[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: 7CFR955.50]

[Page 423-424]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 955_VIDALIA ONIONS GROWN IN GEORGIA--Table of Contents
 
Sec. 955.50  Research and development.

    (a) The committee, with the approval of the Secretary, may establish 
or provide for the establishment of production research, marketing 
research and development and marketing promotion projects, including 
paid advertising, designed to assist, improve, or promote the marketing, 
distribution, consumption, or efficient production of Vidalia onions. 
Any such project for the promotion and advertising of Vidalia onions may 
utilize an identifying mark which shall be made available for use by all 
handlers in accordance with such terms and conditions as the committee, 
with the approval of the Secretary, may prescribe. The expense of such 
projects shall be paid from funds collected pursuant to Sec. 955.42 or 
Sec. 955.45.
    (b) In recommending projects pursuant to this section, the committee 
shall give consideration to the following:
    (1) The expected supply of Vidalia onions in relation to market 
requirements;
    (2) The supply situation among competing areas and commodities;
    (3) The anticipated benefits from such projects in relation to their 
costs;
    (4) The need for marketing research with respect to any market 
development activity; and
    (5) Other relevant factors.
    (c) If the committee should conclude that a program of research and 
development should be undertaken, or continued, in any fiscal period, it 
shall submit the following for the approval of the Secretary;
    (1) Its recommendations as to the funds to be obtained pursuant to 
Sec. 955.42 or Sec. 955.45;
    (2) Its recommendation as to any research projects; and
    (3) Its recommendations as to promotion activity and paid 
advertising.

[[Page 424]]

    (d) Upon conclusion of each activity, but at least annually, the 
committee shall summarize and report the results of such activity to the 
Secretary.
    (e) All marketing promotion activity engaged in by the committee, 
including paid advertising, shall be subject to the following terms and 
conditions:
    (1) No marketing promotion, including paid advertising, shall refer 
to any private brand, private trademark or private trade name;
    (2) No promotion or advertising shall disparage the quality, use, 
value or sale of like or any other agricultural commodity or product, 
and no false or unwarranted claims shall be made in connection with the 
product; and
    (3) No promotion or advertising shall be undertaken without reason 
to believe that returns to producers will be improved by such activity.

                        Reports and Recordkeeping