---
kind: "section"
citation: "7 U.S.C. § 4809"
title: "7"
title_heading: "Agriculture"
number: "4809"
heading: "Assessments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/4809"
units:
  - "Chapter 79 — Pork Promotion, Research, and Consumer Information"
---

# §4809. Assessments

- (a) **Collection and remission to Board; persons required to pay—**
  - (1) The [order](/usc/7/4802.md?p=6) shall provide that, not later than 30 days after the effective date of the [order](/usc/7/4802.md?p=6) under [section 4805(c) of this title](/usc/7/4805.md?p=c) an assessment shall be paid, in the manner prescribed in the [order](/usc/7/4802.md?p=6). Upon the appointment of the [Board](/usc/7/4802.md?p=1), the assessments held in escrow shall be distributed to the [Board](/usc/7/4802.md?p=1). Except as provided in [paragraph (3)](#a-3), assessments shall be payable by—
    - (A) each [producer](/usc/7/4802.md?p=11) for each [porcine animal](/usc/7/4802.md?p=8) described in subparagraph (A) or (C) of [section 4802(8) of this title](/usc/7/4802.md?p=8) produced in the United States that is sold or slaughtered for sale;
    - (B) each [producer](/usc/7/4802.md?p=11) for each [porcine animal](/usc/7/4802.md?p=8) described in subsection[^1] [4802(8)(B)](/usc/7/4802.md?p=8-B) of this title that is sold; and
    - (C) each [importer](/usc/7/4802.md?p=5) for each [porcine animal](/usc/7/4802.md?p=8), [pork](/usc/7/4802.md?p=9), or [pork product](/usc/7/4802.md?p=10) that is [imported](/usc/7/4802.md?p=4) into the United States.
  - (2) Such assessment shall be collected and remitted to the [Board](/usc/7/4802.md?p=1) once it is appointed pursuant to [section 4808 of this title](/usc/7/4808.md), but, until that time, to the [Secretary](/usc/7/4802.md?p=14), who shall promptly proceed to distribute the funds received by him in accordance with the provisions of [subsection (c)](#c), except that the [Secretary](/usc/7/4802.md?p=14) shall retain the funds to be received by the [Board](/usc/7/4802.md?p=1) until such time as the [Board](/usc/7/4802.md?p=1) is appointed pursuant to [section 4808 of this title](/usc/7/4808.md), by—
    - (A) in the case of [subparagraph (A)](#a-1-A) of paragraph (1), the purchaser of the [porcine animal](/usc/7/4802.md?p=8) referred to in such subparagraph;
    - (B) in the case of [subparagraph (B)](#a-1-B) of paragraph (1), the [producer](/usc/7/4802.md?p=11) of the [porcine animal](/usc/7/4802.md?p=8) referred to in such subparagraph; and
    - (C) in the case of [subparagraph (C)](#a-1-C) of paragraph (1), the [importer](/usc/7/4802.md?p=5) referred to in such subparagraph.
  - (3) A [person](/usc/7/4802.md?p=7) is not required to pay an assessment for a [porcine animal](/usc/7/4802.md?p=8), [pork](/usc/7/4802.md?p=9), or [pork product](/usc/7/4802.md?p=10) under [paragraph (1)](#a-1) if such [person](/usc/7/4802.md?p=7) proves to the [Board](/usc/7/4802.md?p=1) that an assessment was paid previously under such paragraph by a [person](/usc/7/4802.md?p=7) for such [porcine animal](/usc/7/4802.md?p=8) (of the same category described in subparagraph (A), (B), or (C) of [section 4802(8) of this title](/usc/7/4802.md?p=8)), [pork](/usc/7/4802.md?p=9), or [pork product](/usc/7/4802.md?p=10).
- (b) **Rate of assessment; increase; waiver of collection of assessment—**
  - (1) Except as provided in [paragraph (2)](#b-2), the rate of assessment prescribed by the initial [order](/usc/7/4802.md?p=6) shall be the lesser of—
    - (A) 0.25 percent of the [market](/usc/7/198.md?p=1) value of the [porcine animal](/usc/7/4802.md?p=8), [pork](/usc/7/4802.md?p=9), or [pork product](/usc/7/4802.md?p=10) sold or [imported](/usc/7/4802.md?p=4); or
    - (B) an amount established by the [Secretary](/usc/7/4802.md?p=14) based on a recommendation of the [Delegate Body](/usc/7/4802.md?p=3).
  - (2) Except as provided in [paragraph (3)](#b-3), the rate of assessment in the initial [order](/usc/7/4802.md?p=6) may be increased by not more than 0.1 percent per year on recommendation of the [Delegate Body](/usc/7/4802.md?p=3).
  - (3) The rate of assessment may not exceed 0.50 percent of such [market](/usc/7/198.md?p=1) value unless—
    - (A) after the initial referendum required under [section 4811(a) of this title](/usc/7/4811.md?p=a), the [Delegate Body](/usc/7/4802.md?p=3) recommends an increase in such rate above 0.50 percent; and
