In the event the required number of cattle owners approve, by a referendum as provided in this article, the levying of an assessment upon the sale of cattle for a promotional program, the Commissioner of Agriculture and Industries shall, within 30 days, notify in writing every person licensed to operate a livestock market under authority of Sections 2-15-60 through 2-15-71, as well as every person who operates a meat packing or slaughter establishment which buys cattle or calves directly from the producer, that on or after the date designated in such notice, which shall be not less than 30 nor more than 60 days after the mailing of such notice by the Commissioner of Agriculture and Industries, the amount of the assessment shall be deducted by all such sales markets or purchasers of cattle and calves or by their agents or representatives from the purchase price paid to the seller of such cattle and calves, where such cattle and calves are produced in the area covered by the referendum. On or before the tenth day of each calendar month, all assessments so deducted shall be remitted to the Commissioner of Agriculture and Industries, less three percent thereof, which may be retained to compensate the stockyard operator, meat packer or other such establishment for the expense of collecting and remitting such assessment. The books and records of all such purchasers of cattle shall at all times during regular business hours be open for inspection by the Commissioner of Agriculture and Industries or his duly authorized representatives or agents for the purpose of ascertaining the accuracy of the amounts remitted as required by this section. The Commissioner of Agriculture and Industries shall be entitled to deduct three percent of all sums remitted to him under this section to defray the expense incident to collection and administration of this article. All amounts so deducted by the commissioner shall be paid into the State Treasury to the credit of the Agricultural Fund; provided, that in the event the collection of such assessments is conducted through the shipping point inspection division of the Department of Agriculture and Industries, the amount so deducted by the commissioner for cost of collection and administration shall be paid into the Shipping Point Inspection Fund of the State Treasury.
Structure Code of Alabama
Chapter 8 - Promotion of Agricultural Industries and Products.
Section 2-8-1 - Legislative Purpose and Intent.
Section 2-8-2 - Authorized Activities Not Illegal or in Restraint of Trade.
Section 2-8-3 - Referendum and Assessments Declared to Be in Public Interest.
Section 2-8-6 - Authority of Certified Association to Conduct Referendum on Assessment.
Section 2-8-7 - Notice of Referendum.
Section 2-8-8 - Conduct of Referendum; Payment of Expense.
Section 2-8-9 - Eligibility to Vote in Referendum; Question to Be Voted On.
Section 2-8-10 - Majority Vote Required for Approval of Assessment; Canvass of Referendum Results.
Section 2-8-11 - Subsequent Referendums.
Section 2-8-12 - Collection of Assessments; Deductions for Expenses.
Section 2-8-13 - Remittances to Treasurer of Association.
Section 2-8-15 - Refund of Assessment to Cattle Owner.
Section 2-8-16 - Bond of Treasurer of Association.
Section 2-8-17 - Expenditure of Assessments.
Section 2-8-18 - Joint Programs With Other States.
Section 2-8-20 - Rules and Regulations.
Section 2-8-21 - Enforcement Duties of Commissioner; Revocation of Certification of Association.
Section 2-8-22 - Penalty for Failure to Deduct and Pay Over Assessment.