§6409 — Title 7 Agriculture | U.S. Code

Summary

Each fluid milk processor must pay an assessment on every unit of fluid milk they process and sell in consumer packages in the United States. The fee cannot lower prices set by federal milk marketing orders (section 608c), and it cannot be taken out of what handlers pay producers or out of the milk price paid to a producer, as the Secretary decides. Only one such assessment may be charged per unit. Processors must send payments directly to the Board under the order and rules. Payments are due by the last day of the month after the month the milk was marketed and will be checked by market administrators, state regulators, and local and state ASCS offices. Producer-handlers who must pay the section 4504(g) assessment and are fluid milk processors must also pay this assessment. The rate is 20 cents per hundredweight, except as section 6415(b) provides.

Title 7, §6409

Agriculture — Source: USLM XML via OLRC

(a)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)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)(1)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)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)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)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 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)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.

Editorial Notes

Amendments

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

§6409 Assessments

Summary

Title 7, §6409

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata