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U.S. Code as of:
01/03/05
Section 6007. Assessments
(a) In general
During the effective period of a plan issued pursuant to this
chapter, assessments shall be -
(1) levied on all pecans produced in, and all pecans imported
into, the United States and marketed; and
(2) deducted from the payment made to a grower for all pecans
sold to a first handler.
(b) Limitation on assessments
No more than one assessment may be assessed under subsection (a)
of this section on a grower (as remitted by a first handler),
grower-sheller, or importer, for any lot of pecans handled or
imported.
(c) Remitting assessments
(1) In general
Assessments required under subsection (a) of this section shall
be remitted to the Board by -
(A) a first handler; and
(B) an importer.
(2) Times to remit assessment
(A) First handlers
Each first handler who is not a grower-sheller and who is
required to remit an assessment under paragraph (1) shall remit
such assessment to the Board no later than the last day of the
month following the month that the pecans being assessed were
purchased or marketed by such first handler.
(B) Grower-shellers
Each first handler who is a grower-sheller and who is
required to remit an assessment under paragraph (1) shall remit
such assessment to the Board, to the extent practicable, in
payments of one-third of the total annual amount of such
assessment due to the Board on January 31, March 31, and May
10, or such dates as may be recommended by the Board and
approved by the Secretary, during the fiscal year that the
pecans being assessed were harvested.
(C) Importers
Importers of pecans into the United States shall pay the
assessment at the time the pecans enter the United States and
shall remit such assessment to the Board.
(d) Assessment rate
(1) In general
Except as provided in paragraph (2), assessment rates shall be
recommended by the Board and approved by the Secretary, except
that the maximum assessment shall not exceed -
(A) during the period commencing on the effective date of the
issuance of a plan and ending on the date the referendum is
conducted under section 6011(a) of this title, one-half cent
per pound for in-shell pecans as determined by the Board and
approved by the Secretary; and
(B) after such period, 2 cents per pound for in-shell pecans.
(2) Adjusting rate for shelled pecans
The rate of assessment of shelled pecans shall be twice the
rate established for in-shell pecans pursuant to paragraph (1).
(3) Special State assessment
(A) In general
Notwithstanding any other provision of this chapter, with the
approval of the Secretary and if authorized by State law and
requested by such State, a special assessment of one-quarter
cent per pound for in-shell pecans, and an appropriate
per-pound assessment for shelled pecans as adjusted under
paragraph (2), shall be remitted to the Board for the purpose
of utilizing such funds by a State pecan marketing board for
research projects to promote pecans pursuant to State law.
(B) Collection and remittance
The Board shall collect such assessments and upon receipt of
such assessments shall remit such assessments to the State,
within a time period mutually agreed upon between the State and
the Board, and approved by the Secretary. In the collection of
such State assessments, neither the Board nor the Secretary
shall in any manner enforce the collection or remittance of any
such payment by producers of such State assessments or
investigate nonpayment of such State assessments, except to
provide to a State the names of growers from whom such
assessments were collected and the respective amounts of
assessments collected.
(C) Regulations
The Secretary is authorized to make such regulations as may
be necessary to carry out the provisions of this section.
(e) Late-payment charge
(1) In general
There shall be a late-payment charge imposed on any person who
fails to remit, on or before the due date established by the
Board under subsection (c)(2) of this section, to the Board the
total amount for which such person is liable.
(2) Amount of charge
The amount of the late-payment charge imposed under paragraph
(1) shall be prescribed by the Board with the approval of the
Secretary.
(f) Refund of assessments from escrow account
(1) Establishment of escrow account
During the period beginning on the effective date of a plan
first issued under section 6003 of this title and ending on the
date the referendum is conducted under section 6011(a) of this
title, the Board shall -
(A) establish an escrow account to be used for assessment
refunds; and
(B) place funds in such account in accordance with paragraph
(2).
(2) Placement of funds in account
The Board shall place in such account, from assessments
collected during the period referred to in paragraph (1), an
amount equal to the product obtained by multiplying the total
amount of assessments collected during such period by 10 percent.
(3) Right to receive refund
Subject to paragraphs (4), (5), and (6), any grower,
grower-sheller, or importer shall have the right to demand and
receive from the Board a one-time refund of assessments paid by
or on behalf of such grower, grower-sheller, or importer during
the period referred to in paragraph (1) if -
(A) such grower, grower-sheller, or importer is required to
pay such assessments;
(B) such grower, grower-sheller, or importer does not support
the program established under this chapter;
(C) such grower, grower-sheller, or importer demands such
refund prior to the conduct of the referendum under section
6011(a) of this title; and
(D) the plan is not approved pursuant to the referendum
conducted under section 6011(a) of this title.
(4) Form of demand
Such demand shall be made in accordance with regulations, on a
form, and within a time period prescribed by the Board.
(5) Making of refund
Such refund shall be made on submission of proof satisfactory
to the Board that such grower, grower-sheller, or importer paid
the assessment for which refund is demanded.
(6) Proration
If -
(A) the amount in the escrow account required by paragraph
(1) is not sufficient to refund the total amount of assessments
demanded by eligible growers, grower-shellers, or importers;
and
(B) the plan is not approved pursuant to the referendum
conducted under section 6011(a) of this title;
the Board shall prorate the amount of such refunds among all
eligible growers, grower-shellers, and importers who demand such
refund.
(7) Program approved
If the plan is approved pursuant to the referendum conducted
under section 6011(a) of this title, all funds in the escrow
account shall be returned to the Board for use by the Board in
accordance with this chapter.
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