[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: 7CFR1240.42]

[Page 244-245]
 
                          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.  1240.42  Exemption from assessment.

    (a) A producer who produces less than 6,000 pounds of honey per 
year, a producer-packer who produces and handles less than 6,000 pounds 
of honey or honey products per year, or an importer who imports less 
than 6,000 pounds of honey or honey products per year shall be exempt 
from assessment: Provided, such honey or honey products are distributed 
directly through local retail outlets such as roadside stands, farmers 
markets, groceries, or other outlets as otherwise determined by the 
Secretary during such year.
    (b) A producer or importer who consumes honey at home or donates 
honey to a nonprofit, government, or other entity, as determined 
appropriate by the Secretary, rather then sell such honey, shall be 
exempt from the assessment on that honey so consumed or donated, except 
for honey donated that is later sold in a commercial outlet by a donee 
or donee's assignee.
    (c) If, after a person has been exempt from paying assessments for 
any year pursuant to this section, and the person no longer meets the 
requirements of paragraphs (a) and (b) of this section for exemption, 
the person shall file a report with the Board in the form and manner 
prescribed by the Board and pay an assessment on or before March 15 of 
the subsequent year on all honey or honey products produced or imported 
by such person during the year for which the person claimed the 
exemption.
    (d) A producer who operates under an approved National Organic 
Program (NOP) (7 CFR part 205) system plan; produces only products that 
are eligible to be labeled as 100 percent organic under the NOP, except 
as provided for in Sec.  1240.114 (f); and is not a split operation 
shall be exempt from the payment of assessments. An importer who imports 
only products that are eligible to be labeled as 100 percent organic

[[Page 245]]

under the NOP (7 CFR part 205) and who is not a split operation shall be 
exempt from the payment of assessments.
    (e) The Board may recommend to the Secretary that honey exported 
from the United States be exempted from the provisions of this subpart 
and include procedures for the refund of assessments on such honey and 
such safeguards as may be necessary to prevent improper use of this 
exemption.

[51 FR 26148, July 21, 1986; 51 FR 29210, Aug. 15, 1986, as amended at 
56 FR 37457, Aug. 7, 1991; 66 FR 21833, May 1, 2001; 70 FR 2760, Jan. 
14, 2005]