[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: 7CFR928.41]

[Page 233]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 928_PAPAYAS GROWN IN HAWAII--Table of Contents
 
                    Subpart_Order Regulating Handing
 
Sec.  928.41  Assessments.

    (a) Each person who first handles papayas shall, with respect to the 
papayas so handled by him, pay to the committee upon demand such 
person's pro rate share of the expenses which the Secretary finds are 
reasonable and likely to be incurred by the committee during each fiscal 
year. Each such person's share of such expenses shall be equal to the 
ratio between the total quantity of papayas handled by him as the first 
handler thereof during the applicable fiscal year and the total quantity 
of papayas so handled by all persons during the same fiscal year. 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 year, 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 expenses shall be applied to 
all papayas handled during the applicable fiscal year. In order to 
provide funds for the administration of the provisions of this part 
during the first part of a fiscal year 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. Assessments not paid within a period 
of time prescribed by the committee may be made subject to interest or 
late payment charges, 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. When such interest or late payment charges 
are in effect, they shall be applied to all assessments not paid within 
the prescribed period of time.

[36 FR 8925, May 15, 1971, as amended at 53 FR 864, Jan. 14, 1988]