Idaho Admin. Code r. 51.01.01.100

Current through September 2, 2024
Section 51.01.01.100 - FUNDING
01.Assessments.
a. Each producer shall pay an assessment of one dollar and fifty cents ($ 1.50) per head of cattle at the time the cattle are sold. This assessment consists of:
i. One dollar ($1) required by the National Beef Promotion and Research Order, and
ii. Fifty cents ($.50) authorized by Section 25-2907(1), Idaho Code.
b. Producers selling or marketing cattle in interstate commerce will pay only one (1) assessment per individual sale of cattle. When cattle leave Idaho for the purpose of sale or slaughter, the assessment will be made at the time of brand inspection. When cattle leave Idaho for feeding or pasture where no change of ownership occurs, the promotion assessment will not be made.
c. When cattle enter Idaho for sale or slaughter, the assessment will be made only if the assessment has not been paid when the cattle left their state of origin. These cattle will be assessed by the Idaho Brand Inspector, but they will be considered cattle from their state of origin. All assessments will be remitted to the Idaho Beef Council, with these cattle indicated by their state of origin. The Idaho Beef Council will pay to the originating state the assessments due them in a timely manner after payment has been received from the State Brand Inspector.
d. The assessment implemented by this rule does not apply to the seller of cattle if the seller certifies that the seller's only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee or other service fee; or if the seller certifies that he acquired ownership of cattle to facilitate the transfer of ownership of such cattle to a third party, establishes that such cattle are being resold not later than ten (10) days from the date on which the person acquired ownership and certifies that the assessment was collected from the seller when the person acquired ownership. A completed certificate of "non-producer status" must be given to the brand inspector or his agent at the time of inspection. If no certificate is produced the assessment will be levied.
02.Collection. The State Brand Inspector shall collect the assessment in addition to and at the same time and manner as the fee charged for state brand inspection. The assessment will be submitted each month to the Beef Council, less collection fee. In addition, the State Brand Inspector will submit monthly, a written accounting of total number of head marketed, number of cattle assessed and not assessed (along with copies of the appropriate non-producer exemption forms), total collections, and state of origin documentation.
03.Refunds.
a. Producers/owners of cattle from whom an assessment is collected has the right to request a refund of not more than fifty cents ($.50) per head (Section 25-2907, Idaho Code). Refund requests must be mailed to the Idaho Beef Council within ninety (90) calendar days of the assessment and include the:
i. Name and address of the producer;
ii. Name and address of the entity collecting the assessment (brand inspector or livestock market);
iii. Number of head on which a refund is requested;
iv. Total amount of refund requested;
v. Date of assessment;
vi. Producer's signature; and
vii. Proof of payment of the assessment.
b. The Idaho Beef Council will process the requested refunds on a calendar quarterly basis. Any refund request that is received by the Idaho Beef Council less than fifteen (15) days from the end of the calendar quarter shall be paid at the end of the next quarter.

Idaho Admin. Code r. 51.01.01.100

Effective March 15, 2022