§ 4608. Collection of assessments; refunds

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Honey Research, Promotion, and Consumer Information Act

   Pub. L. 98–590 § 9 · 98 Stat. 3115

   Enacted · 7 U.S.C. § 4608

   Pub. L. 98–590, § 9, Oct. 30, 1984, 98 Stat. 3120

   Source evidence

   Code source credit
   Pub. L. 98–590, § 9, Oct. 30, 1984, 98 Stat. 3120

   Enacted provision · exact public law section
   Sec. 9. collection of assessments; refunds (a) Except as provided by subsections (c), (d), and (e), the first handler of honey shall be responsible for the collection from the producer, and payment to the Honey Board, of assessments authorized by this Act. (b) The first handler shall maintain a separate record on each producer’s honey so handled, including honey owned by the handler. (c) The assessment on imported honey and honey products shall be paid by the importer at the time of entry into the United States and shall be remitted to the Honey Board. (d) In any case in which a loan is made with respect to any honey under the Honey Loan Price Support Program, the Secretary shall provide that the assessment shall be deducted from the proceeds of the loan and that the amount of such assessment shall be forwarded to the Honey Board. When such loan is redeemed, the Secretary shall provide the producer with proof of payment of the assessment. (e) Producer-packers shall pay to the Honey Board the assessment on the honey they produce. (f) Handlers, importers, and producer-packers responsible for payment of assessments shall maintain and make available for inspection by the Secretary such books and records as are required by the order and file reports at the times, in the manner, and having the content prescribed by the order, so that information and data shall be made available to the Honey Board and to the Secretary which is appropriate or necessary to the effectuation, administration, or enforcement of the Act or of any order or regulation issued pursuant to this Act. (g) All information obtained pursuant to subsection (f) shall be Confidentiality. kept confidential by all officers and employees of the Department of Agriculture and of the Honey Board. Only such information as the Secretary deems relevant shall be disclosed and only in a suit or administrative hearing brought at the request of the Secretary or to which the Secretary or any officer of the United States is a party involving the order with reference to which the information was furnished or acquired. Nothing in this section prohibits— (1) issuance of general statements based upon the reports of a number of handlers subject to any order, if such statements do not identify the information furnished by any person; or (2) the publication by direction of the Secretary, of the name of any person violating any order issued under this Act, together with a statement of the particular provisions of the order violated by such person. (h) Any producer or importer may obtain a refund of the assessment collected from the producer or importer if demand is made within the time and in the manner prescribed by the Honey Board and approved by the Secretary; except that, during any year, the amount of refunds made to importers, as a percentage of total assessments collected from importers, shall not exceed the amount of refunds made to domestic producers, as a percentage of total assessments collected from such producers. Such refund shall be made by the Honey Board in June and December of each year.

2. 1990

   Honey Research, Promotion, and Consumer Information Act Amendments of 1990

   Pub. L. 101–624 § 1984(b)(1) · 104 Stat. 3359

   Inserted · 7 U.S.C. § 4608(a)

   Pub. L. 101–624, § 1984(b)(1), inserted reference to subsec. (i) of this section

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–624, § 1984(b)(1), inserted reference to subsec. (i) of this section.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “and (e)” and inserting “(e), and (i)”;

3. 1990

   Honey Research, Promotion, and Consumer Information Act Amendments of 1990

   Pub. L. 101–624 § 1984(b)(2) · 104 Stat. 3359

   Amended · 7 U.S.C. § 4608(d)

   Pub. L. 101–624, § 1984(b)(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “In any case in which a loan is made with respect to any honey under the Honey Loan Price Support Program, the Secretary shall provide that the assessment shall be deducted from the proceeds of the loan and that the amount of such assessment shall be forwarded to the Honey Board. When such loan is redeemed, the Secretary shall provide the producer with proof of payment of the assessment.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–624, § 1984(b)(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “In any case in which a loan is made with respect to any honey under the Honey Loan Price Support Program, the Secretary shall provide that the assessment shall be deducted from the proceeds of the loan and that the amount of such assessment shall be forwarded to the Honey Board. When such loan is redeemed, the Secretary shall provide the producer with proof of payment of the assessment.”

