§ 6409. — Assessments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6409]
TITLE 7--AGRICULTURE
CHAPTER 93--PROCESSOR-FUNDED MILK PROMOTION PROGRAM
Sec. 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.
(Pub. L. 101-624, title XIX, Sec. 1999J, Nov. 28, 1990, 104 Stat. 3921;
Pub. L. 103-72, Sec. 2(b), Aug. 11, 1993, 107 Stat. 717.)
Amendments
1993--Subsec. (e). Pub. L. 103-72 inserted ``, and that are fluid
milk processors,'' after ``section 4504(g) of this title''.
Section Referred to in Other Sections
This section is referred to in section 6407 of this title.
