§ 35-28-113 — Budgeting and collection of fees

Colorado § 35-28-113

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Marketing Act of 1939

Text

(1) For the purpose of
providing funds to defray necessary expenses, the board of control shall prepare a
budget for the administration and operating costs and expenses, including
advertising and sales promotion when same are requested in any marketing
agreement or order executed under this article, which budget shall be approved by
the commissioner. The collection of such necessary fees and the times and
conditions of payment, in no case to exceed five percent of the gross dollar volume
of such sales, or five percent of the gross dollar volume of purchases or amounts
handled, distributed, or processed, shall become a part of any marketing order upon
adoption as provided in this article.

(2) Every person engaged in the production, processing, distributing, or
handling of any marketable agricultural product produced, sold, or marketed in this
state and directly affected by any marketing order issued pursuant to this article
for such commodity shall pay, or collect and pay, to the commissioner at such time
and in such manner as prescribed by the order as adopted an assessment covering
the budget provided by this article, which assessment shall be the percentage of
the gross dollar volume or amount per unit of such sales, or percentage of the gross
dollar volume of purchases or amounts handled, distributed, or processed, of any
commodity affected by such marketing order, as is necessary to defray the
expenses of the enforcement of this article, but in no case to exceed five percent of
the gross dollar volume.

(3) Except as provided in section 35-28-113.5, whenever the board of control
deems it necessary to raise the amount collected under the provisions of this
section for a marketing order involving wheat, the commissioner shall ask for
approval of the raise by a referendum on the question of the raise, which must be
favored and approved by at least two-thirds of the producers who participate in the
referendum.

(4) The fiscal year for the marketing order issued pursuant to section 35-28-106 affecting wheat shall be the period so established by the commissioner by rule
and regulation after consideration of recommendations by the board of control of
such order.

(5) (a) Notwithstanding any other provision of this article, if requested by a
board of control affecting wheat, corn, or dry edible beans, the commissioner may
amend a marketing order as described in this article to require the first handler of
such commodity or product in this state to pay, or collect and pay, to the
commissioner an assessment at such time and in such manner as shall be
prescribed by the commissioner if the commissioner, with the approval of the
governor, determines that:

(I) Wheat, corn, or dry edible beans produced in another state and shipped
into this state for sale or distribution tends to prevent the effectuation of the
declared policy of this article with respect to such commodity or product produced
in this state; and

(II) The effectuation of the declared policy of this article would be furthered
by collection of assessments on such commodity or product shipped into this state.

(b) Any assessment authorized pursuant to this subsection (5) shall be
equivalent to the assessment required by the provisions of the marketing order.

Legislative History

Source: L. 39: p. 203, � 9. CSA: C. 106, � 54. CRS 53: � 7-3-13. L. 55: p. 150, � 10. C.R.S. 1963: � 7-3-13. L. 73: p. 199, � 1. L. 77: (3) added, p. 1606, � 3, effective June 2. L. 79: (3) amended, p. 1324, � 2, effective May 31. L. 88: (3) amended, p. 1222, � 2, effective April 13. L. 92: (4) added, p. 164, � 2, effective March 16. L. 2001: (1) and (2) amended and (5) added, p. 3, � 2, effective August 8.