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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2-8-241
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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2-8-251
Section 2-8-251 Purchasers to obtain permit from commissioner; procedure. Any individual, partnership,
corporation, association or other business unit which buys wheat, corn, grain sorghum, or
oats in Alabama from the producer thereof shall, in the event assessments are required to
be deducted from the purchase price of such wheat, corn, grain sorghum, and oats under the
provisions of this article, obtain from the Commissioner of Agriculture and Industries an
annual permit which shall authorize such individual or business firm to engage in the business
of buying wheat, corn, grain sorghum, and oats in Alabama. The permit required hereunder shall
expire on June 30, the end of the year for which it is issued and shall be renewable as of
July 1 unless revoked by the commissioner for failure to comply with the provisions of this
article. The application for the annual permit as required hereunder shall be accompanied
by a fee of $5.00 which shall be deposited by the commissioner in the...
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2-8-246
Section 2-8-246 Expenditure of assessments; disbursements not subject to budget or allotment
requirements. The funds derived from any assessments levied upon the sale of wheat, corn,
grain sorghum, and oats as authorized under this article shall be used and expended by the
certified association after such funds are remitted to it by the Commissioner of Agriculture
and Industries for the purpose of promoting and stimulating by advertising and other methods
the increased use and sale of wheat, corn, grain sorghum, oats, and wheat, corn, grain sorghum,
and oats products. Any funds expended by the certified association not authorized by the promotional
program previously approved shall be deemed as an unauthorized and illegal expenditure of
such funds. All funds approved by the certified association for expenditure as required hereunder
by any certified association for an approved promotional program for the wheat, corn, grain
sorghum, and oat industry as authorized under this article are...
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2-8-230
Section 2-8-230 Legislative intent and purpose. It is hereby declared to be in the interest
of the public welfare that producers of wheat, corn, grain sorghum, and oats shall be authorized
and encouraged to act jointly and in cooperation with handlers, dealers, and purchasers of
wheat, corn, grain sorghum, and oats and with the Commissioner of Agriculture and Industries
and with the State Board of Agriculture and Industries in promoting and stimulating by research,
education, advertising and other methods, the increased and efficient production, distribution,
use and sale of wheat, corn, grain sorghum, and oats and wheat, corn, grain sorghum, and oats
products; and it is the intent and purpose of this article to authorize and provide a method
and procedure for a promotional program for the wheat, corn, grain sorghum, and oats industry
and the financing thereof pursuant to powers of the Legislature as authorized by the amendment
to the state Constitution which expressly authorizes such...
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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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2-8-234
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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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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2-8-240
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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2-8-233
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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