South Carolina Code of Regulations
Chapter 5 - DEPARTMENT OF AGRICULTURE
Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT
Subarticle 6 - PEANUTS
B - ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 6 FOR SOUTH CAROLINA PEANUTS
Section 5-171 - Assessments

Universal Citation: SC Code Regs 5-171

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

A. Rate--An annual assessment of two dollars ($2.00) per ton shall be paid by producers and collected by the Commission with the assistance of the Board on commercial quantities of all peanuts 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 peanuts, 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 peanuts to a buyer or other person or store peanuts outside the jurisdiction of Marketing Order No. 6, shall remit to the Commission the full amount of assessment due.

D. Payment of assessments on peanuts stored under Commodity Credit Corporation and/or Peanut Association Loans shall be due and payable by the producer immediately upon completion of the loan. CCC and/or Associations will deduct the amount of the assessment from the loan and forward to the Commission in the same manner as a "first buyer."

E. Peanuts stored in private or public storage within the State of South Carolina shall not be liable for assessment until sale is made.

F. All buyers, handlers, processors, storage warehouse operators, and others affected shall be supplied by the Commission and the Board with proper forms for making the necessary reports of collection of assessments. The total amount of assessment collected and the number of tons or pounds of peanuts handled, stored, or processed must be reported to the Commission.

G. Exemptions--No assessments shall be collected on the following:

1. Peanuts of a producer's own production used by him on his own premises for seed, feed, or other personal consumption.

2. Peanuts from producers marketing less than commercial quantities being sales or marketing of peanuts with a value of one thousand dollars ($1,000) or less during the course of the most recently completed full market season.

3. Peanuts sold by producers at roadside stands.

H. Certification of Exemption--"First buyers," handlers, processors and distributors of peanuts produced in South Carolina, including CCC and/or Associations handling storage loans, will ask any producer offering peanuts to any of the above for sale or storage who claims that he qualifies for any exemption under said Order to certify to such exemption on forms furnished said handlers by the Commission.

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