[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: 7CFR930.41]

[Page 266-267]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 930_TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, 
PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND WISCONSIN--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec. 930.41  Assessments.

    (a) An assessment may be levied upon handlers annually under this 
part to cover the administrative costs of the Board, costs of 
inspection, and any research, development and promotion activities 
initiated by the Board under Sec. 930.48.
    (b) Each part of an assessment intended to cover the costs of each 
activity in paragraph (a) of this section, must be identified and 
approved by the Board and the Secretary, and any notification or other 
statement regarding assessments provided to handlers must contain such 
information.
    (c) As a pro rata share of the administrative, inspection, research, 
development, and promotion expenses which

[[Page 267]]

the Secretary finds reasonable and likely to be incurred by the Board 
during a fiscal period, each handler shall pay to the Board assessments 
on all cherries handled, as the handler thereof, during such period: 
Provided, a handler shall be exempt from any assessment only on the 
tonnage of handled cherries that either are diverted by destruction at 
the handler's facilities according to Sec. 930.59 or are cherries 
represented by grower diversion certificates issued pursuant to Sec. 
930.58(b) and acquired by handlers as described in Sec. 930.59.
    (d) The Secretary, after consideration of the recommendation of the 
Board, shall fix the rate of assessment to be paid by each handler 
during the fiscal period in an amount designed to secure sufficient 
funds to cover the expenses which may be approved and incurred during 
such period or subsequent period as provided in paragraph (c) of this 
section. At any time during or after the fiscal period, the Secretary 
may increase the rate of assessment in order to secure sufficient funds 
to cover any later finding by the Secretary relative to the expenses 
which may be incurred. Such increase shall be applied to all cherries 
handled during the applicable fiscal period. In order to provide funds 
for the administration of the provisions of this part during the first 
part of a fiscal period before sufficient operating income is available 
from assessments, the Board may accept the payment of assessments in 
advance, and may borrow money for such purposes.
    (e) Assessments not paid within a time prescribed by the Board may 
be made subject to interest or late payment charges, or both. The period 
of time, rate of interest, and late payment charge will be as 
recommended by the Board and approved by the Secretary: Provided, That 
when interest or late payment charges are in effect, they shall be 
applied to all assessments not paid within the prescribed period of 
time.
    (f) Assessments shall be calculated on the basis of pounds of 
cherries handled. The established assessment rate may be uniform, or may 
vary dependent on the product the cherries are used to manufacture. In 
recommending annual assessment rates, the Board shall consider:
    (1) The differences in the number of pounds of cherries utilized for 
various cherry products; and
    (2) The relative market values of such cherry products.
    (g) The Board, with the approval of the Secretary, may establish 
rules and regulations necessary and incidental to the administration of 
this section.

[61 FR 49942, Sept. 24, 1996, as amended at 67 FR 51714, Aug. 8, 2002]