§4159. Assessment
A.The board is hereby authorized to levy an assessment not to exceed ten cents per
hundredweight, or equivalent thereof, on all milk solids, milk fats, or fluid milk components
sold. The assessment shall be due and payable at the first point of sale. The assessment shall
be paid by each dairy producer who sells milk solids, milk fats, or fluid milk components to
dairy cooperative associations, processors, or distributors.
B.The assessment shall be collected by dairy cooperative associations. Each dairy
cooperative shall deduct the assessment from the amount owed to the producer on his sale
of milk solids, milk fats, or fluid milk components. Each dairy cooperative shall remit all
assessments collected during each month to the commissioner no later than the twentieth day
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§4159. Assessment
A. The board is hereby authorized to levy an assessment not to exceed ten cents per
hundredweight, or equivalent thereof, on all milk solids, milk fats, or fluid milk components
sold. The assessment shall be due and payable at the first point of sale. The assessment shall
be paid by each dairy producer who sells milk solids, milk fats, or fluid milk components to
dairy cooperative associations, processors, or distributors.
B. The assessment shall be collected by dairy cooperative associations. Each dairy
cooperative shall deduct the assessment from the amount owed to the producer on his sale
of milk solids, milk fats, or fluid milk components. Each dairy cooperative shall remit all
assessments collected during each month to the commissioner no later than the twentieth day
of the following month, together with such reports of purchases of dairy products as may be
required by the board.
C. Each dairy cooperative shall keep full and complete records of all milk solids,
milk fats, or fluid milk components purchased from producers, which shall be in such form
and contain such information as the board by rule may prescribe and shall be preserved for
a period of two years following the date of each purchase.
D. If the producer selling milk solids, milk fats, or fluid milk components is not a
member of a dairy cooperative, or otherwise fails to pay the assessment, the assessment shall
be collected by the processor or distributor making the first purchase of milk solids, milk
fats, or fluid milk components. All processors or distributors purchasing milk solids, milk
fats, or fluid milk components on which no assessment has been collected from the producer
shall be liable for payment of the required assessment. Those processors or distributors shall
collect the assessments, transmit the revenues to the commissioner, maintain the same
records, and in all other respects perform all duties imposed on dairy cooperative associations
with respect to the collection of the assessments.
E. If the revenues resulting from the assessment are more than are reasonably
required to meet the operational and promotional expenses of the board, the board, subject
to the approval of the commissioner, may from time to time temporarily suspend collection
of the assessments, in which event the commissioner shall notify all dairy cooperative
associations, processors, and distributors of the period during which the suspension of the
assessment shall be in effect. Upon the board's termination of any such suspension of
assessment, the assessment shall be deducted, collected, and transmitted to the commissioner
in the same manner as prior to the suspension.