To confirm the authority of the Secretary of Agriculture to collect approved State commodity assessments on behalf of the State from the proceeds of marketing assistance loans.

(This measure has not been amended since it was passed by the House on October 5, 2004. The summary of that version is repeated here.)

Authorizes the Secretary of Agriculture to collect commodity assessments from the proceeds of a marketing assistance loan for a producer if the assessment is required to be paid by the producer or the first purchaser of a commodity pursuant to a State law or to an authority administered by the Secretary.

Provides that such collection authority: (1) does not extend to a State tax or other State revenue activity; and (2) shall be made as specified in an agreement between the Secretary and the requesting State.

[108th Congress Public Law 470]
[From the U.S. Government Publishing Office]


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[DOCID: f:publ470.108]


[[Page 118 STAT. 3894]]

Public Law 108-470
108th Congress

                                 An Act


 
  To confirm the authority of the Secretary of Agriculture to collect 
  approved State commodity assessments on behalf of the State from the 
 proceeds of marketing assistance loans. <<NOTE: Dec. 21, 2004 -  [H.R. 
                                4620]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. <<NOTE: 7 USC 7416a.>> CONFIRMATION OF AUTHORITY OF SECRETARY 
            OF AGRICULTURE TO COLLECT STATE COMMODITY ASSESSMENTS.

    (a) Collection From Marketing Assistance Loans.--The Secretary of 
Agriculture may collect commodity assessments from the proceeds of a 
marketing assistance loan for a producer if the assessment is required 
to be paid by the producer or the first purchaser of a commodity 
pursuant to a State law or pursuant to an authority administered by the 
Secretary. This collection authority does not extend to a State tax or 
other revenue collection activity by a State.
    (b) Collection Pursuant to Agreement.--The collection of an 
assessment under subsection (a) shall be made as specified in an 
agreement between the Secretary of Agriculture and the State requesting 
the collection.

    Approved December 21, 2004.

LEGISLATIVE HISTORY--H.R. 4620 (S. 2866):
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CONGRESSIONAL RECORD, Vol. 150 (2004):
            Oct. 5, considered and passed House.
            Dec. 7, considered and passed Senate.

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