[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: 7CFR923.42]

[Page 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.  923.42  Accounting.

    (a) If, at the end of a fiscal period, the assessments collected are 
in excess of expenses incurred, such excess shall be accounted for as 
follows:
    (1) Except as provided in paragraph (a)(2) of this section, each 
person entitled to a proportionate refund of any excess assessment shall 
be credited with such refund against the operation of the following 
fiscal period unless such person demands repayment thereof, in which 
event it shall be paid to him: Provided, That any sum paid by a person 
in excess of his pro rata share of the expenses during any fiscal period 
may be applied by the committee at the end of such fiscal period to any 
outstanding obligations due the committee from such person.
    (2) The Secretary, upon recommendation of the committee, may 
determine that it is appropriate for the maintenance and functioning of 
the committee that the funds remaining at the end of a fiscal period 
which are in excess of the expenses necessary for committee operations 
during such period may be carried over into following periods as a 
reserve. Such reserve may be established at an amount not to exceed 
approximately one fiscal period's operational expenses; and such reserve 
may be used to cover the necessary expenses of liquidation, in the event 
of termination of this part, and to cover the expenses incurred for the 
maintenance and functioning of the committee during any fiscal period 
when there is a crop failure, or during any period of suspension of any 
or all of the provisions of this part. Such reserve may also be used by 
the committee to finance its operations, during any fiscal period, prior 
to the time that assessment income is sufficient to cover such expenses; 
but any of the reserve funds so used shall be returned to the reserve as 
soon as assessment income is available for this purpose. Upon 
termination of this part, any funds not required to defray the necessary 
expenses of liquidation shall be disposed of in such manner as the 
Secretary may determine to be appropriate: Provided, That to the extent 
practical, such funds shall be returned pro rata to the persons from 
whom such funds were collected.
    (b) All funds received by the committee pursuant to the provisions 
of this part shall be used solely for the purposes specified in this 
part and shall be accounted for in the manner provided in this part. The 
Secretary may at any time require the committee and its members to 
account for all receipts and disbursements.
    (c) Upon the removal or expiration of the term of office of any 
member of the committee, such member shall account for all receipts and 
disbursements and deliver all property and funds in his possession to 
his successor in office, and shall execute such assignments and other 
instruments as may be necessary or appropriate to vest in such successor 
full title to all of the property, funds, and claims vested in such 
member pursuant to this part.