for use in textile and apparel goods. ‘‘(2)(A) Except as provided in subparagraph (B), twenty-five percent of the amounts in the Trust Fund shall be paid to yarn spinners of pima cotton that produce ring spun cotton yarns in the United States, to be allocated to each spinner in an amount that bears the same ratio as— ‘‘(i) the spinner’s production of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number) from pima cotton in single and plied form during the prior calendar year (as evi- denced by an affidavit provided by the spinner that meets the requirements of subsection (c)), bears to— Page 1398 TITLE 7—AGRICULTURE § 2101 ‘‘(ii) the production of the yarns described in clause (i) during the prior calendar year for all spinners who qualify under this paragraph. ‘‘(B)(i) A yarn spinner shall not receive an amount under subparagraph (A) that exceeds the cost of pima cotton that— ‘‘(I) was purchased during the prior calendar year; and ‘‘(II) was used in spinning any cotton yarns. ‘‘(ii) The Secretary shall reallocate any amounts reduced by reason of the limitation under clause (i) to spinners using the ratio described in subparagraph (A), disregarding production of any spinner subject to that limitation. ‘‘(3) Fifty percent of the amounts in the Trust Fund shall be paid to manufacturers who cut and sew cot- ton shirts in the United States who certify that they used imported cotton fabric during the prior calendar year, to be allocated to each such manufacturer in an amount that bears the same ratio as— ‘‘(A) the dollar value (excluding duty, shipping, and related costs) of imported woven cotton shirt- ing fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during the prior calendar year (as evidenced by an affidavit provided by the manufacturer that meets the requirements of subsection (d)) used in the manufacturing of men’s and boys’ cotton shirts, bears to— ‘‘(B) the dollar value (excluding duty, shipping, and related costs) of the fabric described in sub- paragraph (A) purchased during the prior calendar year by all manufacturers who qualify under this paragraph. ‘‘(c) AFFIDAVIT OF YARN SPINNERS.—The affidavit re- quired by subsection (b)(2)(A)(i) is a notarized affidavit provided annually by an officer of a producer of ring spun yarns that affirms— ‘‘(1) that the producer used pima cotton during the year in which the affidavit is filed and during the prior calendar year to produce ring spun cotton yarns in the United States, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form; ‘‘(2) the quantity, measured in pounds, of ring spun cotton yarns, measuring less than 83.33 decitex (ex- ceeding 120 metric number), in single and plied form during the prior calendar year; ‘‘(3) that the producer maintains supporting docu- mentation showing the quantity of such yarns pro- duced, and evidencing the yarns as ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during the prior calendar year; and ‘‘(4) the dollar amount of pima cotton purchased during the prior calendar year— ‘‘(A) that was used in spinning any cotton yarns; and ‘‘(B) for which the producer maintains supporting documentation. ‘‘(d) AFFIDAVIT OF SHIRTING MANUFACTURERS.— ‘‘(1) IN GENERAL.—The affidavit required by sub- section (b)(3)(A) is a notarized affidavit provided an- nually by an officer of a manufacturer of men’s and boys’ shirts that affirms— ‘‘(A) that the manufacturer used imported cotton fabric during the year in which the affidavit is filed and during the prior calendar year, to cut and sew men’s and boys’ woven cotton shirts in the United States; ‘‘(B) the dollar value of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during the prior calendar year; ‘‘(C) that the manufacturer maintains invoices along with other supporting documentation (such as price lists and other technical descriptions of the fabric qualities) showing the dollar value of such fabric purchased, the date of purchase, and evidenc- ing the fabric as woven cotton fabric of 80s or high- er count and 2-ply in warp; and ‘‘(D) that the fabric was suitable for use in the manufacturing of men’s and boys’ cotton shirts. ‘‘(2) DATE OF PURCHASE.—For purposes of the affi- davit under paragraph (1), the date of purchase shall be the invoice date, and the dollar value shall be de- termined excluding duty, shipping, and related costs. ‘‘(e) FILING DEADLINE FOR AFFIDAVITS.—Any person required to provide an affidavit under this section shall file the affidavit with the Secretary [of Agriculture] or as directed by the Secretary not later than March 15 of the applicable calendar year. ‘‘(f) TIMING OF DISTRIBUTIONS.