Page:United States Statutes at Large Volume 104 Part 5.djvu/599

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3921 port the advertising efforts for fluid milk products, and the use of funds collected under the order for such projects and studies. (d) RESERVE FUNDS.— The order may provide authority to accumulate reserve funds from assessments collected pursuant to the order, to permit an effective and continuous coordinated program of research and advertising in years when the assessment income may be reduced, except that the total reserve fund may not exceed 25 percent of the amount budgeted for the operation in the current fiscal year of the order. (e) OTHER TERMS.— The order may contain such other terms and conditions incidental to and not inconsistent with the terms and conditions specified in this subtitle as are necessary to effectuate the other provisions of the order. SEC. 1999J. ASSESSMENTS. 7 USC 6409. (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 consumert3rpe 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 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937; (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) TIMES 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 of- fices, 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 subtitle 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 113(g) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(g)) shall also be responsible for the additional assessment imposed by this section. (f) PROCESSOR ASSESSMENT RATE. —Except as provided in section 1999P(b), the rate of assessment prescribed by the order shall be 20 cents per hundredweight of fluid milk products marketed. SEC. 1999K. PETITION AND REVIEW. 7 USC 6410. (a) PETITION.—

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