[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR927.41]

[Page 210-211]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 927_WINTER PEARS GROWN IN OREGON AND WASHINGTON--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec. 927.41  Assessments.

    (a) Assessments will be levied only upon handlers who first handle 
pears. Each handler shall pay assessments on all pears handled by such 
handler as the pro rata share of the expenses which the Secretary finds 
are reasonable and likely to be incurred by the Control Committee during 
a fiscal period. The payment of assessments for the maintenance and 
functioning of the Control Committee may be required under this part 
throughout the period such assessments are payable irrespective of 
whether particular provisions thereof are suspended or become 
inoperative.
    (b) Based upon a recommendation of the Control Committee or other 
available data, the Secretary shall fix the rate of assessment that 
handlers shall pay on all pears handled during each fiscal period, and 
may also fix supplemental rates of assessment on individual varieties or 
subvarieties to secure sufficient funds to provide for projects 
authorized under Sec. 927.47. At any time during the fiscal period when 
it is determined on the basis of a committee recommendation or other 
information that a different rate is necessary for all pears or for any 
varieties or subvarieties, the Secretary may modify a rate of assessment 
and such new rate shall apply to any or all varieties or subvarieties 
that are shipped during the fiscal period.
    (c) The Control Committee may impose a late payment charge on any

[[Page 211]]

handler who fails to pay any assessment within the time prescribed by 
the committee. In the event the handler thereafter fails to pay the 
amount outstanding, including the late payment charge, within the 
prescribed time, the Control Committee may impose an additional charge 
in the form of interest on such outstanding amount. The amount of such 
late payment charge and rate of interest, shall be prescribed by the 
Control Committee, with the approval of the Secretary.
    (d) In order to provide funds to carry out the functions of the 
Control Committee prior to commencement of shipments in any season, 
handlers may make advance payments of assessments, which advance 
payments shall be credited to such handlers and the assessments of such 
handlers shall be adjusted so that such assessments are based upon the 
quantity of each variety of pears handled by such handlers during such 
season. Further, payment discounts may be authorized by the Control 
Committee upon the approval of the Secretary to handlers making such 
advance assessment payments.

[51 FR 30627, Aug. 28, 1986, as amended at 61 FR 17554, Apr. 22, 1996]