Section 149.06. Assessments.

 

(1)  The potato industry board shall annually determine the rate of assessment to be levied and collected under this chapter on potatoes sold into commercial channels. The assessment may be increased by not more than one cent ($0.01) per hundredweight per year, but in no event shall the total assessment exceed 10 cents ($0.10) per hundredweight on potatoes sold into commercial channels. Hundredweights shall be determined on the basis of inspection certificates, scale tickets, invoices, bills of lading, manifests, settlement sheets or other sales or shipping documents, or any combination of these. Potatoes on which an assessment has been paid shall not be reassessed upon subsequent sale.

(2)  Assessments shall be collected and paid by handlers or deducted from amounts due affected producers and shall become due to the potato industry board at the following times indicated for the respective type of transactions:

(a) When an affected producer delivers potatoes to a handler who prepares the potatoes for sale, assessments shall become due when title to the potatoes is transferred from the producer to the handler or the volume basis for payment is determined.

(b) When an affected producer delivers potatoes to a handler who acts as a broker or agent for the producer for shipment, assessments shall become due when the basis for payment is determined.

(c) When an affected producer delivers potatoes to a cooperative acting as an agent for the producer, assessments shall become due when the basis for payment is determined.

(d) When an affected producer who is also a producer-handler sells and delivers potatoes of his or her own production directly to wholesalers, retailers, consumers or non-resident handlers, assessments shall become due to the potato industry board when the basis for payment is determined and the potatoes are sold or delivered for sale.

(3)  The potato industry board may establish, as necessary, additional types of transactions which set forth when, and on what basis, assessments shall become due and payable to the potato industry board, provided the types of transactions established are not otherwise in conflict with this chapter.

(4)  Assessments shall be payable to the potato industry board within 10 days from the end of the month in which assessments became due in accordance with procedures specified by the potato industry board.

History: Cr. Register, September, 1989, No. 405 , eff. 10-1-89; CR 09-023 : am. (1) Register June 2010 No. 654 , eff. 7-1-10.