§7445 Assessments

Summary

Collect an assessment on every canola or rapeseed grown and sold in the United States. The fee must be taken out of the payment a producer gets when a first purchaser buys the crop. If a person processes and then markets their own canola or rapeseed or products, that person must pay the same assessment to the Board or to a certified State organization. Only one assessment may be charged on any crop. First purchasers must send the money to the Board. The Board will use one certified State organization in each State to collect the assessments, unless there is no certified group in a State, in which case the Board collects it. The first assessment rate is 4 cents per hundredweight. The Board can ask to raise it to no more than 10 cents per hundredweight, and any increase above 10 cents needs approval in a referendum after the initial vote. Producers who take part in a certified State program can get up to a 2-cent-per-hundredweight credit. The Board, with the Secretary’s approval, sets late payment charges. While the Board waits for the referendum, it must put 10 percent of the assessments collected into an escrow account for refunds. A producer who paid the assessment but does not support the program can ask for a refund before the referendum, following the Board’s rules and proof requirements. If the plan is approved, the escrow funds go back to the Board for use.