7 U.S.C. § 6007
During the effective period of a plan issued pursuant to this chapter, assessments shall be-
No more than one assessment may be assessed under subsection (a) on a grower (as remitted by a first handler), grower-sheller, or importer, for any lot of pecans handled or imported.
Assessments required under subsection (a) shall be remitted to the Board by-
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.
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.
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.
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-
The rate of assessment of shelled pecans shall be twice the rate established for in-shell pecans pursuant to paragraph (1).
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.
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.
The Secretary is authorized to make such regulations as may be necessary to carry out the provisions of this section.
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), to the Board the total amount for which such person is liable.
The amount of the late-payment charge imposed under paragraph (1) shall be prescribed by the Board with the approval of the Secretary.
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-
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.
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-
Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board.
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.
If-
the Board shall prorate the amount of such refunds among all eligible growers, grower-shellers, and importers who demand such refund.
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.
7 U.S.C. § 6007
- Board
- The term "Board" means the Pecan Marketing Board established in section 6005(b) of this title.
- Secretary
- The term "Secretary" means the Secretary of Agriculture.
- State
- The term "State" means any of the several States, the District of Columbia and the Commonwealth of Puerto Rico.
- United States
- The term "United States" means collectively the several States, the District of Columbia, and the Commonwealth of Puerto Rico.
- first handler
- The term "first handler" means the first person who buys or takes possession of pecans from a grower for marketing. If a grower markets pecans directly to consumers, such grower shall be considered the first handler with respect to pecans grown by such grower.
- grower
- The term "grower" means any person engaged in the production and sale of pecans in the United States who owns, or who shares the ownership and risk of loss of, such pecans.
- grower-sheller
- The term "grower-sheller" means a person who-(A) shells pecans, or has pecans shelled for such person, in the United States; and(B) during the immediately previous year, grew 50 percent or more of the pecans such person shelled or had shelled for such person.
- importer
- The term "importer" means any person who imports pecans from outside of the United States for sale in the United States.
- pecan
- The term "pecan" means the nut of the pecan tree carya illinoensis.
- person
- The term "person" means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity.
- plan
- The term "plan" means a plan issued under section 6003 of this title.
- research
- The term "research" means any type of test, study, or analysis designed to advance the image, desirability, usage, marketability, production, product development, or quality of pecans.
- shell
- The term "shell" means to remove the shell from an in-shell pecan.