PUBLIC LAW 104-127—APR. 4, 1996 110 STAT. 1057 producers under section 535(b)(6) to collect the assessments. If an appropriate certified State organization does not exist to collect an assessment, the assessment shall be collected by the Board. There shall be only 1 certified State organization in each State. (2) TIMES TO REMIT ASSESSMENT.—Each first purchaser shall remit the assessment to the Board as provided for in the order. (d) ASSESSMENT RATE.— (1) INITIAL RATE. —The initial assessment rate shall be 4 cents per hundredweight of canola or rapeseed produced and marketed. (2) INCREASE.— The assessment rate may be increased on recommendation by the Board to a rate not exceeding 10 cents per hundredweight of canola or rapeseed produced and marketed in a State, unless— (A) after the initial referendum is held under section 537(a), the Board recommends an increase above 10 cents per hundredweight; and (B) the increase is approved in a referendum under section 537(b). (3) CREDIT.— ^A producer who demonstrates to the Board that the producer is participating in a program of a State organization certified to represent producers under section 535(b)(6) shall receive credit, in determining the assessment due from the producer, for contributions to the program of up to 2 cents per hundredweight of canola or rapeseed marketed. (e) LATE PAYMENT CHARGE. — (1) IN GENERAL.— T here shall be a late payment charge imposed on any person who fails to remit, on or before the date provided for in the order, to the Board the total amount for which the person is liable. (2) AMOUNT OF CHARGE. — The amount of the late payment charge imposed under paragraph (1) shall be prescribed by the Board with the approval of the Secretary. (f) REFUND OF ASSESSMENTS FROM ESCROW ACCOUNT. — (1) ESTABLISHMENT OF ESCROW ACCOUNT. — During the period beginning on the date on which an order is first issued under section 534(b)(3) and ending on the date on which a referendum is conducted under section 537(a), the Board shall— (A) establish and maintain an escrow account to be used for assessment refunds; and (B) place funds in the account in accordance with paragraph (2). (2) PLACEMENT OF FUNDS IN ACCOUNT.— The Board shall place in the account, from assessments collected during the period referred to in paragraph (1), an amount equal to the product obtained by multiplying the total amount of assessments collected during the period by 10 percent. (3) RIGHT TO RECEIVE REFUND. —The Board shall refund to a producer the assessments paid by or on behalf of the producer if— (A) the producer is required to pay the assessment; (B) the producer does not support the program established under this subtitle; and
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