[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: 7CFR979.44]

[Page 497]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 979_MELONS GROWN IN SOUTH TEXAS--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec. 979.44  Excess funds.

    (a) If, at the end of a fiscal period the assessments collected are 
in excess of expenses incurred, each handler entitled to a proportionate 
refund of any such assessments which represent payments by the handler 
in excess of his pro rata share, shall be credited with such refund 
against his operations of the following fiscal period or such excess 
shall be accounted for in accordance with one of the following:
    (1) The committee, with the approval of the Secretary, may establish 
an operating monetary reserve and may carry over to subsequent fiscal 
periods excess funds in a reserve so established, except funds in the 
reserve shall not exceed approximately two fiscal periods' expenses. 
Such reserve funds may be used (i) to defray any expenses authorized 
under this part, (ii) to defray expenses during any fiscal period prior 
to the time assessment income is sufficient to cover such expenses, 
(iii) to cover deficits incurred during any fiscal period when 
assessment income is less than expenses, (iv) to defray expenses 
incurred during any period when any or all provisions of this part are 
suspended or are inoperative, and (v) to cover necessary expenses of 
liquidation in the event of termination of this part. Any funds 
remaining after termination should be refunded to handlers on a pro rata 
basis. If it is found impracticable to return such remaining funds to 
handlers, such funds shall be disposed of in such manner as the 
Secretary may determine to be appropriate;
    (2) If such excess is not retained in a reserve or used to defray 
necessary expenses of liquidation, as provided for in paragraph (a)(1) 
of this section, it shall be refunded proportionately to the handlers 
from whom collected, except any sum paid by any handler in excess of his 
pro rata share of the expenses during any fiscal period may be applied 
by the committee at the end of such fiscal period to any outstanding 
obligations due the committee from such handler.
    (b) [Reserved]

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