[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR916.41]

[Page 106]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 916_NECTARINES GROWN IN CALIFORNIA--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec.  916.41  Assessments.

    (a) As his pro rata share of the expenses which the Secretary finds 
are reasonable and likely to be incurred by the committee during a 
fiscal period, each person who first handles nectarines during such 
period shall pay to the committee, upon demand, assessments on all 
nectarines so handled. The payment of assessments for the maintenance 
and functioning of the committee may be required under this part 
throughout the period it is in effect irrespective of whether particular 
provisions thereof are suspended or become inoperative.
    (b) The Secretary shall fix the rate of assessment to be paid by 
each such person during a fiscal period in an amount designed to secure 
sufficient funds to cover the expenses which may be incurred during such 
period and to accumulate and maintain a reserve fund equal to 
approximately one fiscal period's expenses. At any time during or after 
the fiscal period, the Secretary may increase the rate of assessment in 
order to secure sufficient funds to cover any later finding by the 
Secretary relative to the expenses which may be incurred. Such increase 
shall be applied to all nectarines handled during the applicable fiscal 
period. 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 committee may accept the payment of assessments in 
advance, and may also borrow money for such purposes. Furthermore, any 
assessment not paid by a handler within a period of time prescribed by 
the committee may be subject to an interest or late payment charge, or 
both. The period of time, rate of interest and late payment charge shall 
be as recommended by the committee and approved by the Secretary. 
Subsequent to such approval, all assessments not paid within the 
prescribed period of time shall be subject to an interest or late 
payment charge or both.

[23 FR 4616, June 25, 1958, unless otherwise noted. Redesignated at 26 
FR 12751, Dec. 30, 1961 as amended at 71 FR 41351, July 21, 2006]