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U.S. Code as of:
01/03/05
Section 4608. Collection of assessments; refunds
(a) Handlers
Except as otherwise provided in this section, a first handler of
honey shall be responsible, at the time of first purchase -
(1) for the collection, and payment to the Honey Board, of the
assessment payable by a producer under section 4606(e)(2)(A) of
this title or, if approved in a referendum conducted under this
chapter, under section 4606(e)(3)(A)(i) of this title; and
(2) if approved in a referendum conducted under this chapter,
for the payment to the Honey Board of an additional assessment
payable by the handler under section 4606(e)(3)(A)(ii) of this
title.
(b) Records
The first handler shall maintain a separate record on each
producer's honey so handled, including honey owned by the handler.
(c) Importers
Except as otherwise provided in this section, at the time of
entry of honey and honey products into the United States, an
importer shall remit to the Honey Board through the United States
Customs Service -
(1) the assessment on the imported honey and honey products
required under section 4606(e)(2)(B) of this title; or
(2) if approved in a referendum conducted under this chapter,
the assessment on the imported honey and honey products required
under section 4606(e)(3)(B) of this title, of which the amount
payable under section 4606(e)(3)(A)(ii) of this title represents
the assessment due from the handler to be paid by the importer on
behalf of the handler.
(d) Loan and loan deficiency payments; deduction from disbursement
of loan funds or loan deficiency payment made to producer
In any case in which a loan, or a loan deficiency payment is made
with respect to honey under the honey price support loan program
established under the Agricultural Act of 1949 [7 U.S.C. 1421 et
seq.], or successor statute, the Secretary shall provide for the
assessment to be deducted from the disbursement of any loan funds
or from the loan deficiency payment made to the producer and for
the amount of such assessment to be forwarded to the Honey Board.
The Secretary shall provide for the producer to receive a statement
of the amount of the assessment deducted from the loan funds or
loan deficiency payment promptly after each occasion when an
assessment is deducted from any such loan funds or payment under
this subsection.
(e) Producer-packers
Except as otherwise provided in this section, a producer-packer
shall be responsible for the collection, and payment to the Honey
Board, of -
(1) the assessment payable by the producer-packer under section
4606(e)(2)(A) of this title or, if approved in a referendum
conducted under this chapter, under section 4606(e)(3)(A)(i) of
this title on honey produced by the producer-packer;
(2) at the time of first purchase, the assessment payable by a
producer under section 4606(e)(2)(A) of this title or, if
approved in a referendum conducted under this chapter, under
section 4606(e)(3)(A)(i) of this title on honey purchased by the
producer-packer as a first handler; and
(3) if approved in a referendum conducted under this chapter,
an additional assessment payable by the producer-packer under
section 4606(e)(3)(A)(ii) of this title.
(f) Inspection; books and records
(1) In general
To make available to the Secretary and the Honey Board such
information and data as are necessary to carry out this chapter
(including an order or regulation issued under this chapter), a
handler, importer, producer, or producer-packer responsible for
payment of an assessment under this chapter, and a person
receiving an exemption from an assessment under section
4606(e)(4) of this title, shall -
(A) maintain and make available for inspection by the
Secretary and the Honey Board such books and records as are
required by the order and regulations issued under this
chapter; and
(B) file reports at the times, in the manner, and having the
content prescribed by the order and regulations, which reports
shall include the total number of bee colonies maintained, the
quantity of honey produced, and the quantity of honey and honey
products handled or imported.
(2) Employee or agent
To conduct an inspection or review a report of a handler,
importer, producer, or producer-packer under paragraph (1), an
individual shall be an employee or agent of the Department or the
Honey Board, and shall not be a member or alternate member of the
Honey Board.
(3) Confidentiality
An employee or agent described in paragraph (2) shall be
subject to the confidentiality requirements of subsection (g) of
this section.
(g) Confidentiality of information; disclosure
(1) In general
All information obtained under subsection (f) of this section
shall be kept confidential by all officers, employees, and agents
of the Department or of the Honey Board.
(2) Disclosure
Information subject to paragraph (1) may be disclosed -
(A) only in a suit or administrative hearing brought at the
request of the Secretary, or to which the Secretary or any
officer of the United States is a party, that involves the
order with respect to which the information was furnished or
acquired; and
(B) only if the Secretary determines that the information is
relevant to the suit or administrative hearing.
(3) Exceptions
Nothing in this subsection prohibits -
(A) the issuance of general statements based on the reports
of a number of handlers subject to an order, if the statements
do not identify the information furnished by any person; or
(B) the publication, by direction of the Secretary, of the
name of any person that violates any order issued under this
chapter, together with a statement of the particular provisions
of the order violated by the person.
(4) Violation
Any person that knowingly violates this subsection, on
conviction -
(A) shall be fined not more than $1,000, imprisoned not more
than 1 year, or both; and
(B) if the person is an officer or employee of the Honey
Board or the Department, shall be removed from office.
(h) Administration and remittance
Administration and remittance of the assessments under this
chapter shall be conducted -
(1) in the manner prescribed in the order and regulations
issued under this chapter; and
(2) if approved in a referendum conducted under this chapter,
in a manner that ensures that all honey and honey products are
assessed a total of, but not more than, $0.015 per pound,
including any producer or importer assessment.
(i) Liability for assessments
(1) Producers
If a first handler or the Secretary fails to collect an
assessment from a producer under this section, the producer shall
be responsible for the payment of the assessment to the Honey
Board.
(2) Importers
If the United States Customs Service fails to collect an
assessment from an importer or an importer fails to pay an
assessment at the time of entry of honey and honey products into
the United States under this section, the importer shall be
responsible for the remission of the assessment to the Honey
Board.
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