   Enacted provision · exact public law section
   (2) in subsection (d) to read as follows: “(d) In any case in which a loan, or a loan deficiency payment is made with respect to honey under the honey price support loan program established under the Agricultural Act of 1949, or successor statute, the Secretary shall provide for the assessment to be deducted from the disbursement of any loan funds or from the loan deficiency payment made to the producer and for the amount of such assessment to be forwarded to the Honey Board. The Secretary shall provide for the producer to receive a statement of the amount of the assessment deducted from the loan funds or loan deficiency payment promptly after each occasion when an assessment is deducted from any such loan funds or payment under this subsection.”;

4. 1990

   Honey Research, Promotion, and Consumer Information Act Amendments of 1990

   Pub. L. 101–624 § 1984(b)(3) · 104 Stat. 3359

   Inserted · 7 U.S.C. § 4608(f)

   Pub. L. 101–624, § 1984(b)(3), inserted “, and persons receiving an exemption from assessments under section 4606(e)(2) of this title,” after “payment of assessments”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 101–624, § 1984(b)(3), inserted “, and persons receiving an exemption from assessments under section 4606(e)(2) of this title,” after “payment of assessments”.

   Enacted provision · exact public law section
   (3) in subsection (f), by inserting after “assessments” the following: “, and persons receiving an exemption from assessments under section 7(e)(2),”;

5. 1990

   Honey Research, Promotion, and Consumer Information Act Amendments of 1990

   Pub. L. 101–624 § 1984(b)(4) · 104 Stat. 3359

   1. Substituted · 7 U.S.C. § 4608(h)

      Pub. L. 101–624, § 1984(b)(4), designated existing provisions as par. (1)(A); substituted “Except as otherwise provided in paragraph (2), any” for “Any” ; added subpar. (B)

   2. Substituted · 7 U.S.C. § 4608(h)

      Pub. L. 101–624, § 1984(b)(4), designated existing provisions as par. (1)(A); substituted “an importer” for “to importers” ; added subpar. (B)

   3. Substituted · 7 U.S.C. § 4608(h)

      Pub. L. 101–624, § 1984(b)(4), designated existing provisions as par. (1)(A); substituted “from such importer” for “from importers” ; added subpar. (B)

   4. Added · 7 U.S.C. § 4608(h)

      Pub. L. 101–624, § 1984(b)(4), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 101–624, § 1984(b)(4), designated existing provisions as par. (1)(A); substituted “Except as otherwise provided in paragraph (2), any” for “Any”, “an importer” for “to importers”, and “from such importer” for “from importers”; added subpar. (B); and added par. (2).

   Enacted provision · exact public law section
   (4) in subsection (h)— (A) by striking “Any” and inserting “(1)(A) Except as otherwise provided in paragraph (2), any”; (B) by striking “to importers” and inserting “an importer”; (C) by striking “from importers” and inserting “from such importer”; and (D) by adding at the end the following: “(B) A producer that has obtained a honey price support loan under the Agricultural Act of 1949, or successor statute, may obtain a refund if the producer has submitted to the Honey Board the statement received under subsection (d) of the amount of assessment deducted from the loan funds and has otherwise complied with this subsection, even though the loan with respect to which the assessment was collected may still be outstanding and final settlement has not been made. “(2) With respect to the order in effect on the date of the enactment of this paragraph, following the referendum on such order required under section 13(b)(2), a producer or importer may obtain a refund of an assessment under such order as provided in paragraph (1) only if the Secretary determines that the proposal to terminate refunds under the order is defeated in such referendum.”; and

6. 1990

   Honey Research, Promotion, and Consumer Information Act Amendments of 1990

   Pub. L. 101–624 § 1984(b)(5) · 104 Stat. 3359

   Added · 7 U.S.C. § 4608(i)

   Pub. L. 101–624, § 1984(b)(5), added subsec. (i)

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 101–624, § 1984(b)(5), added subsec. (i).

   Enacted provision · exact public law section
   (5) by inserting after subsection (h) the following new subsection: “(i) If a first handler or the Secretary fails to collect an assessment from a producer under this section, the producer shall be responsible for the payment of the assessment to the Honey Board.”.

7. 1991

   Pub. L. 102–237 title VIII § 807(1) · 105 Stat. 1818

   Inserted · 7 U.S.C. § 4608(h)(1)(A)

   Pub. L. 102–237 inserted “to” before “an importer”

   Source evidence

   Code amendment note
   Subsec. (h)(1)(A). Pub. L. 102–237 inserted “to” before “an importer”.

   Enacted provision · exact public law section
   (1) in section 9(h) (7 U.S.C. 4608(h)), by inserting “to” before “an importer”; and

8. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 title V § 591 · 110 Stat. 888

   Inserted · 7 U.S.C. § 4608(f)

   Pub. L. 104–127 inserted “producers,” after “importers,”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 104–127 inserted “producers,” after “importers,”.

