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Title 7 — Agriculture

Chapter 93 — Processor-Funded Milk Promotion Program

§ 6409. Assessments

Statutory text

(a)

In general

The order shall provide that each fluid milk processor shall pay an assessment on each unit of fluid milk product that such person processes and markets commercially in consumer-type packages in the United States.

(b)

No effect on producer prices

Such assessments shall not—

(1)

reduce the prices paid under the Federal milk marketing orders issued under section 608c of this title;

(2)

otherwise be deducted from the amounts that handlers must pay to producers for fluid milk products sold to a processor; or

(3)

otherwise be deducted from the price of milk paid to a producer by a handler, as determined by the Secretary.

(c)

Remitting assessments

(1)

In general

Assessments required under subsection (a) shall be remitted by the fluid milk processor directly to the Board in accordance with the order and regulations issued by the Secretary.

(2)

Time to remit assessment

Each processor who is responsible for the remittance of an assessment under paragraph (1) shall remit the assessment to the Board not later than the last day of the month following the month that the milk being assessed was marketed.

(3)

Verification

Remittances shall be verified by market administrators and State regulatory officials, and local and State Agricultural Stabilization and Conservation Service offices, as provided by the Secretary.

(d)

Limitation on assessments

Not more than one assessment may be assessed under this section for the purposes of this chapter on a processor for any unit of fluid milk product.

(e)

Producer-handlers

Producer-handlers that are required to pay the assessment imposed under section 4504(g) of this title, and that are fluid milk processors, shall also be responsible for the additional assessment imposed by this section.

(f)

Processor assessment rate

Except as provided in section 6415(b) of this title, the rate of assessment prescribed by the order shall be 20 cents per hundredweight of fluid milk products marketed.

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. Fluid Milk Promotion Act of 1990

    Pub. L. 101–624 title XIX § 1999J · 104 Stat. 3359

    Enacted · 7 U.S.C. § 6409

    Pub. L. 101–624, title XIX, § 1999J, Nov. 28, 1990, 104 Stat. 3921

    Source evidence

    Code source credit
    Pub. L. 101–624, title XIX, § 1999J, Nov. 28, 1990, 104 Stat. 3921

    Enacted provision · exact public law section
    SEC. 1999J. ASSESSMENTS. (a) In General.— The order shall provide that each fluid milk processor shall pay an assessment on each unit of fluid milk product that such person processes and markets commercially in consumer-type packages in the United States. (b) No Effect on Producer Prices.— Such assessments shall not— (1) reduce the prices paid under the Federal milk marketing orders issued under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937; (2) otherwise be deducted from the amounts that handlers must pay to producers for fluid milk products sold to a processor; or (3) otherwise be deducted from the price of milk paid to a producer by a handler, as determined by the Secretary. (c) Remitting Assessments.— (1) In general.— Assessments required under subsection (a) shall be remitted by the fluid milk processor directly to the Board in accordance with the order and regulations issued by the Secretary. (2) Times to remit assessment.— Each processor who is responsible for the remittance of an assessment under paragraph (1) shall remit the assessment to the Board not later than the last day of the month following the month that the milk being assessed was marketed. (3) Verification.— Remittances shall be verified by market administrators and State regulatory officials, and local and State Agricultural Stabilization and Conservation Service offices, as provided by the Secretary. (d) Limitation on Assessments.— Not more than one assessment may be assessed under this section for the purposes of this subtitle on a processor for any unit of fluid milk product. (e) Producer-Handlers.— Producer-handlers that are required to pay the assessment imposed under section 113(g) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(g)) shall also be responsible for the additional assessment imposed by this section. (f) Processor Assessment Rate.— Except as provided in section 1999P(b), the rate of assessment prescribed by the order shall be 20 cents per hundredweight of fluid milk products marketed.

  2. Fluid Milk Promotion Amendments Act of 1993

    Pub. L. 103–72 § 2(b) · 107 Stat. 717

    Inserted · 7 U.S.C. § 6409(e)

    Pub. L. 103–72 inserted “, and that are fluid milk processors,” after “section 4504(g) of this title”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–72 inserted “, and that are fluid milk processors,” after “section 4504(g) of this title”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 1999J(e) of such Act (7 U.S.C. 6409(e)) is amended by inserting after “4504(g))” the following: “, and that are fluid milk processors,”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

1993—Subsec. (e). Pub. L. 103–72 inserted “, and that are fluid milk processors,” after “section 4504(g) of this title”.

Credits

1990–1993 · 2 acts
  1. 1990Pub. L. 101–624, title XIX, § 1999J, , 104 Stat. 3921
  2. 1993Pub. L. 103–72, § 2(b), , 107 Stat. 717.
Show as published

(Pub. L. 101–624, title XIX, § 1999J, , 104 Stat. 3921; Pub. L. 103–72, § 2(b), , 107 Stat. 717.)

Parsed from the official OLRC USLM XML in data/usc_all/usc07.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t7/s6409