Page:United States Statutes at Large Volume 104 Part 5.djvu/538

 104 STAT. 3860 PUBLIC LAW 101-624—NOV. 28, 1990 (1) COLLECTION AND PAYMENT. — (A) IN GENERAL.— The order shall provide that each first handler of mushrooms for the domestic fresh market produced in the United States shall collect, in the manner prescribed by the order, assessments from producers and remit the assessments to the Council. (B) IMPORTERS. —The order also shall provide that each importer of mushrooms for the domestic fresh market shall pay assessments to the Council in the manner prescribed by the order. (C) DIRECT MARKETING. —Any person marketing mushrooms of that person's own production directly to consumers shall remit the assessments on such mushrooms directly to the Council in the manner prescribed in the order. (2) RATE OF ASSESSMENT. — The rate of assessment shall be determined and announced by the Council and may be changed by the Council at any time. The order shall provide that the rate of assessment— (A) for the first year of the order, may not exceed onequarter cent per pound of mushrooms; (B) for the second year of the order, may not exceed onethird cent per pound of mushrooms; (C) for the third year of the order, may not exceed onehalf cent per pound of mushrooms; and (D) for the following years of the order, may not exceed one cent per pound of mushrooms. (3) USE OF ASSESSMENTS. — The order shall provide that the assessments shall be used for payment of the expenses in implementing and administering this subtitle, with provision for a reasonable reserve, and to cover those administrative costs incurred by the Secretary in implementing and administering this subtitle, except for the salaries of Government employees incurred in conducting referenda. (4) LIMITATION ON COLLECTION.— No assessment may be collected on mushrooms that a first handler certifies will be exported as mushrooms. (h) PROHIBITION.—The order shall prohibit any funds received by the Council under the order from being used in any manner for the purpose of influencing legislation or government action or policy, except that such funds may be used by the Council for the development and recommendation to the Secretary of amendments to the order as prescribed in this subtitle and for the submission to the Secretary of recommended voluntary grade and quality standards for mushrooms under the Agricultural Marketing Act of 1946 (7 U.S.C.1621et seq.). (i) BOOKS AND RECORDS. — (1) IN GENERAL.—The order shall require that each first handler and importer of mushrooms maintain, and make available for inspection, such books and records as may be required by the order and file reports at the time, in the manner, and having the content prescribed by the order. (2) AVAILABILITY TO SECRETARY. — Such information shall be made available to the Secretary as is appropriate for the administration or enforcement of this subtitle, the order, or any regulation issued under this subtitle. (3) CONFIDENTIALITY. —

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