[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: 7CFR927.41]

[Page 219-220]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 927_PEARS GROWN IN OREGON AND WASHINGTON--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec.  927.41  Assessments.

    (a) Assessments will be levied only upon handlers who first handle 
pears. Each handler shall pay assessments on all pears handled by such 
handler as the pro rata share of the expenses which the Secretary finds 
are reasonable and likely to be incurred by the Fresh Pear Committee or 
the Processed Pear Committee during a fiscal period. The payment of 
assessments for the maintenance and functioning of the Fresh Pear 
Committee or the Processed Pear Committee may be required under this 
part throughout the period such assessments are payable irrespective of 
whether particular provisions thereof are suspended or become 
inoperative.
    (b)(1) Based upon a recommendation of the Fresh Pear Committee or 
other available data, the Secretary shall fix three base rates of 
assessment for pears that handlers shall pay on pears handled for the 
fresh market during each fiscal period. Such base rates shall include 
one rate of assessment for any or all varieties or subvarieties of pears 
classified as summer/fall; one rate of assessment for any or all 
varieties or subvarieties of pears, classified as winter; and one rate 
of assessment for any or all varieties or subvarieties of pears 
classified as other. Upon recommendation of the Fresh Pear Committee or 
other available data, the Secretary may also fix supplemental rates of 
assessment on individual varieties or subvarieties categorized within 
the assessment classifications in this paragraph (b)(1) to secure 
sufficient funds

[[Page 220]]

to provide for projects authorized under Sec.  927.47. At any time 
during the fiscal period when it is determined on the basis of a Fresh 
Pear Committee recommendation or other information that different rates 
are necessary for fresh pears or for any varieties or subvarieties, the 
Secretary may modify those rates of assessment and such new rate shall 
apply to any or all varieties or subvarieties that are shipped during 
the fiscal period for fresh market.
    (2) Based upon a recommendation of the Processed Pear Committee or 
other available data, the Secretary shall fix three base rates of 
assessment for pears that handlers shall pay on pears handled for 
processing during each fiscal period. Such base rates shall include one 
rate of assessment for any or all varieties or subvarieties of pears 
classified as summer/fall; one rate of assessment for any or all 
varieties or subvarieties of pears, classified as winter; and one rate 
of assessment for any or all varieties or subvarieties of pears 
classified as other. Upon recommendation of the Processed Pear Committee 
or other available data, the Secretary may also fix supplemental rates 
of assessment on individual varieties or subvarieties categorized within 
the assessment classifications defined in paragraph (b)(1) of this 
section to secure sufficient funds to provide for projects authorized 
under Sec.  927.47. At any time during the fiscal period when it is 
determined on the basis of a Processed Pear Committee recommendation or 
other information that different rates are necessary for pears for 
processing or for any varieties or subvarieties, the Secretary may 
modify those rates of assessment and such new rate shall apply to any or 
all varieties or subvarieties of pears that are shipped during the 
fiscal period for processing.
    (c) Based on the recommendation of the Fresh Pear Committee, the 
Processed Pear Committee or other available data, the Secretary may 
establish additional base rates of assessments, or change or modify the 
base rate classifications defined in paragraphs (a) and (b) of this 
section.
    (d) The Fresh Pear Committee or the Processed Pear Committee may 
impose a late payment charge on any handler who fails to pay any 
assessment within the time prescribed. In the event the handler 
thereafter fails to pay the amount outstanding, including the late 
payment charge, within the prescribed time, the Fresh Pear Committee or 
the Processed Pear Committee may impose an additional charge in the form 
of interest on such outstanding amount. The Fresh Pear Committee or the 
Processed Pear Committee, with the approval of the Secretary, shall 
prescribe the amount of such late payment charge and rate of interest.
    (e) In order to provide funds to carry out the functions of the 
Fresh Pear Committee or the Processed Pear Committee prior to 
commencement of shipments in any season, handlers may make advance 
payments of assessments, which advance payments shall be credited to 
such handlers and the assessments of such handlers shall be adjusted so 
that such assessments are based upon the quantity of each variety or 
subvariety of pears handled by such handlers during such season. 
Further, payment discounts may be authorized by the Fresh Pear Committee 
or the Processed Pear Committee upon the approval of the Secretary to 
handlers making such advance assessment payments.