Code of Federal Regulations - Title 7: Agriculture (December 2005)
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TITLE 7 - AGRICULTURE
SUBTITLE B - REGULATIONS OF THE DEPARTMENT OF AGRICULTURE
CHAPTER IX - AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; FRUITS, VEGETABLES, NUTS), DEPARTMENT OF AGRICULTURE
PART 979 - MELONS GROWN IN SOUTH TEXAS
979.42 - Assessments.
(a) The funds to cover the committee's expenses shall be acquired by the levying of assessments upon handlers as provided for in this subpart.
Each handler who first handles melons shall pay assessments to the committee upon demand, which assessments shall be in payment of such handler's pro rata share of the committee's expenses; (b) Assessments shall be levied during each fiscal period upon handlers at a rate per unit established by the Secretary. Such rates may be established upon the basis of the committee's recommendations and other available information; (c) At any time during or after a given fiscal period the committee may recommend the approval of an amended budget and an increase in the rate of assessment in conformance with 979.41. Upon the basis of such recommendations, or other available information, the Secretary may approve an amended budget and increase the assessment rate. Such increase shall be applicable to all melons which were handled by each first handler thereof during such fiscal period; (d) The payment of assessments for the maintenance and functioning of the committee may be required irrespective of whether particular provisions of this part are suspended or become inoperative; (e) To provide funds for the administration of the provisions of this part the committee may accept the payment of assessments in advance; (f) If a handler does not pay his assessment within the time prescribed by the committee, the assessment may be increased by a late payment charge or an interest charge at rates prescribed by the committee with the approval of the Secretary.
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