[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: 7CFR923.41]

[Page 179-180]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 923_SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON--
 
                    Subpart_Order Regulating Handling
 
Sec.  923.41  Assessments.

    (a) Each person who first handles cherries shall, with respect to 
the cherries so handled by him, pay to the committee upon demand such 
person's pro rata share of the expenses which the Secretary finds will 
be incurred by the committee during each fiscal period. Each such 
person's share of such expenses shall be equal to the ratio between the 
total quantity of cherries handled by him as the first handler thereof 
during the applicable fiscal period and the total quantity of cherries 
so handled by all persons during the same fiscal period. 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. 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 cherries handled during the applicable fiscal period. In order to 
provide funds for the administration of the provisions of this part 
during the first part

[[Page 180]]

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 purpose.
    (c) 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 USDA 
as recommended by the committee.

[22 FR 3835, June 1, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
as amended at 66 FR 58356, Nov. 21, 2001.]