Page:United States Statutes at Large Volume 99 Part 2.djvu/505

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PUBLIC LAW 99-000—MMMM. DD, 1985

PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1615

(3) The rate of assessment may not exceed 0.50 percent of such market value unless— (A) after the initial referendum required under section 1622(a), the Delegate Body recommends an increase in such rate above 0.50 percent; and (B) such increase is approved in a referendum conducted under section 1622(b). (4)(A) Pork or pork products imported into the United States shall be assessed based on the equivalent value of the live porcine animal from which such pork or pork products were produced, as determined by the Secretary. (B) The Secretary may waive the collection of assessments on a type of such imported pork or pork products if the Secretary determines that such collection is not practicable. (c) Funds collected by the Board from assessments collected under this section shall be distributed and used in the following manner: (1)(A) Each State association, shall receive an amount of funds equal to the product obtained by multiplying— (i) the aggregate amount of assessments attributable to porcine animals produced in such State by persons described in subsection (a)(1)(A) and (B) minus that State's share of refunds determined pursuant to paragraph (4) by such persons pursuant to section 1624; and (ii) a percentage applicable to such State association determined by the Delegate Body, but in no event less than sixteen and one-half percent, or (B) in the case of a State association that was conducting a pork promotion program in the period from July 1, 1984, to June 30, 1985, if greater than (A) an amount of funds equal to the amount of funds that would have been collected in such State pursuant to the pork promotion program in existence in such State from July 1, 1984, to June 30, 1985, had the porcine animals, subject to assessment and to which no refund WEIS received in such State in each year following the enactment of this Act, been produced from July 1, 1984, to June 30, 1985, and been subject to the rates of assessments then in effect and the rate of return then in effect from each State to the Council described in paragraph (2)(A), and other national entities involved in pork promotion, research and consumer information. (C) A State association shall use such funds and any proceeds from the investment of such funds for financing— (i) promotion, research, and consumer information plans and projects, and (ii) administrative expenses incurred in connection with such plans and projects. (2)(A) The National Pork Producers Council, a nonprofit corporation of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 and incorporated in the State of Iowa, shall receive an amount of funds equal to— (i) 37 y2 percent of the aggregate amount of assessments collected under this section throughout the United States from the date assessment commences pursuant to subsection (a)(1) until the first day of the month following the month in which the Board is appointed pursuant to section 1619. (ii) 35 percent thereafter until the referendum is conducted pursuant to section 1622,

Post, p. 1618.



Post, p. 1619.

Corporation. Iowa. 26 USC 501.

Ante, p. 1612. Post, p. 1618.