[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR932.45]

[Page 303-304]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 932_OLIVES GROWN IN CALIFORNIA--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec. 932.45  Production research and marketing research and development 
projects.

    (a) The following activities of the committee are authorized under 
this section.
    (1) The committee may, with the approval of the Secretary, establish 
or provide for the establishment of production research, and marketing 
research and development projects designed to assist, improve or promote 
the marketing, distribution, and consumption or efficient production of 
California olives. Such projects may provide for any marketing research 
and development projects designed to assist, improve, or promote the 
marketing, distribution, and consumption or efficient production of 
California olives. Such projects may provide for any form of marketing 
promotion including paid advertising. The expenses of such research and 
projects shall be paid from funds collected pursuant to Sec. 932.39 or 
from voluntary contributions. Voluntary contributions may be accepted by 
the committee only to pay the expenses of such projects: Provided, That 
the committee shall retain complete control over the use of such 
contributions which shall be free from any encumbrances.
    (2) The committee, with the approval of the Secretary, may provide 
for crediting a portion of a handler's direct expenditures for paid 
brand advertising for olives. Such expenditures may include, but are not 
limited to, money spent for advertising space in magazines, newspapers, 
outdoor media and transit or time charges for radio and television. No 
handler shall receive credit in excess of such handler's pro rata share 
of the total monies allotted by the committee for brand advertising 
credit. Each advertisement must be published, broadcast or displayed 
during the fiscal year for which credit is requested. Before any 
creditable brand advertising may be undertaken pursuant to this 
paragraph (a)(2) of this section, the Secretary, upon recommendation by 
the committee, shall prescribe appropriate rules and regulations as are 
necessary to effectively regulate such activity.
    (b) In recommending marketing research and development projects 
pursuant to this section, the committee shall give consideration to the 
following factors:
    (1) The expected supply of olives in relation to market 
requirements;
    (2) The supply situation among competing areas and commodities; and
    (3) The need for marketing research with respect to any marketing 
development activity and the need for a coordinated effort with USDA's 
Plentiful Food Program.
    (c) In recommending production research projects pursuant to this 
section, the committee shall give consideration to the extent and need 
for assistance to, and improvement of California olive production.
    (d) If the committee should conclude that a program of production 
research, marketing research, or development should be undertaken or 
continued pursuant to this section in any fiscal year, it shall submit 
the following for the approval of the Secretary:
    (1) Its recommendations as to funds to be obtained pursuant to Sec. 
932.39 or voluntary contributions;
    (2) Its recommendations as to any production research or marketing 
research project; and
    (3) Its recommendation as to promotion activity and paid 
advertising.

[[Page 304]]

    (e) The committee shall, as soon as practicable, prepare and mail 
reports on current production research and marketing research and 
development projects to the Secretary and make a copy of such reports 
available at the committee office for examination by producers, 
handlers, or other interested parties.

[36 FR 20356, Oct. 21, 1971, as amended at 47 FR 32908, July 30, 1982; 
47 FR 51093, Nov. 12, 1982]

                               Regulations