
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC7416]

 
                          TITLE 7--AGRICULTURE
 
                   CHAPTER 101--AGRICULTURAL PROMOTION
 
     SUBCHAPTER II--ISSUANCE OF ORDERS FOR PROMOTION, RESEARCH, AND 
        INFORMATION ACTIVITIES REGARDING AGRICULTURAL COMMODITIES
 
Sec. 7416. Assessments


(a) Assessments authorized

    While an order issued under this subchapter is in effect with 
respect to an agricultural commodity, assessments shall be--
        (1) paid by first handlers with respect to the agricultural 
    commodity produced and marketed in the United States; and
        (2) paid by importers with respect to the agricultural commodity 
    imported into the United States, if the imported agricultural 
    commodity is covered by the order pursuant to section 7415(f) of 
    this title.

(b) Collection

    Assessments required under an order shall be remitted to the board 
established under the order at the time and in the manner prescribed by 
the order.

(c) Limitation on assessments

    Not more than 1 assessment may be levied on a first handler or 
importer under subsection (a) of this section with respect to any 
agricultural commodity.

(d) Assessment rates

    The board shall recommend to the Secretary 1 or more rates of 
assessment to be levied under subsection (a) of this section. If 
approved by the Secretary, the rates shall take effect. An order may 
provide that an assessment rate may not be increased unless approved by 
a referendum conducted pursuant to section 7417 of this title.

(e) Late-payment and interest charges

                           (1) In general

        Late-payment and interest charges may be levied on each person 
    subject to an order who fails to remit an assessment in accordance 
    with subsection (b) of this section.

                              (2) Rate

        The rate for the charges shall be specified by the Secretary.

(f) Investment of assessments

    Pending disbursement of assessments under a budget approved by the 
Secretary, a board may invest assessments collected under this section 
in--
        (1) obligations of the United States or any agency of the United 
    States;
        (2) general obligations of any State or any political 
    subdivision of a State;
        (3) interest-bearing accounts or certificates of deposit of 
    financial institutions that are members of the Federal Reserve 
    System; or
        (4) obligations fully guaranteed as to principal and interest by 
    the United States.

(g) Refund of assessments from escrow account

                         (1) Escrow account

        During the period beginning on the effective date of an order 
    and ending on the date the Secretary announces the results of a 
    referendum that is conducted under section 7417(b)(1) of this title 
    with respect to the order, the board established under the order 
    shall--
            (A) establish and maintain an escrow account of the kind 
        described in subsection (f)(3) of this section to be used to 
        refund assessments; and
            (B) deposit funds in the account in accordance with 
        paragraph (2).

                     (2) Amount to be deposited

        The board shall deposit in the account an amount equal to 10 
    percent of the assessments collected during the period referred to 
    in paragraph (1).

                     (3) Right to receive refund

        Subject to paragraphs (4), (5), and (6), persons subject to an 
    order shall be eligible to demand a refund of assessments collected 
    during the period referred to in paragraph (1) if--
            (A) the assessments were remitted on behalf of the person; 
        and
            (B) the order is not approved in the referendum.

                         (4) Form of demand

        The demand for a refund shall be made at such time and in such 
    form as specified by the order.

                        (5) Payment of refund

        A person entitled to a refund shall be paid promptly after the 
    board receives satisfactory proof that the assessment for which the 
    refund is demanded was paid on behalf of the person who makes the 
    demand.

                            (6) Proration

        If the funds in the escrow account required by paragraph (1) are 
    insufficient to pay the amount of all refunds that persons subject 
    to an order otherwise would have a right to receive under this 
    subsection, the board shall prorate the amount of the funds among 
    all the persons.

                    (7) Closing of escrow account

        If the order is approved in a referendum conducted under section 
    7417(b)(1) of this title--
            (A) the escrow account shall be closed; and
            (B) the funds shall be available to the board for 
        disbursement as authorized in the order.

(Pub. L. 104-127, title V, Sec. 517, Apr. 4, 1996, 110 Stat. 1042.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7414, 7415, 7417 of this 
title.
