[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: 7CFR1240.41]

[Page 243-244]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND 
      ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE
 
PART 1240_HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION--Table of 
 
   Subpart A_Honey Research, Promotion, and Consumer Information Order
 
Sec.  1240.41  Assessments.

    (a) Domestic honey and honey products. The assessment rate on honey 
produced in the United States and handled shall be 1 cent per pound of 
honey produced.
    (b) Imported honey and honey products. The assessment rate on honey 
or honey products imported into the United States shall be 1 cent per 
pound of honey or honey products imported. The importer of imported 
honey and honey products shall pay the assessment to the Board through 
the U.S. Customs Service at the time of entry of such honey and honey 
products into the United States. Should the U.S. Customs Service fail to 
collect an assessment from an importer, the importer shall be 
responsible for the payment of the assessment to the Board.
    (c) General. (1) Except as provided in Sec.  1240.42 and in 
paragraphs (c)(2) and (e) of this section, the first handler shall be 
responsible for the collection of such assessment from the producer and 
payment thereof to the Board. The first handler shall maintain separate 
records for each producer's honey handled, including honey produced by 
said handler.
    (2) Producer-packers shall pay to the Board the assessment on all 
honey or honey products for which they act as first handler, in addition 
to the assessment owed on honey they produce.
    (3) Should a first handler fail to collect an assessment from a 
producer, the producer shall be responsible for

[[Page 244]]

the payment of the assessment to the Board.
    (4) Assessments shall be paid to the Board at such time and in such 
manner as the Board, with the Secretary's approval, directs pursuant to 
this part. Such regulations may provide for different handler, importer, 
producer, or producer-packer payment schedules so as to recognize 
differences in marketing or purchasing practices and procedures.
    (d) Late payment. (1) There shall be a late-payment charge imposed 
on any importer, handler, or producer-packer who fails to remit to the 
Board the total amount for which any such importer, producer, or 
producer-packer is liable on or before the payment due date established 
by the Board. The amount of the late-payment charge shall be set by the 
Board subject to approval by the Secretary.
    (2) There shall also be imposed on any importer, handler, or 
producer-packer subject to a late-payment charge, an additional charge 
in the form of interest on the outstanding portion of any amount for 
which the importer, handler, or producer-packer is liable. The rate of 
interest shall be prescribed in regulations issued by the Secretary.
    (3) Persons failing to remit total assessments due in a timely 
manner may also be subject to actions under federal debt collection 
procedures.
    (e) Honey under loan. Whenever a loan is made on honey under an USDA 
loan program, the Secretary shall provide that the assessment be 
deducted from the proceeds of the loan or the loan deficiency payment, 
if applicable, and that the amount of such assessment shall be forwarded 
to the Board, except that the assessment shall not be deducted by the 
Secretary in the case of a honey marketing cooperative approved by the 
Department's Commodity Credit Corporation that deducts the assessment 
from its member producers. As soon as practicable after the assessment 
is deducted from the loan funds or loan deficiency payment, the 
Secretary shall provide the producer with proof of payment of the 
assessment.
    (f) Advance payment. The Board is authorized to accept advance 
payment of assessments by handlers, importers, or producer-packers that 
shall be credited toward any amount for which the handlers, importers, 
or producer-packers may become liable. The Board is not obligated to pay 
interest on any advance payment.

[66 FR 21833, May 1, 2001]