South Carolina Code of Regulations
Chapter 5 - DEPARTMENT OF AGRICULTURE
Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT
Subarticle 6 - PEANUTS
A - MARKETING ORDER NO. 6 FOR SOUTH CAROLINA PEANUTS
Section 5-164 - Assessments

Universal Citation: SC Code Regs 5-164

Current through Register Vol. 48, No. 9, September 27, 2024

1. Amount

a. The amount of assessment to be paid by producers shall be two dollars ($2.00) per ton upon peanuts produced in the affected area.

2. Exemptions

(a) Peanuts sold by producers marketing less than commercial quantities.

(b) Peanuts sold by producers through roadside stands.

3. Collection

Such assessments shall be collected from the producers by the handler or distributor of the peanuts who shall deduct the full amount of assessment from the total proceeds due to the producers and shall remit to the Commission on a monthly basis on or before the tenth (10th) day of the month immediately following such deductions all assessments so collected. Peanuts stored in private or public storage within the State of South Carolina shall not be liable for assessment until sale is made, provided that peanuts 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 section. It shall be the responsibility of the producer of such peanuts 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 peanuts in question.

Any producer who shall be within the meaning of the term producer-distributor or producer-handler shall remit such assessment due to the Commission at the time specified above.

4. Disbursement of Funds

Disbursement of funds must be approved in writing by the Board Chairman and one other elected officer of the Board.

5. 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.

6. Penalties

a. Any person, persons, firms, distributors, or handlers violating any of the provisions of this Order will be subject to the provisions of Section 46-17-400.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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