7 U.S.C. § 6409: Assessments

Summary

Each fluid milk processor must pay a fee on every unit of fluid milk product they process and sell in consumer-sized packages in the United States. The fee rate is 20 cents per hundredweight of milk, unless section 6415(b) says otherwise. No more than one fee under this law can be charged for the same unit of milk. Producer-handlers who already pay the charge required under section 4504(g) and who act as fluid milk processors must also pay this additional fee. These fees must be sent to the Board under the order and Secretary’s rules. Processors must pay by the last day of the month after the month the milk was marketed. Market administrators, State regulators, and local and State Agricultural Stabilization and Conservation Service offices will verify the payments as the Secretary requires.

Title 7, §6409

Agriculture, Source: USLM XML via OLRC

(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.

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