   Enacted provision · exact public law section
   SEC. 591. MAINTENANCE OF RECORDS FOR HONEY PROMOTION PROGRAM. Section 9(f) of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4608(f)) is amended by inserting “producers,” after “importers,”.

9. 1998

   Agricultural Research, Extension, and Education Reform Act of 1998

   Pub. L. 105–185 § 605(h)(1)(A) · 112 Stat. 523

   1. Added · 7 U.S.C. § 4608(a)

      Pub. L. 105–185, § 605(h)(1)(A), added subsec. (a)

   2. Struck · 7 U.S.C. § 4608(a)

      Pub. L. 105–185, § 605(h)(1)(A), struck out former subsec. (a) which read as follows: “Except as provided by subsections (c), (d), (e), and (i) of this section, the first handler of honey shall be responsible for the collection from the producer, and payment to the Honey Board, of assessments authorized by this chapter.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–185, § 605(h)(1)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: “Except as provided by subsections (c), (d), (e), and (i) of this section, the first handler of honey shall be responsible for the collection from the producer, and payment to the Honey Board, of assessments authorized by this chapter.”

   Enacted provision · exact public law section
   (A) by striking subsection (a) and inserting the following: “(a) Handlers.— Except as otherwise provided in this section, a first handler of honey shall be responsible, at the time of first purchase— “(1) for the collection, and payment to the Honey Board, of the assessment payable by a producer under section 7(e)(2)(A) or, if approved in a referendum conducted under this Act, under section 7(e)(3)(A)(i); and “(2) if approved in a referendum conducted under this Act, for the payment to the Honey Board of an additional assessment payable by the handler under section 7(e)(3)(A)(ii).”;

10. 1998

    Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 § 605(h)(1)(B) · 112 Stat. 523

    1. Added · 7 U.S.C. § 4608(c)

       Pub. L. 105–185, § 605(h)(1)(B), added subsec. (c)

    2. Struck · 7 U.S.C. § 4608(c)

       Pub. L. 105–185, § 605(h)(1)(B), struck out former subsec. (c) which read as follows: “The assessment on imported honey and honey products shall be paid by the importer at the time of entry into the United States and shall be remitted to the Honey Board.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–185, § 605(h)(1)(B), added subsec. (c) and struck out former subsec. (c) which read as follows: “The assessment on imported honey and honey products shall be paid by the importer at the time of entry into the United States and shall be remitted to the Honey Board.”

    Enacted provision · exact public law section
    (B) by striking subsection (c) and inserting the following: “(c) Importers.— Except as otherwise provided in this section, at the time of entry of honey and honey products into the United States, an importer shall remit to the Honey Board through the United States Customs Service— “(1) the assessment on the imported honey and honey products required under section 7(e)(2)(B); or “(2) if approved in a referendum conducted under this Act, the assessment on the imported honey and honey products required under section 7(e)(3)(B), of which the amount payable under section 7(e)(3)(A)(ii) represents the assessment due from the handler to be paid by the importer on behalf of the handler.”; and

11. 1998

    Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 § 605(h)(1)(C) · 112 Stat. 523

    1. Added · 7 U.S.C. § 4608(e)

       Pub. L. 105–185, § 605(h)(1)(C), added subsec. (e)

    2. Struck · 7 U.S.C. § 4608(e)

       Pub. L. 105–185, § 605(h)(1)(C), struck out former subsec. (e) which read as follows: “Producer-packers shall pay to the Honey Board the assessment on the honey they produce.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–185, § 605(h)(1)(C), added subsec. (e) and struck out former subsec. (e) which read as follows: “Producer-packers shall pay to the Honey Board the assessment on the honey they produce.”

    Enacted provision · exact public law section
    (C) by striking subsection (e) and inserting the following: “(e) Producer-Packers.— Except as otherwise provided in this section, a producer-packer shall be responsible for the collection, and payment to the Honey Board, of— “(1) the assessment payable by the producer-packer under section 7(e)(2)(A) or, if approved in a referendum conducted under this Act, under section 7(e)(3)(A)(i) on honey produced by the producer-packer; “(2) at the time of first purchase, the assessment payable by a producer under section 7(e)(2)(A) or, if approved in a referendum conducted under this Act, under section 7(e)(3)(A)(i) on honey purchased by the producer-packer as a first handler; and “(3) if approved in a referendum conducted under this Act, an additional assessment payable by the producer-packer under section 7(e)(3)(A)(ii).”.

12. 1998

    Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 § 605(h)(2) · 112 Stat. 523

    1. Added · 7 U.S.C. § 4608(f)

       Pub. L. 105–185, § 605(h)(2), added subsec. (f)

    2. Struck · 7 U.S.C. § 4608(f)

       Pub. L. 105–185, § 605(h)(2), struck out former subsec. (f) which read as follows: “Handlers, importers, producers, and producer-packers responsible for payment of assessments, and persons receiving an exemption from assessments under section 4606(e)(2) of this title, shall maintain and make available for inspection by the Secretary such books and records as are required by the order and file reports at the times, in the manner, and having the content prescribed by the order, so that information and data shall be made available to the Honey Board and to the Secretary which is appropriate or necessary to the effectuation, administration, or enforcement of the chapter or of any order or regulation issued pursuant to this chapter.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 105–185, § 605(h)(2), added subsec. (f) and struck out former subsec. (f) which read as follows: “Handlers, importers, producers, and producer-packers responsible for payment of assessments, and persons receiving an exemption from assessments under section 4606(e)(2) of this title, shall maintain and make available for inspection by the Secretary such books and records as are required by the order and file reports at the times, in the manner, and having the content prescribed by the order, so that information and data shall be made available to the Honey Board and to the Secretary which is appropriate or necessary to the effectuation, administration, or enforcement of the chapter or of any order or regulation issued pursuant to this chapter.”

    Enacted provision · exact public law section
    (2) Inspection; books and records.— Section 9 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4608) is amended by striking subsection (f) and inserting the following: “(f) Inspection; Books and Records.— “(1) In general.— To make available to the Secretary and the Honey Board such information and data as are necessary to carry out this Act (including an order or regulation issued under this Act), a handler, importer, producer, or producer-packer responsible for payment of an assessment under this Act, and a person receiving an exemption from an assessment under section 7(e)(4), shall— “(A) maintain and make available for inspection by the Secretary and the Honey Board such books and records as are required by the order and regulations issued under this Act; and “(B) file reports at the times, in the manner, and Reports. having the content prescribed by the order and regulations, which reports shall include the total number of bee colonies maintained, the quantity of honey produced, and the quantity of honey and honey products handled or imported. “(2) Employee or agent.— To conduct an inspection or review a report of a handler, importer, producer, or producer-packer under paragraph (1), an individual shall be an employee or agent of the Department or the Honey Board, and shall not be a member or alternate member of the Honey Board. “(3) Confidentiality.— An employee or agent described in paragraph (2) shall be subject to the confidentiality requirements of subsection (g).”.

13. 1998

    Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 § 605(h)(3) · 112 Stat. 523

    1. Added · 7 U.S.C. § 4608(g)

       Pub. L. 105–185, § 605(h)(3), added subsec. (g)

    2. Struck · 7 U.S.C. § 4608(g)

       Pub. L. 105–185, § 605(h)(3), struck out former subsec. (g) which read as follows: “All information obtained pursuant to subsection (f) of this section shall be kept confidential by all officers and employees of the Department of Agriculture and of the Honey Board. Only such information as the Secretary deems relevant shall be disclosed and only in a suit or administrative hearing brought at the request of the Secretary or to which the Secretary or any officer of the United States is a party involving the order with reference to which the information was furnished or acquired. Nothing in this section prohibits—

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 105–185, § 605(h)(3), added subsec. (g) and struck out former subsec. (g) which read as follows: “All information obtained pursuant to subsection (f) of this section shall be kept confidential by all officers and employees of the Department of Agriculture and of the Honey Board. Only such information as the Secretary deems relevant shall be disclosed and only in a suit or administrative hearing brought at the request of the Secretary or to which the Secretary or any officer of the United States is a party involving the order with reference to which the information was furnished or acquired. Nothing in this section prohibits—

    “(1) issuance of general statements based upon the reports of a number of handlers subject to any order, if such statements do not identify the information furnished by any person; or “(2) the publication by direction of the Secretary, of the name of any person violating any order issued under this chapter, together with a statement of the particular provisions of the order violated by such person.”

