[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: 7CFR920.41]

[Page 151-152]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 920_KIWIFRUIT GROWN IN CALIFORNIA--Table of Contents
 
Sec.  920.41  Assessments.

    (a) As his or her 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 kiwifruit during such 
period shall pay to the

[[Page 152]]

committee, upon demand, assessments on all kiwifruit 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. If a handler does not pay any 
assessment within the time prescribed by the committee, the assessment 
may be subject to an interest or late payment charge, or both, as may be 
established by the Secretary upon recommendation of the committee.
    (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: Provided, That 
any assessment, excluding any amount collected pursuant to Sec.  
920.55(c), must be limited to a maximum assessment rate of three and 
one-half cents per flat, or the equivalent thereof. The Secretary may 
increase this maximum rate in each succeeding year after the initial 
year of order operation by the Consumer Price Index (cost of living) for 
California as published by the Bureau of Labor Statistics. Such increase 
shall be applied to all kiwifruit 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.

[49 FR 39658, Oct. 10, 1984, as amended at 57 FR 1220, Jan. 12, 1992]