Title 7 — Agriculture
Chapter 93 — Processor-Funded Milk Promotion Program
§ 6409. Assessments
Statutory text
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.
No effect on producer prices
Such assessments shall not—
reduce the prices paid under the Federal milk marketing orders issued under section 608c of this title;
otherwise be deducted from the amounts that handlers must pay to producers for fluid milk products sold to a processor; or
otherwise be deducted from the price of milk paid to a producer by a handler, as determined by the Secretary.
Remitting assessments
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.
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.
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.
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.
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.
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.
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. 3921Enacted 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.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
- 1990Pub. L. 101–624, title XIX, § 1999J, , 104 Stat. 3921
- 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.)