—The Secretary shall make a payment under paragraph (2) or (3) of sub- section (b) not later than the date that is 30 days after the filing of the affidavit required with respect to that payment. ‘‘(g) MEMORANDUM OF UNDERSTANDING.—The Sec- retary [of Agriculture] and the Commissioner respon- sible for U.S. Customs and Border Protection shall, as soon as practicable after the date of the enactment of this Act [Feb. 7, 2014], negotiate a memorandum of un- derstanding to establish procedures pursuant to which the Commissioner will assist the Secretary in carrying out the provisions of this section. ‘‘(h) FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Trust Fund $16,000,000 for each of calendar years 2014 through 2024, to remain available until expended.’’ REPORTS ON IMPLEMENTATION AND ENFORCEMENT OF COTTON RESEARCH AND PROMOTION PROGRAM Pub. L. 101–624, title XIX, § 1998, Nov. 28, 1990, 104 Stat. 3913, as amended by Pub. L. 102–237, title VIII, § 808(b), Dec. 13, 1991, 105 Stat. 1883, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date on which imports are subject to assessments under this subtitle [subtitle G of title XIX of Pub. L. 101–624, see Short Title of 1990 Amendment note above]— ‘‘(1) the Secretary of Agriculture shall prepare a re- port concerning the implementation and enforcement of the cotton research and promotion program, and any problems that may have arisen in the implemen- tation and enforcement of such program; and ‘‘(2) the Customs Service shall, if on such date it has any role in the implementation or enforcement of such assessments, prepare a report concerning such implementation and enforcement as it relates to im- ports. ‘‘(b) COMPTROLLER GENERAL REPORT.—Not prior to the date that occurs 3 years after the date on which im- ports are subject to assessments under this subtitle, the Comptroller General shall prepare a report con- cerning the administration of the cotton research and promotion program as it relates to such imports. Such report shall be submitted not later than 6 months after such date, and include an analysis of— ‘‘(1) the growth in the United States market for cotton and cotton products, with particular attention provided to the period of time subsequent to the im- position of assessments on such imports; ‘‘(2) the extent to which import restrictions, such as quotas, on imports of cotton and cotton-con- taining products have permitted or prevented import- ers from benefiting from any such growth in the United States market; and ‘‘(3) the relevant United States international obli- gations applicable under trade agreements that re- late to the assessments on imports of cotton and cot- ton products under this subtitle. ‘‘(c) SUBMISSION.—The reports required under sub- sections (a) and (b) shall be submitted to the Com- mittee on Agriculture and the Committee on Ways and Means of the House of Representatives, and the Com- mittee on Agriculture, Nutrition, and Forestry and the Committee on Finance of the Senate not later than the applicable dates referred to in such subsections. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such funds as may be necessary to carry out this section.’’ Page 1399 TITLE 7—AGRICULTURE § 2106 § 2102. Orders of Secretary to cotton handlers To effectuate the declared policy of this chap- ter, the Secretary shall, subject to the provi- sions of this chapter, issue and from time to time amend, orders applicable to persons en- gaged in the harvesting, marketing, ginning, or other handling of cotton, hereinafter referred to as handlers. Such orders shall be applicable to all production or marketing areas, or both, in the United States. (Pub. L. 89–502, § 3, July 13, 1966, 80 Stat. 280.) § 2103. Notice and hearing upon proposed orders Whenever the Secretary has reason to believe that the issuance of an order will tend to effec- tuate the declared policy of this chapter, he shall give due notice and opportunity for a hear- ing upon a proposed order. Such hearing may be requested and a proposal for an order submitted by any cotton producer organization certified pursuant to section 2113 of this title or by any other interested person or persons, including the Secretary. (Pub. L. 89–502, § 4, July 13, 1966, 80 Stat. 280.) § 2104. Finding and issuance of orders After notice and opportunity for hearing as provided in section 2103 of this title, the Sec- retary shall issue an order if he finds, and sets forth in such order, upon the evidence intro- duced at such hearing, that the issuance of such order and all the terms and conditions thereof will tend to effectuate