Effective - 02 Jan 2023
275.357. State assessment for soybeans — definitions — amount, how determined. — 1. As used in this section, the following terms mean:
(1) "Commodity merchandising council" or "council", the same definition as in section 275.300 and for soybeans shall be, as provided under the federal act, the qualified state soybean board known as the Missouri Soybean Merchandising Council;
(2) "Federal act", the Soybean Promotion, