[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1210.342] [Page 104-105] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1210_WATERMELON RESEARCH AND PROMOTION PLAN--Table of Contents Subpart A_Watermelon Research and Promotion Plan Sec. 1210.342 Exemption from assessment. (a) The Board may exempt watermelons used for nonfood purposes from the provisions of this Plan and shall establish adequate safeguards against improper use of such exemptions. (b) Importers of less than 150,000 pounds of watermelons per year shall be entitled to apply for a refund that is equal to the rate of assessment paid by domestic producers. (c) The Secretary may adjust the quantity of the weight exemption specified in paragraph (b) of this section on the recommendation of the Board after an opportunity for public notice and comment to reflect significant changes in the 5-year average yield per acre of watermelons produced in the United States. (d) The Board shall have the authority to establish rules, with the approval of the Secretary, for certifying [[Page 105]] whether a person meets the definition of a producer under section 1210.306. [54 FR 24545, June 8, 1989, as amended at 60 FR 10799, Feb. 28, 1995]