§ 2-5-60.29. Collection of assessment.

A.  The processor at the first point of sale determined by the board shall collect the assessment.  Except as provided by subsection B of this section, the processor at that point shall collect the assessment by deducting the appropriate amount from the purchase price of the commodity or from any funds advanced for that purpose.

B.  If the producer and processor are the same legal entity, or if the producer retains ownership after processing, such entity shall remit the assessment at the time of first sale of the commodity.

C.  The secretary-treasurer of the commodity producers board, by registered or certified mail, shall notify each processor of the duty to collect the assessment, the manner in which the assessment is to be collected, and the date on or after which the processor is to begin collecting the assessment.

D.  The amount of the assessment collected shall be clearly shown on the sales invoice or other document evidencing the transaction.  The processor shall furnish a copy of the document to the producer.

E.  Unless otherwise provided by the original referendum, no later than the tenth day of each month the processor shall remit the amount collected during the previous month to the secretary-treasurer of the board.

F.  No commodity shall be subject to the applicable fee more than once per growing season.

Added by Laws 1999, c. 123, § 20, eff. July 1, 1999.