7 U.S.C. § 6007 — Assessments

(a) In general During the effective period of a plan^* issued under this chapter, assessments must be:
(1) levied on all pecans produced in, and all pecans imported into, the United States^* and marketed; and
(2) deducted from the payment made to a grower^* for all pecans sold to a first handler^*.
(b) Limitation on assessments 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.
(c) Remitting assessments
(1) In general Assessments required under subsection
(a) must be remitted to the Board^* by:
(A) a first handler; and
(B) an importer.
(2) Times to remit assessment
(A) First handlers Each first handler who is not a grower-sheller^* and who is required to remit an assessment under paragraph
(1) must remit that 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 that first handler.
(B) Grower-shellers Each first handler who is a grower-sheller and who is required to remit an assessment under paragraph
(1) must remit that assessment to the Board, to the extent practicable, in payments of one-third of the total annual amount of that assessment due to the Board on January 31, March 31, and May 10, or that dates as may be recommended by the Board and approved by the Secretary^*, during the fiscal year that the pecans being assessed were harvested.
(C) Importers Importers of pecans into the United States must pay the assessment at the time the pecans enter the United States and must remit that assessment to the Board.
(d) Assessment rate
(1) In general Except as provided in paragraph
(2), assessment rates must be recommended by the Board and approved by the Secretary, except that the maximum assessment must not exceed:
(A) during the period starting on the effective date of the issuance of a plan and ending on the date the referendum is conducted under section 6011
(a) of this title , one-half cent per pound for in-shell^* pecans as determined by the Board and approved by the Secretary; and
(B) after that period, 2 cents per pound for in-shell pecans.
(2) Adjusting rate for shelled pecans The rate of assessment of shelled pecans must be twice the rate established for in-shell pecans under paragraph
(1).
(3) Special State^* assessment
(A) In general Notwithstanding any other provision of this chapter, with the approval of the Secretary and if authorized by State law and requested by that 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), must be remitted to the Board for the purpose of utilizing that funds by a State pecan^* marketing board for research^* projects to promote pecans under State law.
(B) Collection and remittance The Board must collect that assessments and upon receipt of that assessments must remit that 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 that State assessments, neither the Board nor the Secretary must in any manner enforce the collection or remittance of any that payment by producers of that State assessments or investigate nonpayment of that State assessments, except to provide to a State the names of growers from whom that assessments were collected and the respective amounts of assessments collected.
(C) Regulations The Secretary is authorized to make that regulations as may be necessary to carry out the provisions of this section.
(e) Late-payment charge
(1) In general There must 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 that person is liable.
(2) Amount of charge The amount of the late-payment charge imposed under paragraph
(1) must 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 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:
(A) establish an escrow account to be used for assessment refunds; and
(B) place funds in that account under paragraph
(2).
(2) Placement of funds in account The Board must place in that 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 that period by 10 percent.
(3) Right to receive refund Subject to paragraphs
(4),
(5), and
(6), any grower, grower-sheller, or importer must have the right to demand and receive from the Board a one-time refund of assessments paid by or on behalf of that grower, grower-sheller, or importer during the period referred to in paragraph
(1) if:
(A) that grower, grower-sheller, or importer is required to pay that assessments;
(B) that grower, grower-sheller, or importer does not support the program established under this chapter;
(C) that grower, grower-sheller, or importer demands that refund before the conduct of the referendum under section 6011
(a) of this title ; and
(D) the plan is not approved under the referendum conducted under section 6011
(a) of this title .
(4) Form of demand Such demand must be made under regulations, on a form, and within a time period prescribed by the Board.
(5) Making of refund Such refund must be made on submission of proof satisfactory to the Board that that grower, grower-sheller, or importer paid the assessment for which 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 growers, grower-shellers, or importers; and
(B) the plan is not approved under the referendum conducted under section 6011
(a) of this title ; the Board must prorate the amount of that refunds among all eligible growers, grower-shellers, and importers who demand that refund.
(7) Program approved If the plan is approved under the referendum conducted under section 6011
(a) of this title , all funds in the escrow account must be returned to the Board for use by the Board under this chapter.