    - (B) such increase is approved in a referendum conducted under [section 4811(b) of this title](/usc/7/4811.md?p=b).
  - (4)
    - (A) [Pork](/usc/7/4802.md?p=9) or [pork products](/usc/7/4802.md?p=10) [imported](/usc/7/4802.md?p=4) into the United States shall be assessed based on the equivalent value of the live [porcine animal](/usc/7/4802.md?p=8) from which such [pork](/usc/7/4802.md?p=9) or [pork products](/usc/7/4802.md?p=10) were produced, as determined by the [Secretary](/usc/7/4802.md?p=14).
    - (B) The [Secretary](/usc/7/4802.md?p=14) may waive the collection of assessments on a type of such [imported](/usc/7/4802.md?p=4) [pork](/usc/7/4802.md?p=9) or [pork products](/usc/7/4802.md?p=10) if the [Secretary](/usc/7/4802.md?p=14) determines that such collection is not practicable.
- (c) **Distribution and use—** Funds collected by the [Board](/usc/7/4802.md?p=1) from assessments collected under this section shall be distributed and used in the following manner:
  - (1)
    - (A) Each [State association](/usc/7/4802.md?p=16), shall receive an amount of funds equal to the product obtained by multiplying—
      - (i) the aggregate amount of assessments attributable to [porcine animals](/usc/7/4802.md?p=8) produced in such [State](/usc/7/4802.md?p=15) by [persons](/usc/7/4802.md?p=7) described in subsection [(a)(1)(A)](#a-1-A) and (B) minus that [State](/usc/7/4802.md?p=15)’s share of refunds determined pursuant to [paragraph (4)](#c-4) by such [persons](/usc/7/4802.md?p=7) pursuant to [section 4813 of this title](/usc/7/4813.md); and
      - (ii) a percentage applicable to such [State association](/usc/7/4802.md?p=16) determined by the [Delegate Body](/usc/7/4802.md?p=3), but in no event less than sixteen and one-half percent, or
    - (B) in the case of a [State association](/usc/7/4802.md?p=16) that was conducting a [pork](/usc/7/4802.md?p=9) [promotion](/usc/7/4802.md?p=12) 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](/usc/7/4802.md?p=15) pursuant to the [pork](/usc/7/4802.md?p=9) [promotion](/usc/7/4802.md?p=12) program in existence in such [State](/usc/7/4802.md?p=15) from July 1, 1984, to June 30, 1985, had the [porcine animals](/usc/7/4802.md?p=8), subject to assessment and to which no refund was received in such [State](/usc/7/4802.md?p=15) 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](/usc/7/4802.md?p=15) to the Council described in [paragraph (2)(A)](#c-2-A), and other national entities involved in [pork](/usc/7/4802.md?p=9) [promotion](/usc/7/4802.md?p=12), [research](/usc/7/4802.md?p=13) and [consumer information](/usc/7/4802.md?p=2).
    - (C) A [State association](/usc/7/4802.md?p=16) shall use such funds and any proceeds from the investment of such funds for financing—
      - (i) [promotion](/usc/7/4802.md?p=12), [research](/usc/7/4802.md?p=13), and [consumer information](/usc/7/4802.md?p=2) plans and projects, and
      - (ii) administrative expenses incurred in connection with such plans and projects.
  - (2)
    - (A) The National [Pork](/usc/7/4802.md?p=9) [Producers](/usc/7/4802.md?p=11) Council, a nonprofit corporation of the type described in [section 501(c)(3) of title 26](/usc/26/501.md?p=c-3) and incorporated in the [State](/usc/7/4802.md?p=15) of Iowa, shall receive an amount of funds equal to—
      - (i) 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)](#a-1) until the first day of the month following the month in which the [Board](/usc/7/4802.md?p=1) is appointed pursuant to [section 4808 of this title](/usc/7/4808.md).[^2]
      - (ii) 35 percent thereafter until the referendum is conducted pursuant to [section 4811 of this title](/usc/7/4811.md),
      - (iii) 25 percent until twelve months after the referendum is conducted, and
      - (iv) no funds thereafter except in so far as it obtains such funds from the [Board](/usc/7/4802.md?p=1) 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)](#c-4).
    - (B) The Council shall use such funds and proceeds from the investment of such funds for financing—
      - (i) [promotion](/usc/7/4802.md?p=12), [research](/usc/7/4802.md?p=13), and [consumer information](/usc/7/4802.md?p=2) plans and projects, and
      - (ii) administrative expenses of the Council.
  - (3)
    - (A) The [Board](/usc/7/4802.md?p=1) shall receive the amount of funds that remain after the distribution required under paragraphs [(1)](#c-1) and [(2)](#c-2).
