§6007 Assessments

Summary

Charge a fee on every pecan grown in or imported into the United States that is marketed. The fee also must be taken out of the payment to a grower when pecans are sold to the first buyer. Only one fee can be charged for any lot of pecans. The people who must send the fees to the Board are the first handlers and the importers. First handlers who are not grower-shellers must send fees by the last day of the month after the month they bought or sold the pecans. Grower-shellers should, when possible, pay in three equal parts on January 31, March 31, and May 10 (or other dates the Board and Secretary approve). Importers pay when the pecans enter the United States. The Board recommends the per-pound fee and the Secretary approves it. Until the referendum is held, the fee may not be more than one-half cent per pound for in-shell pecans. After that period, the fee may not be more than 2 cents per pound for in-shell pecans. Shelled pecans are charged twice the in-shell rate. A State may request, and the Secretary may approve, a special one-quarter cent per pound in-shell fee (with the shelled rate adjusted) to fund state pecan research; the Board collects this and sends it to the State but won’t enforce collection except to give the State names and amounts. The Board, with the Secretary’s approval, sets any late-payment charge. While a new plan is in effect until the referendum, the Board must put 10 percent of collected fees into an escrow account. Growers, grower-shellers, or importers who paid fees and oppose the program can ask for one one-time refund before the referendum if the plan is not approved; refunds require proof, follow Board rules, and may be prorated if funds are limited. If the plan is approved, the escrow money goes back to the Board for use.