---
kind: "section"
citation: "7 U.S.C. § 6007"
title: "7"
title_heading: "Agriculture"
number: "6007"
heading: "Assessments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/6007"
units:
  - "Chapter 89 — Pecan Promotion and Research"
---

# §6007. Assessments

- (a) **In general—** During the effective period of a plan issued pursuant to this chapter, assessments shall be—
  - (1) levied on all [pecans](/usc/7/6002.md?p=16) produced in, and all [pecans](/usc/7/6002.md?p=16) imported into, the [United States](/usc/7/6002.md?p=26) and marketed; and
  - (2) deducted from the payment made to a [grower](/usc/7/6002.md?p=8) for all [pecans](/usc/7/6002.md?p=16) sold to a [first handler](/usc/7/6002.md?p=7).
- (b) **Limitation on assessments—** No more than one assessment may be assessed under [subsection (a)](#a) on a [grower](/usc/7/6002.md?p=8) (as remitted by a [first handler](/usc/7/6002.md?p=7)), [grower-sheller](/usc/7/6002.md?p=9), or [importer](/usc/7/6002.md?p=11), for any lot of [pecans](/usc/7/6002.md?p=16) handled or imported.
- (c) **Remitting assessments—**
  - (1) **In general—** Assessments required under [subsection (a)](#a) shall be remitted to the [Board](/usc/7/6002.md?p=1) by—
    - (A) a [first handler](/usc/7/6002.md?p=7); and
    - (B) an [importer](/usc/7/6002.md?p=11).
  - (2) **Times to remit assessment—**
    - (A) **First handlers—** Each [first handler](/usc/7/6002.md?p=7) who is not a [grower-sheller](/usc/7/6002.md?p=9) and who is required to remit an assessment under [paragraph (1)](#c-1) shall remit such assessment to the [Board](/usc/7/6002.md?p=1) no later than the last day of the month following the month that the [pecans](/usc/7/6002.md?p=16) being assessed were purchased or marketed by such [first handler](/usc/7/6002.md?p=7).
    - (B) **Grower-shellers—** Each [first handler](/usc/7/6002.md?p=7) who is a [grower-sheller](/usc/7/6002.md?p=9) and who is required to remit an assessment under [paragraph (1)](#c-1) shall remit such assessment to the [Board](/usc/7/6002.md?p=1), to the extent practicable, in payments of one-third of the total annual amount of such assessment due to the [Board](/usc/7/6002.md?p=1) on January 31, March 31, and May 10, or such dates as may be recommended by the [Board](/usc/7/6002.md?p=1) and approved by the [Secretary](/usc/7/6002.md?p=21), during the fiscal year that the [pecans](/usc/7/6002.md?p=16) being assessed were harvested.
    - (C) **Importers—** [Importers](/usc/7/6002.md?p=11) of [pecans](/usc/7/6002.md?p=16) into the [United States](/usc/7/6002.md?p=26) shall pay the assessment at the time the [pecans](/usc/7/6002.md?p=16) enter the [United States](/usc/7/6002.md?p=26) and shall remit such assessment to the [Board](/usc/7/6002.md?p=1).
- (d) **Assessment rate—**
  - (1) **In general—** Except as provided in [paragraph (2)](#d-2), assessment rates shall be recommended by the [Board](/usc/7/6002.md?p=1) and approved by the [Secretary](/usc/7/6002.md?p=21), except that the maximum assessment shall not exceed—
    - (A) during the period commencing on the effective date of the issuance of a plan and ending on the date the referendum is conducted under [section 6011(a) of this title](/usc/7/6011.md?p=a), one-half cent per pound for [in-shell pecans](/usc/7/6002.md?p=13) as determined by the [Board](/usc/7/6002.md?p=1) and approved by the [Secretary](/usc/7/6002.md?p=21); and
    - (B) after such period, 2 cents per pound for [in-shell pecans](/usc/7/6002.md?p=13).
  - (2) **Adjusting rate for shelled pecans—** The rate of assessment of [shelled pecans](/usc/7/6002.md?p=23) shall be twice the rate established for [in-shell pecans](/usc/7/6002.md?p=13) pursuant to [paragraph (1)](#d-1).
  - (3) **Special State assessment—**
    - (A) **In general—** Notwithstanding any other provision of this chapter, with the approval of the [Secretary](/usc/7/6002.md?p=21) and if authorized by [State](/usc/7/6002.md?p=25) law and requested by such [State](/usc/7/6002.md?p=25), a special assessment of one-quarter cent per pound for [in-shell pecans](/usc/7/6002.md?p=13), and an appropriate per-pound assessment for [shelled pecans](/usc/7/6002.md?p=23) as adjusted under [paragraph (2)](#d-2), shall be remitted to the [Board](/usc/7/6002.md?p=1) for the purpose of utilizing such funds by a [State](/usc/7/6002.md?p=25) [pecan](/usc/7/6002.md?p=16) marketing [board](/usc/7/6002.md?p=1) for [research](/usc/7/6002.md?p=20) projects to promote [pecans](/usc/7/6002.md?p=16) pursuant to [State](/usc/7/6002.md?p=25) law.
