---
kind: "section"
citation: "7 U.S.C. § 4908"
title: "7"
title_heading: "Agriculture"
number: "4908"
heading: "Assessment procedures"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/4908"
units:
  - "Chapter 80 — Watermelon Research and Promotion"
---

# §4908. Assessment procedures

- (a) **Persons responsible for remittance of assessments; recordkeeping; equal and unitary assessments—**
  - (1) Each [handler](/usc/7/4902.md?p=4) required to pay assessments under a plan, as provided for under [section 4906(f) of this title](/usc/7/4906.md?p=f), shall be responsible for payment to the [Board](/usc/7/4902.md?p=9), as it may direct, of the assessments. A [handler](/usc/7/4902.md?p=4) also shall collect from any [producer](/usc/7/4902.md?p=5), or shall deduct from the proceeds paid to any [producer](/usc/7/4902.md?p=5), on whose [watermelons](/usc/7/4902.md?p=3) a [producer](/usc/7/4902.md?p=5) assessment is made, the assessments required to be paid by the [producer](/usc/7/4902.md?p=5). The [handler](/usc/7/4902.md?p=4) shall remit [producer](/usc/7/4902.md?p=5) assessments to the [Board](/usc/7/4902.md?p=9) as the [Board](/usc/7/4902.md?p=9) directs. Such [handler](/usc/7/4902.md?p=4) shall maintain a separate record with respect to each [producer](/usc/7/4902.md?p=5) for whom [watermelons](/usc/7/4902.md?p=3) were handled. Such records shall indicate the total quantity of [watermelons](/usc/7/4902.md?p=3) handled by the [handler](/usc/7/4902.md?p=4), including those handled for [producers](/usc/7/4902.md?p=5) and for the [handler](/usc/7/4902.md?p=4), the total quantity of [watermelons](/usc/7/4902.md?p=3) handled by the [handler](/usc/7/4902.md?p=4) that are included under the terms of the plan, as well as those that are exempt under the plan, and such other information as may be prescribed by the [Board](/usc/7/4902.md?p=9). To facilitate the collection and payment of assessments, the [Board](/usc/7/4902.md?p=9) may designate different [handlers](/usc/7/4902.md?p=4) or classes of [handlers](/usc/7/4902.md?p=4) to recognize differences in marketing practices or procedures used in any [State](/usc/7/198.md?p=5) or area. The [handler](/usc/7/4902.md?p=4) shall be assessed an equal amount as the [producer](/usc/7/4902.md?p=5). No more than one assessment on a [producer](/usc/7/4902.md?p=5) nor more than one assessment on a [handler](/usc/7/4902.md?p=4) shall be made on any [watermelons](/usc/7/4902.md?p=3).
  - (2)
    - (A) If [importers](/usc/7/4902.md?p=6) are subject to the plan, each [importer](/usc/7/4902.md?p=6) required to pay assessments under the plan shall be responsible for payment of the assessment to the [Board](/usc/7/4902.md?p=9), as the [Board](/usc/7/4902.md?p=9) may direct.
    - (B) The assessment on imported [watermelons](/usc/7/4902.md?p=3) shall be equal to the combined rate for domestic [producers](/usc/7/4902.md?p=5) and [handlers](/usc/7/4902.md?p=4) and shall be paid by the [importer](/usc/7/4902.md?p=6) to the [Board](/usc/7/4902.md?p=9) at the time of the entry of the [watermelons](/usc/7/4902.md?p=3) into the [United States](/usc/7/4902.md?p=10).
    - (C) Each [importer](/usc/7/4902.md?p=6) required to pay assessments under the plan shall maintain a separate record that includes a record of—
      - (i) the total quantity of [watermelons](/usc/7/4902.md?p=3) imported into the [United States](/usc/7/4902.md?p=10) that are included under the terms of the plan;
      - (ii) the total quantity of [watermelons](/usc/7/4902.md?p=3) that are exempt from the plan; and
      - (iii) such other information as may be prescribed by the [Board](/usc/7/4902.md?p=9).
    - (D) No more than 1 assessment shall be made on any imported [watermelon](/usc/7/4902.md?p=3).
- (b) **Inspection of records—** [Handlers](/usc/7/4902.md?p=4) and [importers](/usc/7/4902.md?p=6) responsible for payment of assessments under [subsection (a)](#a) shall maintain and make available for inspection by the [Secretary](/usc/7/4902.md?p=1) such books and records as required by the plan and file reports at the times, in the manner, and having the content prescribed by the plan, to the end that information and data shall be made available to the [Board](/usc/7/4902.md?p=9) and to the [Secretary](/usc/7/4902.md?p=1) that is appropriate or necessary to the effectuation, administration, or enforcement of this chapter or of any plan or regulation issued under this chapter.
- (c) **Confidentiality of information; disclosure authority; general or violation statements; penalties; removal from office—** All information obtained under subsections [(a)](#a) and [(b)](#b) shall be kept confidential by all officers and employees of the Department of Agriculture and of the [Board](/usc/7/4902.md?p=9), and only such information so furnished or acquired as the [Secretary](/usc/7/4902.md?p=1) deems relevant shall be disclosed by them, and then only in a suit or administrative hearing brought at the direction, or on the request, of the [Secretary](/usc/7/4902.md?p=1), or to which the [Secretary](/usc/7/4902.md?p=1) or any officer of the [United States](/usc/7/4902.md?p=10) is a party, and involving the plan with reference to which the information to be disclosed was furnished or acquired. Nothing in this subsection shall be deemed to prohibit—
  - (1) the issuance of general statements based on the reports of a number of [handlers](/usc/7/4902.md?p=4) or [importers](/usc/7/4902.md?p=6) subject to a plan if such statements do not identify the information furnished by any [person](/usc/7/4902.md?p=2); or
  - (2) the publication by direction of the [Secretary](/usc/7/4902.md?p=1) of the name of any [person](/usc/7/4902.md?p=2) violating any plan together with a statement of the particular provisions of the plan violated by such [person](/usc/7/4902.md?p=2).

  Any such officer or employee violating the provisions of this subsection shall be subject to a fine of not more than $1,000 or imprisonment for not more than one year, or both, and shall be removed from office.


## Source credit

(Pub. L. 99–198, title XVI, § 1649, Dec. 23, 1985, 99 Stat. 1626; Pub. L. 103–189, § 8(g), Dec. 14, 1993, 107 Stat. 2262.)

## Notes

### Editorial Notes

### Amendments

1993—Subsec. (a). Pub. L. 103–189, § 8(g)(1), designated existing provisions as par. (1) and added par. (2).

Subsec. (b). Pub. L. 103–189, § 8(g)(2), inserted “and importers” after “Handlers”.

Subsec. (c)(1). Pub. L. 103–189, § 8(g)(3), inserted “or importers” after “handlers”.