[Code of Federal Regulations]
[Title 7, Volume 9]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1150.152]

[Page 183-184]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER X--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
                 Orders; Milk) DEPARTMENT OF AGRICULTURE
 
PART 1150_DAIRY PROMOTION PROGRAM--Table of Contents
 
               Subpart_Dairy Promotion and Research Order
 
Sec.  1150.152  Assessments.

    (a) Each person making payment to a producer for milk produced in 
the United States and marketed for commercial use shall collect an 
assessment on all such milk handled for the account of the producer at 
the rate of 15 cents per hundredweight of milk for commercial use or the 
equivalent thereof and shall remit the assessment to the Board.
    (b) Any producer marketing milk of that producer's own production in 
the form of milk or dairy products to consumers, either directly or 
through retail or wholesale outlets, shall remit to the Board an 
assessment on such milk at the rate of 15 cents per hundredweight of 
milk for commercial use or the equivalent thereof.
    (c) In determining the assessment due from each producer pursuant to 
Sec.  1150.152 (a) and (b), a producer who is participating in a 
qualified State or regional program(s) shall receive a credit for 
contributions to such program(s), but not to exceed the following 
amounts:
    (1) In the case of contributions for milk marketed on or before May 
31, 1984, up to the actual rate of contribution that was in effect under 
such program(s) on November 29, 1983, not to

[[Page 184]]

exceed 15 cents per hundredweight of milk marketed.
    (2) In all other cases, the credit shall not exceed 10 cents per 
hundredweight of milk marketed.
    (d) In order for a producer described in Sec.  1150.152(a) to 
receive the credit authorized in Sec.  1150.152(c), either the producer 
or a cooperative association on behalf of the producer must establish to 
the person responsible for remitting the assessment to the Board that 
the producer is contributing to a qualified State or regional program. 
Producers who contribute to a qualified program directly (other than 
through a payroll deduction) must establish with the person responsible 
for remitting the assessment to the Board, with validation by the 
qualified program, that they are making such contributions.
    (e) In order for a producer described in Sec.  1150.152(b) to 
receive the credit authorized in Sec.  1150.152(c), the producer and the 
applicable qualified State or regional program must establish to the 
Board that the producer is contributing to a qualified State or regional 
program.
    (f) The collection of assessments pursuant to Sec.  1150.152(a) and 
(b) shall begin with respect to milk marketed on and after the effective 
date of this section and shall continue until terminated by the 
Secretary. If the Board is not constituted by the date the first 
assessments are to be collected, the Secretary shall have the authority 
to receive the assessments on behalf of the Board. The Secretary shall 
remit such assessments to the Board when it is constituted.
    (g) Each person responsible for the remittance of the assessment 
pursuant to Sec.  1150.152(a) and (b) shall remit the assessment to the 
Board not later than the last day of the month following the month in 
which the milk was marketed.
    (h) Money remitted to the Board shall be in the form of a negotiable 
instrument made payable to ``National Dairy Promotion and Research 
Board.'' Remittances and reports specified in Sec.  1150.171 shall be 
mailed to the location designated by the Secretary or the Board.