the declared policy of this chapter. (Pub. L. 89–502, § 5, July 13, 1966, 80 Stat. 280.) § 2105. Permissive terms and conditions in orders Orders issued pursuant to this chapter shall contain one or more of the following terms and conditions, and except as provided in section 2106 of this title, no others. (a) Providing for the establishment, issuance, effectuation, and administration of appropriate plans or projects for the advertising and sales promotion of cotton and its products and for the disbursement of necessary funds for such pur- poses: Provided, however, That any such plan or project shall be directed toward increasing the general demand for cotton or its products but no reference to a private brand or trade name shall be made if the Secretary determines that such reference will result in undue discrimination against the cotton products of other persons: And provided further, That no such advertising or sales promotion programs shall make use of false or unwarranted claims in behalf of cotton or its products or false or unwarranted state- ments with respect to the quality, value, or use of any competing product. (b) Providing for establishing and carrying on research and development projects and studies with respect to the production, ginning, proc- essing, distribution, or utilization of cotton and its products, to the end that the marketing and utilization of cotton may be encouraged, ex- panded, improved, or made more efficient, and for the disbursement of necessary funds for such purposes. (c) Providing that handlers or any class of handlers maintain and make available for in- spection such books and records as may be re- quired by the order and for the filing of reports by such handlers at the times, in the manner, and having the content prescribed by the order, to the end that information and data shall be made available to the Cotton Board and to the Secretary which is appropriate or necessary to the effectuation, administration, or enforcement of this chapter or of any order or regulation issued pursuant to this chapter: Provided, how- ever, That all information so obtained shall be kept confidential by all officers and employees of the Department of Agriculture and of the Cot- ton Board, and only such information so fur- nished or acquired as the Secretary deems rel- evant shall be disclosed by them, and then only in a suit or administrative hearing brought at the direction, or upon the request, of the Sec- retary of Agriculture, or to which he or any offi- cer of the United States is a party, and involv- ing the order with reference to which the infor- mation so to be disclosed was furnished or ac- quired. Nothing in this section shall be deemed to prohibit (1) the issuance of general state- ments based upon the reports of a number of handlers subject to an order, which statements do not identify the information furnished by any person, or (2) the publication by direction of the Secretary, of the name of any person violating any order, together with a statement of the par- ticular provisions of the order violated by such person. Any such officer or employee violating the provisions of this subsection shall upon con- viction be subject to a fine of not more than $1,000 or to imprisonment for not more than one year, or to both, and shall be removed from of- fice. (d) Terms and conditions incidental to and not inconsistent with the terms and conditions spec- ified in this chapter and necessary to effectuate the other provisions of such order. (Pub. L. 89–502, § 6, July 13, 1966, 80 Stat. 280.) § 2106. Required terms and conditions in orders Orders issued pursuant to this chapter shall contain the following terms and conditions: (a) Providing for the establishment and selec- tion by the Secretary, of a Cotton Board, and de- fining its powers and duties, which shall include only the powers: (1) To administer such order in accordance with its terms and provisions; (2) To make rules and regulations to effec- tuate the terms and provisions of such order, including the designation of the person re- sponsible for collecting the assessment; (3) To receive, investigate, and report to the Secretary complaints of violations of such order; and (4) To recommend to the Secretary amend- ments to such order. (b) Providing that the Cotton Board shall be composed of (1) representatives of cotton pro- ducers selected by the Secretary, from nomina- tions submitted by eligible producer organiza- tions within a cotton-producing State, as cer- tified pursuant to section 2113 of this title, or, if the Secretary determines that a substantial