S.C. Code Regs. § § 5-11

Current through Register Vol. 48, 12, December 27, 2024
Section 5-11 - Assessments
A. Rate--An annual assessment of one-half cent ($.005) per bushel shall be paid by producers and collected by the Commission with the assistance of the Board on commercial quantities of all soybeans produced within the State of South Carolina that are sold or stored under Commodity Credit Corporation Loan programs in or out of the State.
B. Collection--Assessments shall be collected from producers by the first buyer of the soybeans, and such first buyer shall deduct the full amount of assessment from the total monies due the producer and shall remit to the Commission on a monthly basis on or before the tenth (10th) day of the month immediately following such deductions.
C. A producer who by virtue of his activities or circumstances shall be within the meaning of the term "first buyer" or "handler," or who shall sell, ship, or otherwise dispose of soybeans to a buyer or other person or store soybeans outside the jurisdiction of Marketing Order No. 1, shall remit to the Commission the full amount of assessment due.
D. Payment of assessments on soybeans stored under Commodity Credit Corporation Loan programs shall be due and payable by the producer immediately upon completion of the loan. However, Commodity Credit Corporation, through the ASC offices, when requested by the producer, will deduct the amount of the assessment from the loan and forward to the Commission in the same manner as a "first buyer."
E. All buyers, handlers, processors, storage warehouse operators, and others affected shall be supplied by the Board with proper forms for making the necessary reports of collection of assessments. The name and address of each producer from whom soybeans were purchased, stored, or otherwise handled, including the total amount of assessment collected and the number of bushels or pounds of soybeans handled, stored, or processed must be reported to the Commission.
F. Exemptions--No assessments shall be collected on the following:
1. Soybeans of a producer's own production used by him on his own premises for seed, feed, or other personal consumption.
2. Soybeans donated or shipped for relief or charitable purposes.
3. Soybeans from producers marketing less than commercial quantities, being sales or marketing of soybeans with a value of one thousand dollars ($1,000) or less during the course of the most recently completed full market season.
4. Soybeans produced outside the boundaries of the State of South Carolina and either sold, stored, or handled in South Carolina.
G. Certification of Exemption--"First buyers," handlers, processors and distributors of soybeans produced in South Carolina, including ASC offices handling CCC storage loans, will ask any producer offering soybeans to any of the above for sale or storage who claims he qualifies for any exemption under said Order to certify to such exemption on forms furnished said handlers and ASC by the Commission.

S.C. Code Regs. § 5-11