    - (B) **Collection and remittance—** The [Board](/usc/7/6002.md?p=1) shall collect such assessments and upon receipt of such assessments shall remit such assessments to the [State](/usc/7/6002.md?p=25), within a time period mutually agreed upon between the [State](/usc/7/6002.md?p=25) and the [Board](/usc/7/6002.md?p=1), and approved by the [Secretary](/usc/7/6002.md?p=21). In the collection of such [State](/usc/7/6002.md?p=25) assessments, neither the [Board](/usc/7/6002.md?p=1) nor the [Secretary](/usc/7/6002.md?p=21) shall in any manner enforce the collection or remittance of any such payment by producers of such [State](/usc/7/6002.md?p=25) assessments or investigate nonpayment of such [State](/usc/7/6002.md?p=25) assessments, except to provide to a [State](/usc/7/6002.md?p=25) the names of [growers](/usc/7/6002.md?p=8) from whom such assessments were collected and the respective amounts of assessments collected.
    - (C) **Regulations—** The [Secretary](/usc/7/6002.md?p=21) is authorized to make such regulations as may be necessary to carry out the provisions of this section.
- (e) **Late-payment charge—**
  - (1) **In general—** There shall be a late-payment charge imposed on any [person](/usc/7/6002.md?p=17) who fails to remit, on or before the due date established by the [Board](/usc/7/6002.md?p=1) under [subsection (c)(2)](#c-2), to the [Board](/usc/7/6002.md?p=1) the total amount for which such [person](/usc/7/6002.md?p=17) is liable.
  - (2) **Amount of charge—** The amount of the late-payment charge imposed under [paragraph (1)](#e-1) shall be prescribed by the [Board](/usc/7/6002.md?p=1) with the approval of the [Secretary](/usc/7/6002.md?p=21).
- (f) **Refund of assessments from escrow account—**
  - (1) **Establishment of escrow account—** During the period beginning on the effective date of a plan first issued under [section 6003 of this title](/usc/7/6003.md) and ending on the date the referendum is conducted under [section 6011(a) of this title](/usc/7/6011.md?p=a), the [Board](/usc/7/6002.md?p=1) shall—
    - (A) establish an escrow account to be used for assessment refunds; and
    - (B) place funds in such account in accordance with [paragraph (2)](#f-2).
  - (2) **Placement of funds in account—** The [Board](/usc/7/6002.md?p=1) shall place in such account, from assessments collected during the period referred to in [paragraph (1)](#f-1), an amount equal to the product obtained by multiplying the total amount of assessments collected during such period by 10 percent.
  - (3) **Right to receive refund—** Subject to paragraphs [(4)](#f-4), [(5)](#f-5), and [(6)](#f-6), any [grower](/usc/7/6002.md?p=8), [grower-sheller](/usc/7/6002.md?p=9), or [importer](/usc/7/6002.md?p=11) shall have the right to demand and receive from the [Board](/usc/7/6002.md?p=1) a one-time refund of assessments paid by or on behalf of such [grower](/usc/7/6002.md?p=8), [grower-sheller](/usc/7/6002.md?p=9), or [importer](/usc/7/6002.md?p=11) during the period referred to in [paragraph (1)](#f-1) if—
    - (A) such [grower](/usc/7/6002.md?p=8), [grower-sheller](/usc/7/6002.md?p=9), or [importer](/usc/7/6002.md?p=11) is required to pay such assessments;
    - (B) such [grower](/usc/7/6002.md?p=8), [grower-sheller](/usc/7/6002.md?p=9), or [importer](/usc/7/6002.md?p=11) does not support the program established under this chapter;
    - (C) such [grower](/usc/7/6002.md?p=8), [grower-sheller](/usc/7/6002.md?p=9), or [importer](/usc/7/6002.md?p=11) demands such refund prior to the conduct of the referendum under [section 6011(a) of this title](/usc/7/6011.md?p=a); and
    - (D) the plan is not approved pursuant to the referendum conducted under [section 6011(a) of this title](/usc/7/6011.md?p=a).
  - (4) **Form of demand—** Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the [Board](/usc/7/6002.md?p=1).
  - (5) **Making of refund—** Such refund shall be made on submission of proof satisfactory to the [Board](/usc/7/6002.md?p=1) that such [grower](/usc/7/6002.md?p=8), [grower-sheller](/usc/7/6002.md?p=9), or [importer](/usc/7/6002.md?p=11) paid the assessment for which refund is demanded.
  - (6) **Proration—** If—
    - (A) the amount in the escrow account required by [paragraph (1)](#f-1) is not sufficient to refund the total amount of assessments demanded by eligible [growers](/usc/7/6002.md?p=8), [grower-shellers](/usc/7/6002.md?p=9), or [importers](/usc/7/6002.md?p=11); and
    - (B) the plan is not approved pursuant to the referendum conducted under [section 6011(a) of this title](/usc/7/6011.md?p=a);

    the [Board](/usc/7/6002.md?p=1) shall prorate the amount of such refunds among all eligible [growers](/usc/7/6002.md?p=8), [grower-shellers](/usc/7/6002.md?p=9), and [importers](/usc/7/6002.md?p=11) who demand such refund.

  - (7) **Program approved—** If the plan is approved pursuant to the referendum conducted under [section 6011(a) of this title](/usc/7/6011.md?p=a), all funds in the escrow account shall be returned to the [Board](/usc/7/6002.md?p=1) for use by the [Board](/usc/7/6002.md?p=1) in accordance with this chapter.

## Source credit

(Pub. L. 101–624, title XIX, § 1912, Nov. 28, 1990, 104 Stat. 3848.)