Section 145.06. Assessments.

 

(1)  Each affected producer for the first crop year for which the marketing order is effective shall be liable for an assessment of 2 cents per bushel on all soybeans grown in this state and sold in commercial channels. In subsequent years, the marketing board shall annually determine the rate of assessment to be levied and collected but in no event shall it exceed 2 cents per bushel. Bushels shall be determined on the basis of scale tickets, invoices, bills of lading, manifests, settlement sheets, or other sales or shipping documents, or any combination of the above.

(2)  Assessments shall be collected by handlers or deducted from amounts due affected producers and shall become due to the marketing board at the time title to the soybeans is transferred from affected producers to handlers. For purposes of this subsection, assessments shall become due to the marketing board at the indicated time for the following types of transactions between producers and handlers.

(a) When soybeans are sold by an affected producer for currency, certified or personal check, money order, or other type of cash transaction, assessments shall become due when the quantity sold is determined.

(b) When soybeans are sold by an affected producer under a purchase contract, assessments shall become due at the time title to the soybeans is taken by the handler according to terms specified in the contract.

(c) When soybeans are sold by an affected producer under a basis contract, or any contract negotiated in terms of forward prices, assessment shall become due at the time title to the soybeans is taken by the handler according to terms specified in the contract and without regard to any advance payment received by the affected producer from the handler.

(d) When soybeans are sold by an affected producer under a deferred price contract, or any contract in which price is determined subsequent to the time possession is taken by the handler, assessments shall become due at the time title to the soybeans is transferred by the affected producer according to terms specified in the contract.

(e) When soybeans are sold by affected producers to non-resident handlers, affected producers shall be deemed to be producer-handlers, as defined in s. ATCP 145.01 (6) , acting on their own behalf, and assessments shall be due to the marketing board at the time title to the soybeans is taken by the non-resident handler.

(3)  For the purpose of this section, lending agencies, including the commodity credit corporation, shall be deemed handlers if title is taken for purposes of foreclosure or loan repayment.

(4)  Producer-handlers shall maintain records, file reports, and remit the assessments due on their own soybeans to the marketing board in accordance with procedures under this chapter.

(5)  Assessments shall be payable to the marketing board within 15 days after the end of the month in which assessments become due in accordance with procedures specified by the marketing board.

(6)  The marketing board, or the secretary, shall have the authority to audit records of handlers, producers, or their agents only as necessary to ensure compliance with this section.

History: Cr. Register, August, 1983, No. 332 , eff. 9-1-83.