[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: 7CFR948.77]

[Page 395-396]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 948_IRISH POTATOES GROWN IN COLORADO--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec. 948.77  Assessments.

    (a) The funds to cover each area committee's expenses shall be 
acquired by the levying of assessments upon handlers as provided in this 
subpart. Each handler who first handles potatoes under this part, shall 
pay assessments to his respective area committee upon demand, which 
assessments shall be in payment of such handler's pro rata share of the 
area committee's expenses.
    (b) Assessments shall be levied upon handlers at rates established 
by the Secretary. Such rates may be established upon the basis of each 
area committee's budget, recommendations, and other available 
information. Such rates may be applied to specified containers used in 
the production area.
    (c) At any time during, or subsequent to, a given fiscal period each 
area committee may recommend the approval of

[[Page 396]]

an amended budget and an increase in the rate of assessment. Upon the 
basis of such recommendations, or other available information, the 
Secretary may approve an amended budget and increase the rate of 
assessment. Such increase shall be applicable to all potatoes grown 
within the particular area where an area committee recommends such 
increase and which were handled by the first handler thereof during such 
fiscal period.
    (d) The payment of assessments for the maintenance and functioning 
of each area committee may be required under this part throughout the 
period it is in effect irrespective to whether particular provisions 
thereof are suspended or become inoperative.
    (e) In order to provide funds to enable each area committee to 
perform its functions under this part, handlers may make advance payment 
of assessments.