Utah Administrative Code
Topic - Agriculture and Food
Title R65 - Marketing and Economic Development
Rule R65-5 - Utah Red Tart and Sour Cherry Marketing Order
Section R65-5-4 - Provisions of the Order
Universal Citation: UT Admin Code R 65-5-4
Current through Bulletin 2024-06, March 15, 2024
A. This order shall provide for:
1. Uniform
grading Red Tart and Sour cherries for fresh or frozen markets, sold or offered
for sale by producers or processors. Such grading standards shall not be
established below any minimum standards now prescribed by law for this
state.
2. Advertising and sales
promotion to create new or larger markets for cherries grown in Utah, provided
that any such plan shall be directed towards increasing the sale of such
commodity without any reference to a particular brand or trade name. Provided
further, that no advertising or sales promotion program shall be authorized
which shall make use of false or unwarranted claims in behalf of the product
covered by this Order, or disparage the quality, value, sale or use of any
other agricultural commodity to supply the market demands of consumers of such
commodity.
3. Labeling, marketing,
or branding of cherries which does not conflict with any rules of the
Commissioner or laws of the State of Utah.
4. The Board of Control to cooperate with any
other state or federal agency whose activities may be deemed beneficial to the
purposes of the Order.
B. Expenses-Assessments-Collections and Disbursement.
1. Each producer or processor
subject to this Order shall pay to the Board his or her pro rata share (as
approved by the Commissioner) of such expenses as the Board may find necessary
to be incurred for the functioning of said Marketing Order. This assessment
levied in the specified amount shall constitute a personal debt of every person
so assessed and shall be due and payable when payment is called for thereby.
The pro rata share of the expenses payable by a cooperative association of
producers shall be computed on the basis of the quantity of the product covered
by the Order which is distributed, sold, or shipped in commerce by such
cooperative association of producers or processors. The Board may maintain in
its own name, or in the name of its members, a suit against any producer, or
processor subject to this Order, for the collection of such producer's pro rata
share of expenses.
2. This
assessment shall be determined to be up to $10.00 per ton for Red Tart and Sour
cherries. The discretionary assessment shall be set by majority vote of the
board, as approved by the Commissioner. The assessment is effective May 1,
1983.
3. The assessment of each
producer shall be deducted from the producer's gross receipt of Red Tart and
Sour cherries by the producer-processor. All proceeds from the deducted portion
shall be paid annually to the Board on or before October 1, for that crop
year.
4. The Board shall retain
records of the receipt of the assessment which will be available for public
inspection upon request. The Board shall issue an annual financial statement to
the Commissioner showing receipts and reimbursement. This statement shall be
made available to any contributor upon request.
5. The Board is required to reimburse the
Commissioner for any funds as are expended by him in performing his duties as
provided in this Order. Such reimbursement shall include only funds actually
expended in connection with this Order.
6. The Board is authorized to incur such
expenses as are necessary to carry out its functions subject to the approval of
the Commissioner. The Board shall receive and disburse all funds received by it
pursuant to Section
R65-5-5.
7. The Board shall retain records of the
receipt of the assessment. These records shall be audited annually by an
auditor approved by the Commissioner. Copies of the audit shall be available to
any contributor upon request.
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