South Carolina Code of Regulations
Chapter 5 - DEPARTMENT OF AGRICULTURE
Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT
Subarticle 3 - FRESH MARKET CUCUMBERS
A - MARKETING ORDER NO. 3 FOR SOUTH CAROLINA FRESH MARKET CUCUMBERS
Section 5-63 - Assessments and Assessment Funds
Universal Citation: SC Code Regs 5-63
Current through Register Vol. 48, No. 9, September 27, 2024
1. 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 cucumbers produced in the affected area an annual assessment which shall be paid by the producer thereof upon each and every bushel of cucumbers sold, packed, processed, 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. Cucumbers of a producer's own production used by him on his own premises for personal consumption.
b. Cucumbers donated or shipped for relief or charitable purposes.
c. Cucumbers sold by producers marketing less than commercial quantities pursuant to Section 46-17-40(k); being sale or marketing of cucumbers with a value of one thousand dollars ($1,000) or less during the course of the most recently completed full season for the affected commodity. It shall be a duty of the Commission pursuant to Section 46-17-170(e) to make such determination as shall be necessary in order to certify the status of individual producers of less than commercial quantities of cucumbers.
d. Cucumbers sold by producers through roadside stands or any other retail selling or marketing activity.
e. Cucumbers sold by producers for purposes other than fresh market uses. Cucumbers sold as pickling cucumbers are specifically exempted from this order.
2. Amount of Assessment.
a. The maximum amount of any assessment under this marketing order shall be five cents ($.05) per bushel.
b. The amount of assessment per affected unit shall be determined by the Board and shall not exceed the maximum amount herein stated.
3. Collection of Assessments.
a. All assessments made and levied pursuant to the provisions of the Act and this Order shall be paid by the respective affected producer who shall be liable therefor as provided by Section 46-17-360.
b. Any producer who by virtue of his activities or circumstances shall sell, ship, store, or otherwise dispose of cucumbers to a buyer, packer, distributor, or other person or ship or store cucumbers 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 be punished as provided in Section 46-17-400.
c. To collect such assessments as may be due, the Commission and the Board may:
1. Cause to be issued labels or stamps designated as "South Carolina Cucumber Marketing Stamps," and to require that these be fixed or attached to the containers, invoices, shipping documents, or inspection certificates, according to such regulations as shall be issued by the Commission and the Board. Any such stamps or labels shall be cancelled immediately upon being attached and the date, place, and name or other designation of the cancelling official shall be placed thereon.
2. Require that warehousemen, packers, handlers, or distributors receiving cucumbers from the producers collect an assessment from producers whose cucumbers they buy or otherwise handle, store, or distribute. All monies so collected shall be paid to the Commission on or before the last regular business day of the month immediately succeeding the month of collection. Each person who shall so collect producer assessments as herein provided shall at such times as by rule and regulation required, file with the Commission under oath on forms to be furnished by the Commission, a return showing such information as shall be necessary for the purposes of the Commission. And provide the growers with a copy.
d. The Commission and the Board shall make and furnish to each producer, distributor, handler, processor, warehouseman, packer, or other affected individual such rules, regulations and procedures established within the provisions of this regulation and the Act to facilitate and insure the collection of such assessments as shall be due and payable.
e. Not less than 30 days before the beginning of any marketing season, the Board shall give notice in writing to all producers, distributors, handlers, processors, and other affected persons of the amount of assessment and the rules, regulations, procedures, and methods for the collection of such assessments.
4. 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 Cucumber 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 person designated by 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 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 cucumbers and shall verify that this total annual assessment does not exceed (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 prorata 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.
5. Refund of Assessments. Any producer residing within the affected area 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.
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