Indiana § 15-15-11-15 Fee collection; penalty; individual commodity council market
development fund; accounting statement

Indiana Statutes

§ 15-15-11-15 — Fee collection; penalty; individual commodity council market development fund; accounting statement

Indiana·Art. 15 HORTICULTURE PRODUCTS·Ch. 11 Promotion of Agricultural Products

(a)Except as provided in subsection (b), the dean of agriculture shall collect the fee imposed under the commodity market development program from the producers, handlers, or processors.

(b)This subsection applies to a commodity market development program for cattle, dairy products, or soybeans. The dean of agriculture shall collect ninety-seven percent (97%) of the fee imposed under the commodity market development program from the producers, handlers, or processors. A producer, handler, or processor may retain the remaining three percent (3%) as compensation for collecting the fee.

(c)If a market development fee is unpaid on the date that the fee was due, a penalty of one percent (1%) per month is imposed beginning on the date the fee was due until payment plus the penalty is received

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(a) Except as provided in subsection (b),
the dean of agriculture shall collect the fee imposed under the
commodity market development program from the producers, handlers,
or processors.
(b) This subsection applies to a commodity market development
program for cattle, dairy products, or soybeans. The dean of agriculture
shall collect ninety-seven percent (97%) of the fee imposed under the
commodity market development program from the producers, handlers,
or processors. A producer, handler, or processor may retain the
remaining three percent (3%) as compensation for collecting the fee.
(c) If a market development fee is unpaid on the date that the fee
was due, a penalty of one percent (1%) per month is imposed beginning
on the date the fee was due until payment plus the penalty is received
by the dean of agriculture. If, after notice, a person defaults in a
payment of the fee or penalties imposed under this subsection, the
amount due shall be collected by civil action in the name of the state of
Indiana at the request of the dean of agriculture, and the person
adjudged in default shall pay the costs of the action. The attorney
general, at the request of the dean of agriculture, and, if requested by
the attorney general, the prosecuting attorney of any county, in which
a cause of action arose under the provisions for the collection of fees
due and unpaid, shall institute proper action in an Indiana court for the
collection of unpaid fees and penalties.
(d) The individual commodity council market development fund is
established. The fund consists of all fees paid to the dean of agriculture
under that agricultural commodity program. The dean of agriculture
shall spend all money credited to the fund, less administration
expenses, for the use and benefit of the commodity market
development council for which the fund is established.
(e) The dean of agriculture shall submit an annual statement to the
commodity market development council that shows all receipts,
administration expenses, refunds, and the balance credited to the fund.
(f) Not more than one (1) fee may be collected for an agricultural
commodity under this chapter.
[Pre-2008 Recodification Citation: 15-4-3.5-7.]

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