    - (B) The [Board](/usc/7/4802.md?p=1) shall use such funds and any proceeds from the investment of such funds pursuant to [subsection (g)](#g) for—
      - (i) financing [promotion](/usc/7/4802.md?p=12), [research](/usc/7/4802.md?p=13), and [consumer information](/usc/7/4802.md?p=2) plans and projects in accordance with this chapter;[^4]
      - (ii) such expenses for the administration, maintenance, and functioning of the [Board](/usc/7/4802.md?p=1) as may be authorized by the [Secretary](/usc/7/4802.md?p=14);
      - (iii) accumulation of a reasonable reserve to permit an effective [promotion](/usc/7/4802.md?p=12), [research](/usc/7/4802.md?p=13), and [consumer information](/usc/7/4802.md?p=2) program to continue in years when the amount of assessments may be reduced; and
      - (iv) administrative costs incurred by the [Secretary](/usc/7/4802.md?p=14) to carry out this chapter,[^4] including any expenses incurred for the conduct of a referendum under this chapter.[^4]
  - (4)
    - (A) Each [State](/usc/7/4802.md?p=15)’s share of refunds shall be determined by multiplying the aggregate amount of refunds received by [producers](/usc/7/4802.md?p=11) in such [State](/usc/7/4802.md?p=15) by the percentage applicable to such [State](/usc/7/4802.md?p=15) pursuant to [paragraph (1)(A)(ii)](#c-1-A-ii).
    - (B) The National [Pork](/usc/7/4802.md?p=9) [Producers](/usc/7/4802.md?p=11) Council’s share of refunds shall be determined by multiplying its applicable percent of the aggregate amount of assessments by the product of—
      - (i) subtracting from the aggregate amount of refunds received by all [producers](/usc/7/4802.md?p=11) the aggregate amount of [State](/usc/7/4802.md?p=15) share or refunds in every [State](/usc/7/4802.md?p=15) determined pursuant to [subparagraph (A)](#c-4-A), and
      - (ii) adding to that sum the aggregate amount of refunds received by [importers](/usc/7/4802.md?p=5).
- (d) **Prohibited promotions—** No [promotion](/usc/7/4802.md?p=12) funded with assessments collected under this chapter may make—
  - (1) a false or misleading claim on behalf of [pork](/usc/7/4802.md?p=9) or a [pork product](/usc/7/4802.md?p=10); or
  - (2) a false or misleading statement with respect to an attribute or use of a competing product.
- (e) **Influencing legislation prohibited—** 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)](/usc/7/4911.md) and (e)(2) of title 26.
- (f) **Maintenance of books and records; audits—** The [Board](/usc/7/4802.md?p=1) shall—
  - (1) maintain such books and records, and prepare and submit to the [Secretary](/usc/7/4802.md?p=14) such reports from time to time, as may be required by the [Secretary](/usc/7/4802.md?p=14) for appropriate accounting of the receipt and disbursement of funds entrusted to the [Board](/usc/7/4802.md?p=1) or a [State association](/usc/7/4802.md?p=16), as the case may be; and
  - (2) cause a complete audit report to be submitted to the [Secretary](/usc/7/4802.md?p=14) at the end of each fiscal year.
- (g) **Investment by Board of funds collected—** The [Board](/usc/7/4802.md?p=1), with the approval of the [Secretary](/usc/7/4802.md?p=14), may invest funds collected through assessments authorized under this section, pending disbursement for a plan or project, only in—
  - (1) an obligation of the United States, or of a [State](/usc/7/4802.md?p=15) or political subdivision thereof;
  - (2) an interest-bearing account or certificate of deposit of a [bank](/usc/7/27.md?p=a) that is a member of the Federal Reserve System; or
  - (3) an obligation fully guaranteed as to principal and interest by the United States.

## Footnotes

[^1]: So in original. Probably should be “section”.
[^2]: So in original. The period probably should be a comma.
[^3]: So in original. Probably should be “section”.
[^4]: See References in Text note below.

## Source credit

(Pub. L. 99–198, title XVI, § 1620, Dec. 23, 1985, 99 Stat. 1614; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (c)(3)(B)(i), (iv), was in the original “this title” and was translated as reading “this subtitle”, meaning subtitle B of title XVI of Pub. L. 99–198, which enacted this chapter, as the probable intent of Congress.

### Amendments

1986—Subsecs. (c)(2)(A), (e). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.