Page:United States Statutes at Large Volume 114 Part 2.djvu/902

 114 STAT. 1549A-88 PUBLIC LAW 106-387—APPENDIX not more than once annually, but in no event shall the rate of assessment be in excess of $.05 per pound. (ii) REQUIREMENTS. — Any change in the rate of assessment under this subparagraph— (I) may be made only if adopted by the Board by an affirmative vote of at least seven members of the Board and approved by the Secretary as necessary to achieve the objectives of this title (after public notice and opportunity for comment in accordance with section 553 of title 5, United States Code, and without regard to sections 556 and 557 of such title); (II) shall be announced by the Board not less than 30 days prior to going into effect; and (III) shall not be subject to a vote in a referendum conducted under section 1206. (3) COLLECTION BY FIRST HANDLERS.— Except as provided in paragraph (l)(C)(iii), the first handler of Hass avocados shall be responsible for the collection of assessments from the producer under this subsection. As part of the collection of assessments, the first handler shall maintain a separate record of the Hass avocados of each producer whose Hass avocados are so handled, including the Hass avocados produced by the first handler. (4) TIMING OF SUBMITTING ASSESSMENTS.—The order shall provide that each person required to remit assessments under this subsection shall remit to the Board the assessment due from each sale of Hass avocados that is subject to an assessment within such time period after the sale (not to exceed 60 days after the end of the month in which the sale took place) as is specified in the order. (5) CLAIMING AN EXEMPTION FROM COLLECTING ASSESS- MENTS.— To claim an exemption under section 1203(6) as an exempt handler for a particular fiscal year, a person shall submit an application to the Board— (A) stating the basis for such exemption; and (B) certifying such person will not purchase Hass avocados in the United States on which an assessment has not been paid for the current fiscal year. (6) EXCLUSION.— An order shall exclude from assessments under the order any sale of Hass avocados for export from the United States. (7) USE OF ASSESSMENT FUNDS.— The order shall provide that assessment funds shall be used for payment of costs incurred in implementing and administering the order, with provision for a reasonable reserve, and to cover the administrative costs incurred by the Secretary in implementing and administering this title, including any expenses incurred by the Secretary in conducting referenda under this title, subject to subsection (i). (8) ASSESSMENT FUNDS FOR STATE ASSOCL\TION.—The order shall provide that a State organization of avocado producers established pursuant to State law shall receive an amount equal to the product obtained by multiplying the aggregate amount of assessments attributable to the pounds of Hass avocados produced in such State by 85 percent. The State organization shall use such funds and any proceeds from the

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