Page:United States Statutes at Large Volume 104 Part 5.djvu/552

 104 STAT. 3874 PUBLIC LAW 101-624—NOV. 28, 1990 (2) PLANS.— Each budget shall include a plan for research, promotion, and consumer information regarding limes. A plan under this paragraph shall take effect on the approval of the Secretary. The Board may enter into contracts and agreements, with the approval of the Secretary, for— (A) the development and carrying out of such plan; and (B) the payment of the cost of such plan with funds collected pursuant to this subtitle. (d) ASSESSMENTS. —Such order shall provide for the imposition and collection of assessments with regard to the production and importation of limes as follows: (1) RATE.— The assessment rate shall not exceed $.01 per pound of limes. (2) COLLECTION BY FIRST HANDLERS. —Except as provided in paragraph (4), the first handler of limes shall— (A) be responsible for the collection from the producer, and payment to the Board, of assessments under this subsection; and (B) maintain a separate record of the limes of each producer whose limes are so handled, including the limes owned by the handler. (3) PRODUCER-HANDLERS. —For purposes of paragraph (2), a producer-handler shall be considered the first handler of limes produced by such producer-handler. (4) IMPORTERS. —The assessment on imported limes shall be paid by the importer at the time of entry into the United States and shall be remitted to the Board. (5) DE MINIMIS EXCEPTION. —The following persons are exempt from an assessment under this subsection— (A) a producer who produces less than 35,000 pounds of limes per year; (B) a producer-handler who produces and handles less than 35,000 pounds of limes per year; and (C) an importer who imports less than 35,000 pounds of limes per year. (6) CLAIMING AN EXEMPTION.— To claim an exemption under paragraph (5) for a particular year, a person shall submit an application to the Board— (A) stating the basis for such exemption; and (B) certifying that such person will not exceed the limitation required for such exemption in such year. (e) USE OF ASSESSMENTS. — (1) IN GENERAL. — Such order shall provide that funds paid to the Board as assessments under subsection (d)— (A) may be used by the Board to— (i) pay for research, promotion, and consumer information described in the budget of the Board under subsection (c) and for other expenses incurred by the Board in the administration of an order; (ii) pay such other expenses for the administration, maintenance, and functioning of the Board as may be authorized by the Secretary; and (iii) fund a reserve established under section 1956(4); and (B) shall be used to pay the expenses incurred by the Secretary, including salaries and expenses of government

