Page:United States Statutes at Large Volume 110 Part 1.djvu/1092

 110 STAT. 1068 PUBLIC LAW 104-127—APR. 4, 1996 (A) be responsible for the collection from the producer, and payment to the Board, of assessments required under this subsection; and (B) maintain a separate record of the kiwifruit of each producer whose kiwifruit are so handled, including the kiwifruit owned by the handler. ^ (4) IMPORTERS.— The assessment on imported kiwifruit shall be paid by the importer to the United States Customs Service at the time of entry into the United States and shall be remitted to the Board. (5) EXEMPTION FROM ASSESSMENT.— The following persons or activities are exempt from an assessment under this subsection: (A) A producer who produces less than 500 pounds of kiwifruit per year. (B) An importer who imports less than 10,000 pounds of kiwifruit per year. (C) A sale of kiwifruit made directly from the producer to a consumer for a purpose other than resale. (D) The production or importation of kiwifruit for processing. (6) CLAIM OF EXEMPTION.—To claim an exemption under paragraph (5) for a particular year, a person shall— (A) submit an application to the Board stating the basis for the exemption and certifying that the quantity of kiwifruit produced, imported, or sold by the person will not exceed any poundage limitation required for the exemption in the year; or (B) be on a list of approved processors developed by the Board. (c) USE OF ASSESSMENTS.— (1) AUTHORIZED USES. —The order shall provide that funds paid to the Board as assessments under subsection (b) may be used by the Board— (A) to pay for research, promotion, and consumer information described in the budget of the Board under subsection (a) and for other expenses incurred by the Board in the administration of an order; (B) to pay such other expenses for the administration, maintenance, and functioning of the Board (including any enforcement efforts for the collection of assessments) as may be authorized by the Secretary, including interest and penalties for late payments; and (C) to fund a reserve established under section 557(d). (2) REQUIRED USES.—The order shall provide that funds paid to the Board as assessments under subsection (b) shall be used by the Board— (A) to pay the expenses incurred by the Secretary, including salaries and expenses of Federal Government employees, in implementing and administering the order; and (B) to reimburse the Secretary for any expenses incurred by the Secretary in conducting referenda under this subtitle. (3) LIMITATION ON USE OF ASSESSMENTS. —Except for the first year of operation of the Board, expenses for the administra-

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