PUBLIC LAW 104-127—APR. 4, 1996 110 STAT. 1079 paragraph (1). The contract shall include provisions comparable to the provisions required by paragraph (2). (f) ASSESSMENTS.— (1) PROCESSORS.— The order shall provide that each processor marketing popcorn in the United States or for export shall, in the manner prescribed in the order, pay assessments and remit the assessments to the Board. (2) DIRECT MARKJETERS. — ^A processor that markets popcorn produced by the processor directly to consumers shall pay and remit the assessments on the popcorn directly to the Board in the manner prescribed in the order. (3) RATE.— (A) IN GENERAL.—The rate of assessment prescribed in the order shall be a rate established by the Board but not more than $.08 per hundredweight of popcorn. (B) ADJUSTMENT OF RATE.— The order shall provide that the Board, with the approval of the Secretary, may raise or lower the rate of assessment annually up to a maximum of $.08 per hundredweight of popcorn. (4) USE OF ASSESSMENTS.— (A) IN GENERAL.— Subject to subparagraphs (B) and (C) and subsection (c)(5), the order shall provide that the assessments collected shall be used by the Board— (i) to pay expenses incurred in implementing and administering the order, with provision for a reasonable reserve; and (ii) to cover such administrative costs as are incurred by the Secretary, except that the administrative costs incurred by the Secretary (other than any legal expenses incurred to defend and enforce the order) that may be reimbursed by the Board may not exceed 15 percent of the projected annual revenues of the Board. (B) EXPENDITURES BASED ON SOURCE OF ASSESS- MENTS. —In implementing plans and projects of promotion, research, consumer information, and industry information, the Board shall expend funds on— (i) plans and projects for popcorn marketed in the United States or Canada in proportion to the amount of assessments collected on domestically marketed popcorn; and (ii) plans and projects for exported popcorn in proportion to the amount of assessments collected on exported popcorn. (C) NOTIFICATION.— If the administrative costs incurred by the Secretary that are reimbursed by the Board exceed 10 percent of the projected annual revenues of the Board, the Secretary shall notify as soon as practicable the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (g) PROHIBITION ON USE OF FUNDS.—The order shall prohibit any funds collected by the Board under the order from being used to influence government action or policy, other than the use of funds by the Board for the development and recommendation to the Secretary of amendments to the order.
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