In 1954, Congress amended the Act to permit the Secretary to promulgate marketing orders “providing for the establishment of marketing research and development projects designed to assist, improve, or promote the marketing, distribution, and consumption of any such commodity or product, the expense of such projects to be paid from funds collected pursuant to the marketing order.”
7 U.S.C. § 608(6)(I). Subsequently, the Secretary, through formal rulemaking, amended the marketing orders to authorize paid generic advertising programs for nectarines (1966), plums (1971), and peaches (1976).
7 C.F.R. §§ 916.45,
917.39. Ever since, the committees have developed the details of the generic advertising program—radio and TV commercials (“California nectarines are the juiciest”), newspaper inserts (“How to make a peach pie with California peaches”), etc.—and have included an advertising component in their annual budget recommendations. After approving the committees' budget recommendations, the Secretary issues annual assessment regulations, and the handlers are required to pay their pro rata share.
7 U.S.C. § 610(b)(2)(ii).