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U.S. Code as of:
01/03/05
Section 6409. Assessments
(a) In general
The order shall provide that each fluid milk processor shall pay
an assessment on each unit of fluid milk product that such person
processes and markets commercially in consumer-type packages in the
United States.
(b) No effect on producer prices
Such assessments shall not -
(1) reduce the prices paid under the Federal milk marketing
orders issued under section 608c of this title;
(2) otherwise be deducted from the amounts that handlers must
pay to producers for fluid milk products sold to a processor; or
(3) otherwise be deducted from the price of milk paid to a
producer by a handler, as determined by the Secretary.
(c) Remitting assessments
(1) In general
Assessments required under subsection (a) of this section shall
be remitted by the fluid milk processor directly to the Board in
accordance with the order and regulations issued by the
Secretary.
(2) Time to remit assessment
Each processor who is responsible for the remittance of an
assessment under paragraph (1) shall remit the assessment to the
Board not later than the last day of the month following the
month that the milk being assessed was marketed.
(3) Verification
Remittances shall be verified by market administrators and
State regulatory officials, and local and State Agricultural
Stabilization and Conservation Service offices, as provided by
the Secretary.
(d) Limitation on assessments
Not more than one assessment may be assessed under this section
for the purposes of this chapter on a processor for any unit of
fluid milk product.
(e) Producer-handlers
Producer-handlers that are required to pay the assessment imposed
under section 4504(g) of this title, and that are fluid milk
processors, shall also be responsible for the additional assessment
imposed by this section.
(f) Processor assessment rate
Except as provided in section 6415(b) of this title, the rate of
assessment prescribed by the order shall be 20 cents per
hundredweight of fluid milk products marketed.
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