[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: 7CFR947.41]

[Page 373]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 947_IRISH POTATOES GROWN IN MODOC AND SISKIYOU COUNTIES, CALIF., 
 
                    Subpart_Order Regulating Handling
 
Sec.  947.41  Assessments.

    (a) Each handler shall pay to the committee upon demand his pro rata 
share of the expenses authorized by the Secretary for each fiscal 
period. Each handler's pro rata share shall be the rate of assessment 
per hundredweight fixed by the Secretary times the quantity of potatoes 
which he handles as the first handler thereof. At any time during or 
after a fiscal period, the Secretary may increase the rate of assessment 
as necessary to cover authorized expenses. The payment of expenses for 
the maintenance and functioning of the committee may be required during 
periods when no regulations are in effect. If a handler does not pay his 
assessment within the time prescribed by the committee, the assessment 
may be increased by a late payment charge or an interest charge, at 
rates prescribed by the committee with the approval of the Secretary.
    (b) Excess funds. At the end of a fiscal period, funds in excess of 
the year's expenses shall be placed in an operating reserve not to 
exceed approximately one fiscal period's operational expenses or such 
lower limits as the committee, with the approval of the Secretary, may 
establish. Funds in such reserve shall be available for use by the 
committee for expenses authorized pursuant to Sec.  947.40. Funds in 
excess of those placed in the operating reserve shall be refunded to 
handlers. Each handler's share of such excess shall be the amount of 
assessments he paid in excess of his pro rata share of the actual 
expenses of the committee and the addition, if any, to the operating 
reserve.
    (c) Accounting of funds upon termination of order. Any money 
collected as assessments pursuant to this subpart and remaining 
unexpended in the possession of the committee after termination of this 
part shall be distributed in such manner as the Secretary may direct: 
Provided, That to the extent practical, such funds shall be returned pro 
rata to the persons from whom such funds were collected.

[35 FR 10742, July 2, 1970]

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