§ 7445. — 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: 7USC7445]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER III--CANOLA AND RAPESEED
Sec. 7445. Assessments
(a) In general
(1) First purchasers
During the effective period of an order issued pursuant to this
subchapter, assessments shall be--
(A) levied on all canola or rapeseed produced in the United
States and marketed; and
(B) deducted from the payment made to a producer for all
canola or rapeseed sold to a first purchaser.
(2) Direct processing
The order shall provide that any person processing canola or
rapeseed of that person's own production and marketing the canola or
rapeseed, or canola or rapeseed products, shall remit to the Board
or a State organization certified to represent producers under
section 7444(b)(6) of this title, in the manner prescribed by the
order, an assessment established at a rate equivalent to the rate
provided for under subsection (d) of this section.
(b) Limitation on assessments
No more than 1 assessment may be assessed under subsection (a) of
this section on any canola or rapeseed produced (as remitted by a first
purchaser).
(c) Remitting of assessments
(1) In general
Assessments required under subsection (a) of this section shall
be remitted to the Board by a first purchaser. The Board shall use
State organizations certified to represent producers under section
7444(b)(6) of this title to collect the assessments. If an
appropriate certified State organization does not exist to collect
an assessment, the assessment shall be collected by the Board. There
shall be only 1 certified State organization in each State.
(2) Times to remit assessment
Each first purchaser shall remit the assessment to the Board as
provided for in the order.
(d) Assessment rate
(1) Initial rate
The initial assessment rate shall be 4 cents per hundredweight
of canola or rapeseed produced and marketed.
(2) Increase
The assessment rate may be increased on recommendation by the
Board to a rate not exceeding 10 cents per hundredweight of canola
or rapeseed produced and marketed in a State, unless--
(A) after the initial referendum is held under section
7446(a) of this title, the Board recommends an increase above 10
cents per hundredweight; and
(B) the increase is approved in a referendum under section
7446(b) of this title.
(3) Credit
A producer who demonstrates to the Board that the producer is
participating in a program of a State organization certified to
represent producers under section 7444(b)(6) of this title shall
receive credit, in determining the assessment due from the producer,
for contributions to the program of up to 2 cents per hundredweight
of canola or rapeseed marketed.
(e) Late payment charge
(1) In general
There shall be a late payment charge imposed on any person who
fails to remit, on or before the date provided for in the order, to
the Board the total amount for which the person is liable.
(2) Amount of charge
The amount of the late payment charge imposed under paragraph
(1) shall be prescribed by the Board with the approval of the
Secretary.
(f) Refund of assessments from escrow account
(1) Establishment of escrow account
During the period beginning on the date on which an order is
first issued under section 7443(b)(3) of this title and ending on
the date on which a referendum is conducted under section 7446(a) of
this title, the Board shall--
(A) establish and maintain an escrow account to be used for
assessment refunds; and
(B) place funds in the account in accordance with paragraph
(2).
(2) Placement of funds in account
The Board shall place in the 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 the period by 10 percent.
(3) Right to receive refund
The Board shall refund to a producer the assessments paid by or
on behalf of the producer if--
(A) the producer is required to pay the assessment;
(B) the producer does not support the program established
under this subchapter; and
(C) the producer demands the refund prior to the conduct of
the referendum under section 7446(a) of this title.
(4) Form of demand
The demand shall be made in accordance with such regulations, in
such form, and within such time period as prescribed by the Board.
(5) Making of refund
The refund shall be made on submission of proof satisfactory to
the Board that the producer paid the assessment for which the refund
is demanded.
(6) Proration
If--
(A) the amount in the escrow account required by paragraph
(1) is not sufficient to refund the total amount of assessments
demanded by eligible producers; and
(B) the order is not approved pursuant to the referendum
conducted under section 7446(a) of this title;
the Board shall prorate the amount of the refunds among all eligible
producers who demand a refund.
(7) Program approved
If the plan is approved pursuant to the referendum conducted
under section 7446(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 subchapter.
(Pub. L. 104-127, title V, Sec. 536, Apr. 4, 1996, 110 Stat. 1056.)
Section Referred to in Other Sections
This section is referred to in section 7444 of this title.
