[Code of Federal Regulations]
[Title 7, Volume 7, Parts 700 to 899]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR729.316]

[Page 208-209]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 729--PEANUTS--Table of Contents
 
   Subpart C--Marketing Cards, Marketings, Penalties, and Assessments
 
Sec. 729.316  Marketing assessments.

    (a) Subject to adjustments in accordance with Sec. 729.317, a 
nonrefundable marketing assessment shall, in the amount provided for in 
this section, be due on each pound of farmers stock peanuts marketed or 
considered marketed by a producer, including marketings by pledging 
peanuts as collateral for a price support loan. The per pound assessment 
as a percentage of the applicable national average quota or additional 
peanut loan rate, shall be an amount equal to:
    (1) 1.15 percent for the 1996 crop; and
    (2) 1.2 percent for the 1997 through 2002 crops.
    (b) Collections and payment of marketing assessments. The first 
purchaser of peanuts shall:
    (1) Collect from the producer a marketing assessment equal to the 
quantity of peanuts acquired multiplied by:
    (i) In the case of the 1996 crop, a per pound amount equal to .6 
percent of the national average loan rate; and
    (ii) In the case of each of the 1997 through 2002 crops, a per pound 
amount equal to .65 percent of the applicable national average loan 
rate.
    (2) In addition to the amount collected under paragraph (1) of this 
section, pay a marketing assessment in an amount equal to the quantity 
of peanuts acquired multiplied by .55 percent

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of the applicable national average loan rate.
    (c) Private marketings. For all peanuts retained on the farm for 
seed or other uses or marketed by such producer to any person outside 
the United States or marketed in private marketings through a retail or 
wholesale outlet to any person who is not required to register as a 
handler in accordance with part 1446 of this title, the producer shall 
pay a marketing assessment equal to the full amount determined by 
multiplying the per pound amount provided in paragraph (a) of this 
section by the gross weight of the peanuts if they are uninspected 
farmers stock peanuts or, if inspected, the net weight of such peanuts. 
If such peanuts are shelled before they are marketed, the quantity 
marketed shall be converted to a farmers stock equivalent as consistent 
with this part, for purposes of determining the amount of assessment 
that is due.
    (d) Loan collateral peanuts. With respect to peanuts that are 
pledged as collateral for a price support loan through an approved 
warehouse, an assessment shall be:
    (1) Determined and paid by multiplying the net weight of such 
peanuts by the applicable per pound amount provided in paragraph (b)(1) 
of this section for private sales and deducting the total from the loan 
value of such peanuts before other deductions may be made for any other 
reason; and
    (2) Further determined and paid by multiplying the net weight of 
such peanuts, when sold from the price support inventory, by the 
applicable per pound amount provided in paragraph (b)(2) of this section 
for private sales and collecting that amount from the person who 
acquires such peanuts from the applicable association or from the CCC.
    (e) Remittance of marketing assessments. With respect to marketing 
assessments as provided in:
    (1) Paragraph (b) of this section, such assessments shall be 
remitted in a manner prescribed by the Deputy Administrator. To avoid a 
penalty, as prescribed in this section, the marketing assessments due 
with respect to any lot of peanuts acquired directly from a producer 
must be remitted during the 15 days that follow the week in which the 
data from the applicable Form FSA-1007 is due to be transmitted to FSA 
in accordance with the provisions in part 1446 of this title. For 
purposes of this section a week shall be the 168 hour period that begins 
at 12:01 a.m. local time on any Sunday and the postmark on the envelope 
in which such marketing assessment is remitted may be the basis for 
determining whether the marketing assessment was remitted timely;
    (2) Paragraph (c) of this section, such assessments shall be 
remitted, within 10 days after the date such peanuts are marketed, and 
shall be remitted to the county FSA office that serves the county in 
which the farm is administratively located. Peanuts that are retained on 
the farm for seed or other use, shall be considered marketed at the time 
the certification of marketings is filed or due to be filed at the 
county FSA office, whichever is earlier;
    (3) Paragraph (d)(1) of this section, such assessments shall be 
credited by the association to the appropriate account of the CCC and in 
accordance with instructions issued by the Executive Vice President, 
CCC; and
    (4) Paragraph (d)(2) of this section, such assessment shall be paid 
at the time and in the manner prescribed in the applicable:
    (i) Sales announcements for sales of farmers stock peanuts by CCC;
    (ii) Sales announcement or other similar document issued by the 
association for association sales of loan stocks of farmers stock 
peanuts; and
    (iii) Storage contract for farmers stock peanuts purchased by a 
handler when peanuts are purchased by such handler in accordance with 
the ``immediate buyback'' provisions set forth in Sec. 1446.309.
    (f) Penalties. If any person fails to collect, pay or timely remit 
the assessment required by this section, the person shall be liable in 
addition to principal and interest, for a penalty determined by 
multiplying the quantity of peanuts involved by 10 percent of the per 
pound national average quota support rate for the applicable crop year.

[61 FR 37565, July 18, 1996]

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