Title 7, AgricultureRelease 119-110

§7445 Assessments

Title 7 › CHAPTER 101 — AGRICULTURAL PROMOTION › SUBCHAPTER III — CANOLA AND RAPESEED › § 7445

Last updated Sep 22, 2026|Official source

Summary

Requires a fee on every canola or rapeseed produced and sold in the United States while the program is in effect. The fee is taken out of the payment to the producer by the first buyer. If a grower processes and sells their own crop, that grower must pay the same fee to the national Board or to a certified State group. Only one fee can be charged per crop. First buyers must send the fees to the Board. Certified State groups (one per State) will collect fees when they exist. The first fee rate is 4 cents per hundredweight. The Board can raise it up to 10 cents per hundredweight. A higher increase above 10 cents needs Board recommendation and approval in a referendum. Producers in a certified State program can get up to 2 cents per hundredweight credit. Late payments get a charge set by the Board with the Secretary’s approval. From the start of the order until a referendum, the Board must put 10 percent of collected fees into an escrow account for refunds. A producer who paid the fee, does not support the program, and asks for a refund before the referendum can get their fee back by following the Board’s rules and proving payment. If refund requests are more than the escrow and the plan is not approved in the referendum, refunds are split among claimants. If the plan is approved, the escrow money goes back to the Board for program use.

Full Legal Text

Title 7, §7445

Agriculture, Source: USLM XML via OLRC

(a)In general
(1)First purchasers
During the effective period of an order issued pursuant to this subchapter, assessments shall be—
(A)levied on all canola or rapeseed produced in the United States and marketed; and
(B)deducted from the payment made to a producer for all canola or rapeseed sold to a first purchaser.
(2)Direct processing
The order shall provide that any person processing canola or rapeseed of that person’s own production and marketing the canola or rapeseed, or canola or rapeseed products, shall remit to the Board or a State organization certified to represent producers under section 7444(b)(6) of this title, in the manner prescribed by the order, an assessment established at a rate equivalent to the rate provided for under subsection (d).
(b)Limitation on assessments
No more than 1 assessment may be assessed under subsection (a) on any canola or rapeseed produced (as remitted by a first purchaser).
(c)Remitting of assessments
(1)In general
Assessments required under subsection (a) shall be remitted to the Board by a first purchaser. The Board shall use State organizations certified to represent producers under section 7444(b)(6) of this title to collect the assessments. If an appropriate certified State organization does not exist to collect an assessment, the assessment shall be collected by the Board. There shall be only 1 certified State organization in each State.
(2)Times to remit assessment
Each first purchaser shall remit the assessment to the Board as provided for in the order.
(d)Assessment rate
(1)Initial rate
The initial assessment rate shall be 4 cents per hundredweight of canola or rapeseed produced and marketed.
(2)Increase
The assessment rate may be increased on recommendation by the Board to a rate not exceeding 10 cents per hundredweight of canola or rapeseed produced and marketed in a State, unless—
(A)after the initial referendum is held under section 7446(a) of this title, the Board recommends an increase above 10 cents per hundredweight; and
(B)the increase is approved in a referendum under section 7446(b) of this title.
(3)Credit
A producer who demonstrates to the Board that the producer is participating in a program of a State organization certified to represent producers under section 7444(b)(6) of this title shall receive credit, in determining the assessment due from the producer, for contributions to the program of up to 2 cents per hundredweight of canola or rapeseed marketed.
(e)Late payment charge
(1)In general
There shall be a late payment charge imposed on any person who fails to remit, on or before the date provided for in the order, to the Board the total amount for which the person is liable.
(2)Amount of charge
The amount of the late payment charge imposed under paragraph (1) shall be prescribed by the Board with the approval of the Secretary.
(f)Refund of assessments from escrow account
(1)Establishment of escrow account
During the period beginning on the date on which an order is first issued under section 7443(b)(3) of this title and ending on the date on which a referendum is conducted under section 7446(a) of this title, the Board shall—
(A)establish and maintain an escrow account to be used for assessment refunds; and
(B)place funds in the account in accordance with paragraph (2).
(2)Placement of funds in account
The Board shall place in the account, from assessments collected during the period referred to in paragraph (1), an amount equal to the product obtained by multiplying the total amount of assessments collected during the period by 10 percent.
(3)Right to receive refund
The Board shall refund to a producer the assessments paid by or on behalf of the producer if—
(A)the producer is required to pay the assessment;
(B)the producer does not support the program established under this subchapter; and
(C)the producer demands the refund prior to the conduct of the referendum under section 7446(a) of this title.
(4)Form of demand (5) Making of refund
The demand shall be made in accordance with such regulations, in such form, and within such time period as prescribed by the Board.
(6)Proration
If—
(A)the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by eligible producers; and
(B)the order is not approved pursuant to the referendum conducted under section 7446(a) of this title;
the Board shall prorate the amount of the refunds among all eligible producers who demand a refund.
(7)Program approved
If the plan is approved pursuant to the referendum conducted under section 7446(a) of this title, all funds in the escrow account shall be returned to the Board for use by the Board in accordance with this subchapter.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7445

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110