Fish and Seafood Promotion Act of 1986

Summary

Seafood Marketing Councils Act - Provides for the creation of seafood marketing councils to promote the consumption of fish and fish products. Requires council applications to be in the form of a proposed charter, which must include certain information such as the fish and fish products planned to be marketed and promoted, and the sectors (geographic areas) that will be represented by the proposed council. Places certain organizational restrictions on the councils. Requires the Administrator of the National Oceanic and Atmospheric Administration (the Administrator) to determine the suitability of a proposed charter within 30 days after submission. Requires a referendum to be held, and 50 percent or more of the fish and fish products' value of an area to be represented by sector participants who approve the charter, before the Administrator can establish the council and approve the proposed charter. Provides for the appointment of council members to a newly established council. Outlines various functions of a council, including the preparation and submission to the Administrator for review of a plan for marketing, promotion, and consumer education of the fish and fish products represented by a council. Prohibits any such plan from containing any references to any private brand or trade name or from using deceptive acts with respect to the quality, value, or use of competing products. Outlines powers of a council, including that of adopting standards relating to the quality of fish and fish products and the sector operating procedures of the council. Requires such standards to be adopted by a majority of the council and implemented by the Administrator. Enumerates specified duties of the Administrator with respect to the review and regulation of marketing and promotion plans submitted by the councils. Requires NOAA employees to maintain the confidentiality of all books and records opened to them by each council. Provides fines and penalties for any individual violating such confidentiality. Directs a council to impose such assessments as necessary to carry out functions. Directs such assessments to be imposed on sector participants in the receiving sector, or the importing sector, or both, as approved in the council charter. Directs the Administrator to assist each council in the determination and implementation of such assessments. Allows any person subjected to an assessment to petition the Administrator for a review and ruling on the validity of such assessment. Gives an appropriate U.S. district court jurisdiction to review such rulings. Establishes in the Treasury a Seafood Marketing Fund for making payments to carry out the annual marketing and promotion plans and annual budgets of the councils. Requires assessments and revenues from investments to be deposited in such Fund. Outlines administrative procedures for the voluntary termination of a council. Provides civil penalties for any person violating any provision of any order or regulation issued by the Administrator under this Act. Outlines procedures for review of any such penalties levied upon an individual. Authorizes the Administrator to make any necessary investigations to carry out the provisions of this Act. Provides the Administrator with other administrative powers. Allows the Administrator to obtain enforcement of such powers with the aid of any U.S. court. Authorizes appropriations.

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Documents

3 official files

• Reported to Senate with amendment(s)

  summary · EN · 3 September 1986

  Open at official source

• Passed House amended

  summary · EN · 9 December 1985

  Open at official source

• Introduced in House

  summary · EN · 9 July 1985

  Open at official source

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