[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: 7CFR982.61]

[Page 550]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 982_HAZELNUTS GROWN IN OREGON AND WASHINGTON--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec. 982.61  Assessments.

    (a) For each marketing year, the Secretary shall fix an assessment 
rate per pound of hazelnuts handled and withheld, including the 
creditable weight of ungraded restricted hazelnuts withheld pursuant to 
Sec. 982.51 and, when subject to regulation pursuant to Sec. 982.45, 
the inshell equivalent of shelled hazelnuts certified which are produced 
from other than restricted hazelnuts that will provide sufficient funds 
to meet the authorized expenses and reserve requirements of the Board. 
At any time during or after a marketing year when he determines, on the 
basis of a Board recommendation or other information, that a different 
rate is necessary, the Secretary may modify the assessment rate and the 
new rate shall be applicable to all such hazelnuts. Each handler shall 
pay to the Board on demand, assessments on all such assessable hazelnuts 
at the rate fixed by the Secretary, less any amounts credited pursuant 
to Sec. 982.58. The Board shall impose a late payment charge on any 
handler who fails to pay his assessment within the time prescribed by 
the Board. In the event the handler thereafter fails to pay the amount 
outstanding, including the late payment charge, within the prescribed 
time, the Board shall impose an additional charge in the form of 
interest on such outstanding amount. The rate of such charges shall be 
prescribed by the Board, with the approval of the Secretary.
    (b) 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 on the current 
year's shipments, the Board may accept the payment of assessments in 
advance, and may also borrow money for such purpose. Further, payment 
discounts may be authorized by the Board upon the approval of the 
Secretary to handlers making such advance assessment payments.

[24 FR 6185, Aug 1, 1959. Redesignated at 26 FR 12751, Dec. 30, 1961, as 
amended at 37 FR 589, Jan. 14, 1972; 51 FR 29550, Aug. 19, 1986; 61 FR 
17560, Apr. 22, 1996]