2-8-239
Section 2-8-239 Majority vote required for approval of assessment; canvass of results;
limitations on assessment. If in such referendum a majority or more of the wheat, corn, grain
sorghum, and oats producers who are eligible to participate and actually vote therein, shall
vote in the affirmative and in favor of the levying and collection of the assessment proposed
on such referendum, then such assessment shall be levied and collected in the manner hereinafter
provided. All wheat, corn, grain sorghum, and oats producers who produce wheat, corn, grain
sorghum, or oats in the crop year immediately preceding the referendum shall be eligible to
participate in said referendum. Following the referendum and within 10 days thereafter the
certified association shall canvass, tabulate and publicly declare and announce the results
thereof. The amount of the assessment levied upon the sale of wheat, corn, grain sorghum,
and oats shall not exceed $.02 per net bushel after deductions for foreign...
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2-8-238
Section 2-8-238 Eligibility to vote in referendum; question to be voted on. Any referendum
conducted hereunder may be held on a statewide basis pursuant to rules and regulations adopted
by the State Board of Agriculture and Industries for the holding of such referendum. All producers
of wheat, corn, grain sorghum, and oats who shall be subject to any assessments levied hereunder
shall be entitled to vote in the referendum. In such referendum, individuals so eligible for
participation therein shall vote upon the question of whether there shall be levied an assessment
for a period of five years in an amount set forth in the call for such referendum, which amount
shall not exceed the limitations prescribed by this article. (Acts 1985, No. 85-701, p. 1142,
§9.)...
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2-8-240
Section 2-8-240 Subsequent referendums. In the event any such referendum conducted as
herein provided shall fail to receive the required number of affirmative votes from wheat,
corn, grain sorghum, and oats producers eligible for participation and voting therein, then
the certified association conducting the said referendum shall be authorized to call another
referendum for the purposes herein set forth in the next succeeding year, on the question
of an assessment and promotional program for the period authorized by this article, provided
no such referendum shall be held within a period of 12 months from the date on which the last
referendum was held. In the event such referendum is carried or favored by the required number
of eligible wheat, corn, grain sorghum, and oats producers participating therein and assessments
in pursuance thereof are levied for the period set forth in the call for such referendum,
then the organization conducting such referendum shall have full power and...
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2-8-241
Section 2-8-241 Collection of assessments; deductions by first purchaser; remittance
to commissioner; inspection of books and records; commissioner to deduct percent for expenses.
In the event the required number of wheat, corn, grain sorghum, and oats producers approve,
by a referendum as provided hereunder, the levy of an assessment upon the sale of wheat, corn,
grain sorghum, and oats for a promotional program, the Commissioner of Agriculture and Industries
shall, within 30 days, notify in writing every person engaged in the business of buying wheat,
corn, grain sorghum, and oats whether said buyers are located within the State of Alabama
or not, that on or after the date designated in such notice, which shall not be less than
30 nor more than 60 days after the mailing of such notice by the Commissioner of Agriculture
and Industries, that the amount of the assessment levied pursuant to the referendum shall
be deducted by all purchasers of wheat, corn, grain sorghum, and oats from...
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2-8-235
Section 2-8-235 Authority of certified association to conduct referendum on assessment.
Upon being so certified by the State Board of Agriculture and Industries, such organization
shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama
wheat, corn, grain sorghum, and oats producers a referendum wherein they shall be entitled
to vote on the question of whether or not they shall levy upon themselves an assessment under
and subject to and for the purpose stated in this article. The referendum shall be conducted
on a statewide basis. (Acts 1985, No. 85-701, p. 1142, §6.)...
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2-8-232
Section 2-8-232 Referendum and assessments declared to be in public interest. It is
hereby further declared to be in the public interest and highly advantageous to the economy
of the state that wheat, corn, grain sorghum, and oats producers be permitted by referendum
as hereinafter provided to levy upon themselves an assessment, and to provide for the collection
thereof for the financing or contributing toward the financing of a program of research, education,
advertising and other methods designed to increase or promote the efficient and economical
production, distribution and marketing as well as the increased use, consumption and sale
of wheat, corn, grain sorghum, and oats and wheat, corn, grain sorghum, and oats products.
(Acts 1985, No. 85-701, p. 1142, §3.)...
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2-8-233
Section 2-8-233 Application of nonprofit association for certification and approval
to conduct referendum - Generally. Any nonprofit association of producers fairly and substantially
representative of the producers of wheat, corn, grain sorghum, and oats throughout the state,
may at any time after this article becomes effective, make application to the State Board
of Agriculture and Industries for certification and approval for the purpose of conducting
a referendum among wheat, corn, grain sorghum, and oats producers of the state, upon the question
of levying an assessment, collecting, expending and utilizing same for the purpose or purposes
authorized under this article and as stated in such referendum. Any nonprofit association
approved or certified hereunder as an approved or certified association by the State Board
of Agriculture and Industries shall be authorized to execute or carry out such a promotional
program within the limits prescribed by this article. (Acts 1985, No....
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2-8-244
Section 2-8-244 Refund of assessment when producer dissatisfied; procedure. Any producer
of wheat, corn, grain sorghum, and oats against whom any assessment is made and deducted under
authority of this article, if dissatisfied with said assessment, shall have the right to demand
and receive from the treasurer of the certified association a refund of the amount of the
assessment collected from such wheat, corn, grain sorghum, and oats producer, provided such
demand for refund is made in writing within 30 days from the date on which such assessment
was deducted from the sale price of wheat, corn, grain sorghum, and oats sold by such wheat,
corn, grain sorghum, and oats producer; provided, that application for refunds of amounts
deducted from the sale price of any wheat, corn, grain sorghum, and oats sold must give the
name and address of the sale market or purchaser who bought the wheat, corn, grain sorghum,
and oats, date of purchase, invoice or weight ticket number, if any, and the...
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2-8-252
Section 2-8-252 Penalty for failure to deduct and pay over assessment, obtain permit,
etc.; injunctive relief authorized. (a) Any dealer, handler, processor, or other purchaser
of wheat, corn, grain sorghum, and oats who willfully fails or refuses to deduct and pay to
the Commissioner of Agriculture and Industries any assessment required to be so deducted and
remitted to the commissioner or who fails or refuses to obtain a permit authorizing the purchase
of wheat, corn, grain sorghum, and oats in Alabama shall be guilty of a misdemeanor and upon
conviction shall be fined not less than $25.00 nor more than $500.00 and within the discretion
of the court, may also be imprisoned for a term not to exceed six months. Any purchaser of
wheat, corn, grain sorghum, and oats who fails or refuses to allow the Commissioner of Agriculture
and Industries or his authorized agents and employees to inspect and review his books and
records which disclose his purchases of wheat, corn, grain sorghum, and...
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2-8-234
Section 2-8-234 Application of nonprofit association for certification and approval
to conduct referendum - Action by board on application. Upon filing with the State Board of
Agriculture and Industries of an application by any nonprofit association of wheat, corn,
grain sorghum, and oats producers, the said board shall within 30 days thereafter meet and
consider the application. If it is shown by the applicant to the satisfaction of the board
that the applicant is fairly and substantially representative of the wheat, corn, grain sorghum,
and oats producers of this state, and shall otherwise find and determine that such application
and the program proposed therein are in conformity with the provisions and purposes of this
article, then, and in such an event, the board shall certify such association as the duly
delegated and authorized group or organization and shall likewise certify that such organization
is duly authorized to conduct among the wheat, corn, grain sorghum, and oat...
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