§ 4608. — Collection of assessments; refunds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4608]
TITLE 7--AGRICULTURE
CHAPTER 77--HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION
Sec. 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.
(Pub. L. 98-590, Sec. 9, Oct. 30, 1984, 98 Stat. 3120; Pub. L. 101-624,
title XIX, Sec. 1984(b), Nov. 28, 1990, 104 Stat. 3906; Pub. L. 102-237,
title VIII, Sec. 807(1), Dec. 13, 1991, 105 Stat. 1883; Pub. L. 104-127,
title V, Sec. 591, Apr. 4, 1996, 110 Stat. 1084; Pub. L. 105-185, title
VI, Sec. 605(h), June 23, 1998, 112 Stat. 597.)
References in Text
The Agricultural Act of 1949, referred to in subsec. (d), is act
Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified
principally to chapter 35A (Sec. 1421 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 1421 of this title and Tables.
Amendments
1998--Subsec. (a). Pub. L. 105-185, Sec. 605(h)(1)(A), added subsec.
(a) and struck out former subsec. (a) which read as follows: ``Except as
provided by subsections (c), (d), (e), and (i) of this section, the
first handler of honey shall be responsible for the collection from the
producer, and payment to the Honey Board, of assessments authorized by
this chapter.''
Subsec. (c). Pub. L. 105-185, Sec. 605(h)(1)(B), added subsec. (c)
and struck out former subsec. (c) which read as follows: ``The
assessment on imported honey and honey products shall be paid by the
importer at the time of entry into the United States and shall be
remitted to the Honey Board.''
Subsec. (e). Pub. L. 105-185, Sec. 605(h)(1)(C), added subsec. (e)
and struck out former subsec. (e) which read as follows: ``Producer-
packers shall pay to the Honey Board the assessment on the honey they
produce.''
Subsec. (f). Pub. L. 105-185, Sec. 605(h)(2), added subsec. (f) and
struck out former subsec. (f) which read as follows: ``Handlers,
importers, producers, and producer-packers responsible for payment of
assessments, and persons receiving an exemption from assessments under
section 4606(e)(2) of this title, shall maintain and make available for
inspection by the Secretary such books and records as are required by
the order and file reports at the times, in the manner, and having the
content prescribed by the order, so that information and data shall be
made available to the Honey Board and to the Secretary which is
appropriate or necessary to the effectuation, administration, or
enforcement of the chapter or of any order or regulation issued pursuant
to this chapter.''
Subsec. (g). Pub. L. 105-185, Sec. 605(h)(3), added subsec. (g) and
struck out former subsec. (g) which read as follows: ``All information
obtained pursuant to subsection (f) of this section shall be kept
confidential by all officers and employees of the Department of
Agriculture and of the Honey Board. Only such information as the
Secretary deems relevant shall be disclosed and 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
involving the order with reference to which the information was
furnished or acquired. Nothing in this section prohibits--
``(1) issuance of general statements based upon the reports of a
number of handlers subject to any order, if such statements do not
identify the information furnished by any person; or
``(2) the publication by direction of the Secretary, of the name
of any person violating any order issued under this chapter,
together with a statement of the particular provisions of the order
violated by such person.''
Subsec. (h). Pub. L. 105-185, Sec. 605(h)(4), (5), added subsec. (h)
and struck out former subsec. (h) which read as follows: ``(h)(1)(A)
Except as otherwise provided in paragraph (2), any producer or importer
may obtain a refund of the assessment collected from the producer or
importer if demand is made within the time and in the manner prescribed
by the Honey Board and approved by the Secretary; except that, during
any year, the amount of refunds made to an importer, as a percentage of
total assessments collected from such importer, shall not exceed the
amount of refunds made to domestic producers, as a percentage of total
assessments collected from such producers. Such refund shall be made by
the Honey Board in June and December of each year.
``(B) A producer that has obtained a honey price support loan under
the Agricultural Act of 1949, or successor statute, may obtain a refund
if the producer has submitted to the Honey Board the statement received
under subsection (d) of this section of the amount of assessment
deducted from the loan funds and has otherwise complied with this
subsection, even though the loan with respect to which the assessment
was collected may still be outstanding and final settlement has not been
made.
``(2) With respect to the order in effect on November 28, 1990,
following the referendum on such order required under section 4612(b)(2)
of this title, a producer or importer may obtain a refund of an
assessment under such order as provided in paragraph (1) only if the
Secretary determines that the proposal to terminate refunds under the
order is defeated in such referendum.''
Subsec. (i). Pub. L. 105-185, Sec. 605(h)(6), inserted subsec.
heading, designated existing provisions as par. (1), inserted par.
heading, and added par. (2).
1996--Subsec. (f). Pub. L. 104-127 inserted ``producers,'' after
``importers,''.
1991--Subsec. (h)(1)(A). Pub. L. 102-237 inserted ``to'' before ``an
importer''.
1990--Subsec. (a). Pub. L. 101-624, Sec. 1984(b)(1), inserted
reference to subsec. (i) of this section.
Subsec. (d). Pub. L. 101-624, Sec. 1984(b)(2), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ``In any
case in which a loan is made with respect to any honey under the Honey
Loan Price Support Program, the Secretary shall provide that the
assessment shall be deducted from the proceeds of the loan and that the
amount of such assessment shall be forwarded to the Honey Board. When
such loan is redeemed, the Secretary shall provide the producer with
proof of payment of the assessment.''
Subsec. (f). Pub. L. 101-624, Sec. 1984(b)(3), inserted ``, and
persons receiving an exemption from assessments under section 4606(e)(2)
of this title,'' after ``payment of assessments''.
Subsec. (h). Pub. L. 101-624, Sec. 1984(b)(4), designated existing
provisions as par. (1)(A); substituted ``Except as otherwise provided in
paragraph (2), any'' for ``Any'', ``an importer'' for ``to importers'',
and ``from such importer'' for ``from importers''; added subpar. (B);
and added par. (2).
Subsec. (i). Pub. L. 101-624, Sec. 1984(b)(5), added subsec. (i).
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in sections 4606, 4607, 4612 of this
title.
