The director shall prescribe in each
marketing order and agreement the time, place, and method for
payment and collection of assessments under such order or
agreement upon any uniform basis applicable alike to all
producers subject to such assessment, and upon the same or any
other uniform basis applicable alike to all handlers subject to
such assessment. For such purpose the director may, by the terms
of the marketing order or agreement:
(1) Require stamps to be purchased from him or her or his or
her designee and attached to the containers, invoices, shipping
documents, inspection certificates, releases, or receiving
receipts or tickets (said stamps to be canceled immediately upon
being attached and the date of cancellation placed thereon); or
(2) Require handlers to collect producer assessments from
producers whose production they handle and remit the same to the
director or his or her designee; or
(3) Require the person subject to the assessment to give
adequate assurance or security for its payment; or
(4) Require in the case of assessments against affected
units stored in frozen condition:
(a) Cold storage facilities storing such commodity to file
information and reports with the department or affected
commission regarding the amount of commodity in storage, the date
of receipt, and the name and address of each such owner; and
(b) That such commodity not be shipped from a cold storage
facility until the facility has been notified by the commission
that the commodity owner has paid the commission for any
assessments imposed by the marketing order.
Unless the director has otherwise provided in any marketing
order or agreement, assessments payable by producers shall be
paid prior to the time when the affected unit is shipped off the
farm, and assessments payable to handlers shall be paid prior to
the time when the affected units are received by or for the
account of the first handler. No affected units shall be
transported, carried, shipped, sold, marketed, or otherwise
handled or disposed of until every due and payable assessment
herein provided for has been paid by the producer or first
handler and the receipt issued.
[2010 c 8 § 6082; 1985 c 261 § 14; 1961 c 256 § 41.]