    Enacted provision · exact public law section
    (3) Confidentiality of information; disclosure.— Section 9 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4608) is amended by striking subsection (g) and inserting the following: “(g) Confidentiality of Information; Disclosure.— “(1) In general.— All information obtained under subsection (f) shall be kept confidential by all officers, employees, and agents of the Department or of the Honey Board. “(2) Disclosure.— Information subject to paragraph (1) may be disclosed— “(A) only in a suit or administrative hearing brought at the request of the Secretary, or to which the Secretary or any officer of the United States is a party, that involves the order with respect to which the information was furnished or acquired; and “(B) only if the Secretary determines that the information is relevant to the suit or administrative hearing. “(3) Exceptions.— Nothing in this subsection prohibits— “(A) the issuance of general statements based on the reports of a number of handlers subject to an order, if the statements do not identify the information furnished by any person; or “(B) the publication, by direction of the Secretary, of the name of any person that violates any order issued under this Act, together with a statement of the particular provisions of the order violated by the person. “(4) Violation.— Any person that knowingly violates this subsection, on conviction— “(A) shall be fined not more than $1,000, imprisoned not more than 1 year, or both; and “(B) if the person is an officer or employee of the Honey Board or the Department, shall be removed from office.”.

14. 1998

    Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 § 605(h)(4) · 112 Stat. 523

    1. Added · 7 U.S.C. § 4608(h)

       Pub. L. 105–185, § 605(h)(4), (5), added subsec. (h)

    2. Struck · 7 U.S.C. § 4608(h)

       Pub. L. 105–185, § 605(h)(4), (5), struck out former subsec. (h) which read as follows: “(h)(1)(A) Except as otherwise provided in paragraph (2), any producer or importer may obtain a refund of the assessment collected from the producer or importer if demand is made within the time and in the manner prescribed by the Honey Board and approved by the Secretary; except that, during any year, the amount of refunds made to an importer, as a percentage of total assessments collected from such importer, shall not exceed the amount of refunds made to domestic producers, as a percentage of total assessments collected from such producers. Such refund shall be made by the Honey Board in June and December of each year

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 105–185, § 605(h)(4), (5), added subsec. (h) and struck out former subsec. (h) which read as follows: “(h)(1)(A) Except as otherwise provided in paragraph (2), any producer or importer may obtain a refund of the assessment collected from the producer or importer if demand is made within the time and in the manner prescribed by the Honey Board and approved by the Secretary; except that, during any year, the amount of refunds made to an importer, as a percentage of total assessments collected from such importer, shall not exceed the amount of refunds made to domestic producers, as a percentage of total assessments collected from such producers. Such refund shall be made by the Honey Board in June and December of each year.

    “(B) A producer that has obtained a honey price support loan under the Agricultural Act of 1949, or successor statute, may obtain a refund if the producer has submitted to the Honey Board the statement received under subsection (d) of this section of the amount of assessment deducted from the loan funds and has otherwise complied with this subsection, even though the loan with respect to which the assessment was collected may still be outstanding and final settlement has not been made. “(2) With respect to the order in effect on November 28, 1990, following the referendum on such order required under section 4612(b)(2) of this title, a producer or importer may obtain a refund of an assessment under such order as provided in paragraph (1) only if the Secretary determines that the proposal to terminate refunds under the order is defeated in such referendum.”

    Enacted provision · exact public law section
    (4) Refunds.— Section 9 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4608) is amended by striking subsection (h).

15. 1998

    Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 § 605(h)(6) · 112 Stat. 523

    1. Inserted · 7 U.S.C. § 4608(i)

       Pub. L. 105–185, § 605(h)(6), inserted subsec. heading

    2. Amended · 7 U.S.C. § 4608(i)

       Pub. L. 105–185, § 605(h)(6), designated existing provisions as par. (1)

    3. Inserted · 7 U.S.C. § 4608(i)

       Pub. L. 105–185, § 605(h)(6), inserted par. heading

    4. Added · 7 U.S.C. § 4608(i)

       Pub. L. 105–185, § 605(h)(6), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 105–185, § 605(h)(6), inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, and added par. (2).

    Enacted provision · exact public law section
    (6) Liability for assessments.— Section 9(i) of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4608(i)) is amended— (A) by striking “(i) If” and inserting the following: “(i) Liability for Assessments.— “(1) Producers.— If”; and (B) by adding at the end the following: “(2) Importers.— If the United States Customs Service fails to collect an assessment from an importer or an importer fails to pay an assessment at the time of entry of honey and honey products into the United States under this section, the importer shall be responsible for the remission of the assessment to the Honey Board.”.

27 of 27 references resolved to an enrolled provision