§6007 Assessments

Summary

All pecans grown in the United States or brought into the United States and then sold must have an assessment (a small fee) charged. That fee is taken out of what a grower is paid when a first handler buys the pecans. Only one assessment can be charged on any lot of pecans. First handlers and importers must send the assessments to the Pecan Board. A first handler who is not a grower-sheller must send the money by the last day of the month after the month the pecans were bought or sold. A grower-sheller should, when possible, pay one-third of the yearly amount on January 31, March 31, and May 10 (or on other dates the Board and the Secretary agree to) during the fiscal year the pecans were harvested. Importers pay the assessment when the pecans enter the United States. The Board recommends rates and the Secretary approves them. The highest allowed rate at first is one-half cent per pound for in-shell pecans until the referendum is held. After that, the maximum in-shell rate is 2 cents per pound. Shelled pecans are charged twice the in-shell rate. A State may ask for a special one-quarter cent per pound (in-shell) assessment for State pecan research, and the Board will collect it and send it to the State. The Board and Secretary may make rules. The Board can charge a late fee, with the amount set by the Board and approved by the Secretary. While the initial plan is in effect, the Board must put 10 percent of collected assessments into an escrow account for refunds. Growers, grower-shellers, or importers who paid assessments during that period can ask once for a refund before the referendum if they do not support the program and if the plan is not approved; they must use the Board’s form and prove they paid. If the plan is approved, all money in the escrow account goes back to the Board for use under the program.