7 U.S.C. § 4809: Assessments

each producer for each porcine animal described in subparagraph (A) or (C) of section 4802(8) of this title produced in the United States that is sold or slaughtered for sale; each producer for each porcine animal described in subsection 1 4802(8)(B) of this title that is sold; and 1 So in original. Probably should be “section”. each importer for each porcine animal, pork, or pork product that is imported into the United States. in the case of subparagraph (A) of paragraph (1), the purchaser of the porcine animal referred to in such subparagraph; in the case of subparagraph (B) of paragraph (1), the producer of the porcine animal referred to in such subparagraph; and in the case of subparagraph (C) of paragraph (1), the importer referred to in such subparagraph. A person is not required to pay an assessment for a porcine animal, pork, or pork product under paragraph (1) if such person proves to the Board that an assessment was paid previously under such paragraph by a person for such porcine animal (of the same category described in subparagraph (A), (B), or (C) of section 4802(8) of this title ), pork, or pork product. 0.25 percent of the market value of the porcine animal, pork, or pork product sold or imported; or an amount established by the Secretary based on a recommendation of the Delegate Body. Except as provided in paragraph (3), the rate of assessment in the initial order may be increased by not more than 0.1 percent per year on recommendation of the Delegate Body. after the initial referendum required under section 4811(a) of this title , the Delegate Body recommends an increase in such rate above 0.50 percent; and such increase is approved in a referendum conducted under section 4811(b) of this title . Pork or pork products imported into the United States shall be assessed based on the equivalent value of the live porcine animal from which such pork or pork products were produced, as determined by the Secretary. The Secretary may waive the collection of assessments on a type of such imported pork or pork products if the Secretary determines that such collection is not practicable. the aggregate amount of assessments attributable to porcine animals produced in such State by persons described in subsection (a)(1)(A) and (B) minus that State’s share of refunds determined pursuant to paragraph (4) by such persons pursuant to section 4813 of this title ; and a percentage applicable to such State association determined by the Delegate Body, but in no event less than sixteen and one-half percent, or in the case of a State association that was conducting a pork promotion program in the period from July 1, 1984 , to June 30, 1985 , if greater than (A) an amount of funds equal to the amount of funds that would have been collected in such State pursuant to the pork promotion program in existence in such State from July 1, 1984 , to June 30, 1985 , had the porcine animals, subject to assessment and to which no refund was received in such State in each year following December 23, 1985 , been produced from July 1, 1984 , to June 30, 1985 , and been subject to the rates of assessments then in effect and the rate of return then in effect from each State to the Council described in paragraph (2)(A), and other national entities involved in pork promotion, research and consumer information. promotion, research, and consumer information plans and projects, and administrative expenses incurred in connection with such plans and projects. 37½ percent of the aggregate amount of assessments collected under this section throughout the United States from the date assessment commences pursuant to subsection (a)(1) until the first day of the month following the month in which the Board is appointed pursuant to section 4808 of this title . 2 2 So in original. The period probably should be a comma. 35 percent thereafter until the referendum is conducted pursuant to section 4811 of this title , 25 percent until twelve months after the referendum is conducted, and no funds thereafter except in so far as it obtains such funds from the Board pursuant to sections 3 4808 or 4809 of this title, each of which amounts determined under (i), (ii), and (iii) shall be less the Council’s share of refunds determined pursuant to paragraph (4). 3 So in original. Probably should be “section”. promotion, research, and consumer information plans and projects, and administrative expenses of the Council. The Board shall receive the amount of funds that remain after the distribution required under paragraphs (1) and (2). financing promotion, research, and consumer information plans and projects in accordance with this chapter; 4 4 See References in Text note below. such expenses for the administration, maintenance, and functioning of the Board as may be authorized by the Secretary; accumulation of a reasonable reserve to permit an effective promotion, research, and consumer information program to continue in years when the amount of assessments may be reduced; and administrative costs incurred by the Secretary to carry out this chapter, 4 including any expenses incurred for the conduct of a referendum under this chapter. 4 Each State’s share of refunds shall be determined by multiplying the aggregate amount of refunds received by producers in such State by the percentage applicable to such State pursuant to paragraph (1)(A)(ii). subtracting from the aggregate amount of refunds received by all producers the aggregate amount of State share or refunds in every State determined pursuant to subparagraph (A), and adding to that sum the aggregate amount of refunds received by importers. a false or misleading claim on behalf of pork or a pork product; or a false or misleading statement with respect to an attribute or use of a competing product. No funds collected through assessments authorized by this section may, in any manner, be used for the purpose of influencing legislation, as defined in section 4911(d) and (e)(2) of title 26. maintain such books and records, and prepare and submit to the Secretary such reports from time to time, as may be required by the Secretary for appropriate accounting of the receipt and disbursement of funds entrusted to the Board or a State association, as the case may be; and cause a complete audit report to be submitted to the Secretary at the end of each fiscal year. an obligation of the United States, or of a State or political subdivision thereof; an interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System; or an obligation fully guaranteed as to principal and interest by the United States.