Page:United States Statutes at Large Volume 61 Part 1.djvu/733

This page needs to be proofread.

61 STAT.] 80rH CONG. , 1ST SESS.-CH. 425-AUG. 1 , 1947 production area to which the order applies upon the basis of one or more or a combination of the following: The total quantity of hops available or estimated will become available for market by each pro- ducer from his production during such period; the normal'production of the acreage of hops operated by each producer during such period upon the basis of the number of acres of hops in production, and the average yield of that acreage during such period as the Secretary determines to be representative, with adjustments determined by the Secretary to be proper for age of plantings or abnormal conditions affecting yield; such normal production or historical record of any acreage for which data as to yield of hops are not available or which had no yield during such period shall be determined by the Secretary on the basis of the yields of other acreage of hops of similar charac- teristics as to productivity, subject to adjustment as just provided for. "(iii) Allotting, or providing methods for allotting, the quantity of hops which any handler may handle so that the allotment fixed for that handler shall be limited to the quantity of hops apportioned under preceding section (ii) to each respective producer of hops; such allot- ment shall constitute an allotment fixed for that handler within the meaning of subsection (5) of section 8a of this title (U. S. C., 1940 edition, title 7, sec. 608a)." SEc. 3. Section 10 (b) (2) (U. S . C., 1940 edition, title 7, sec. 610 (b) (2)) is amended to read as follows: "(2) (i) Each order relating to milk and its products issued by the Secretary under this title shall provide that each handler subject thereto shall pay to any authority or agency established under such order such handler's pro rata share (as approved by the Secretary) of such expenses as the Secretary may find will necessarily be incurred by such authority or agency, during any period specified by him, for the maintenance and functioning of such authority or agency, other than expenses incurred in receiving, handling, holding, or disposing of any quantity of milk or products thereof received, handled, held, or disposed of by such authority or agency for the benefit or account of persons other than handlers subject to such order. The pro rata share of the expenses payable by a cooperative association of producers shall be computed on the basis of the quantity of milk or product thereof covered by such order which is distributed, processed, or shipped by such cooperative association of producers. (ii) Each order relating to any other commodity or product issued by the Secretary under this title shall provide that each handler sub- ject thereto shall pay to any authority or agency established under such order such handler's pro rata share (as approved by the Secre- tary) of such expenses as the Secretary may find are reasonable and are likely to be incurred by such authority or agency, during any period specified by him, for such purposes as the Secretary may, pursuant to such order, determine to be appropriate, and for the maintenance and functioning of such authority or agency, other than expenses incurred in receiving, handling, holding, or disposing of any quantity of a com- modity received, handled, held, or disposed of by such authority or agency for the benefit or account of persons other than handlers sub- ject to such order. The pro rata share of the expenses payable by a cooperative association of producers shall be computed on the basis of the quantity of the agricultural commodity or product thereof cov- ered by such order which is distributed, processed, or shipped by such cooperative association of producers. The payment of assessments for the maintenance and functioning of such authority or agency, as pro- vided for herein, may be required under a marketing agreement or marketing order throughout the period the marketing agreement or 709 48 Stat. 674. 49 Stat. 767 . Milk, etc. Payment of han. dler's pro rata share of expenses. Computation of pro rata share payable by producers. Other commolities, etec Payment of han- dler's pro rata share of expen es. Computation of pro rata share payable by producers. Payment of asess ments.