Current through Register Vol. 48, 12, December 27, 2024
Section 5-4 - Assessments and Assessment Funds1. Assessments Levied. On and after the effective date of this Marketing Order, there is hereby levied and there shall be collected by the Commission, as provided in Section 46-17-310, upon all soybeans grown in the State an annual assessment of one-half cent ($.005) per bushel which shall be paid by the producer thereof upon each and every bushel of soybeans sold, processed, delivered for sale or processed by or for him, or stored or delivered for storage when such storage or delivery for storage shall be outside the boundaries of this State; provided, however, that no assessment shall be collected on the following:a. Soybeans of a producer's own production used by him on his own premises for seed, feed, or other personal consumption.b. Soybeans donated or shipped for relief or charitable purposes.c. Soybeans sold by producer's marketing less than commercial quantities being Sales or Marketing of Soybeans with a value of $1,000 or less during the course of the most recently completed full marketing season.2. Collection of Assessments. a. All assessments made and levied pursuant to the provisions of the Act and of this Marketing Order shall be paid by the respective producers who shall be liable therefor.b. Such assessments shall be collected from the producers by the first buyer of the soybeans, and such first buyer shall deduct the full amount of assessment from the total monies due to 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 deduction all assessments so collected. Any first buyer within the State of South Carolina who fails or neglects to collect such assessment from any producer and/or remit such collection to the Commission as herein provided shall be considered to be in violation of this Marketing Order. Every person convicted of such violation pursuant to Section 46-17-400 shall be punished by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500) or by imprisonment of not less than ten (10) days nor more than six (6) months, or both. Each violation during any day shall constitute a separate offense.c. Any producer who by virtue of his activities or circumstances shall be within the meaning of the term "first buyer" or "handler" as herein defined, or who shall sell, ship, or otherwise dispose of soybeans to a buyer or other person or store soybeans outside the jurisdiction of this Marketing Order, shall forthwith remit to the Commission the full amount of the assessment due. Any producer who fails to pay or remit such assessment as herein provided shall be considered to be in violation of this Marketing Order, and shall upon conviction be punished as provided by the above.d. The Board shall make and furnish to each buyer and producer such rules, regulations, and procedures established within the provisions of this regulation and of the Act to insure the collection of such assessments as shall be due and payable.e. Soybeans stored in private or public storage within the State of South Carolina shall not be liable for assessment until sale is made, provided that soybeans placed in storage for Commodity Credit Corporation loan purposes shall be considered to have been sold for purposes of compliance with the provisions of the Act and this regulation. It shall be the responsibility of the producer of such soybeans to make and pay to the Commission such assessment as may be due immediately upon concluding such Commodity Credit Corporation loan without regard to future disposition of such loan or of the soybeans in question.f. On or before the beginning of each marketing season, the Board shall give reasonable notice to all producers, buyers, handlers, and other affected persons of the rules, regulations, procedures, and methods of collection of assessments.3. Funds. a. The Commission shall deposit all monies collected pursuant to this Marketing Order in a separate account allocated to the Board, and such account shall be in the name of the South Carolina Soybean Board pursuant to Section 46-17-370. Expenses and disbursements incurred and made pursuant to the Act and this Marketing Order shall be made by draft or check bearing the signature of the Chairman of the Board and one other person, designated by the majority vote of the Board, which person shall be either a member or an employee of the Board.b. Monies collected by the Commission and Board pursuant to the Act and this Marketing Order as assessments shall be used by the Board only for the purposes of paying for the costs or expenses arising in connection with carrying out the purposes and provisions of the Act and this Marketing Order.c. At the end of each fiscal year, the Board shall determine the total amount of assessment paid by all affected producers of soybeans and shall verify that this total annual assessment does not exceed five (5) percent of the total market value of all affected units sold or marketed or delivered for sale or marketing by all affected producers during the preceding fiscal year to which the assessment applies. In the event that the total assessment levied upon all producers exceeds five (5) percent of said total market value of all affected units, the Board shall cause to be refunded to each affected producer an amount equal to the excess over five (5) percent of his pro rata share of such total assessment. Provided, however, that amounts of money less than one dollar ($1.00) shall not be returned to any individual producer pursuant to this Section, but shall instead be retained by the Board for use in furtherance of this Marketing Order and of the Act.4. Refund of Assessments. Any producer may, if dissatisfied with any assessment that has been levied and collected, be refunded the full amount of such assessment provided that demand for refund is made in writing and in the hands of the Commission and of the Chairman of the Board within 30 days from the date upon which assessment was due and that such assessment was properly paid and receipt issued prior to this date; provided that the payment of the assessment was not the result of legal action brought against such producer.