[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: 7CFR945.42]

[Page 340]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 945_IRISH POTATOES GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, 
 
                    Subpart_Order Regulating Handling
 
Sec.  945.42  Assessments.

    (a) The funds to cover the committee's expenses pursuant to Sec.  
945.40 shall be acquired by the levying of assessments upon handlers as 
provided in this subpart. Each handler who ships potatoes as the first 
handler thereof shall pay assessments to the committee upon demand, 
which assessments shall be in payment of such handler's pro rata share 
of such expenses.
    (b) Assessments shall be levied upon handlers at a rate per 
hundredweight of potatoes or equivalent established by the Secretary. 
Such rate may be established upon the basis of the committee's budget 
recommendations, and other available information.
    (c) At any time during or subsequent to a given fiscal period, the 
committee may recommend the approval of an amended budget and an 
increase in the rate of assessment. Upon the basis of such 
recommendation, or other available information, the Secretary may 
approve an amended budget and increase the rate of assessment. Such 
increase shall be applicable to all potatoes assessable under this part 
and handled by the first handler thereof during such fiscal period.
    (d) The committee may impose a late payment charge or an interest 
charge, or both, on any handler who fails to pay, on or before the due 
date established by the Secretary, the total assessment for which such 
handler is liable. Such due date and the late payment fee and interest 
rate shall be recommended by the committee and approved by the 
Secretary.
    (e) In order to provide funds to carry out its function, after the 
effective date of this subpart the committee may accept advance 
assessments from handlers. Advance assessments received from a handler 
shall be credited toward assessments levied against that handler during 
that fiscal period. In the case of an extreme emergency, the committee 
may also borrow money on a short term basis to provide funds for the 
administration of this part. Any such borrowed money shall only be used 
to meet the committee's current financial obligations, and the committee 
shall repay all borrowed money by the end of the next fiscal period from 
assessment income.

[23 FR 5709, July 30, 1958. Redesignated at 26 FR 12751, Dec. 30, 1961. 
Amended at 60 FR 29727, June 5, 1995]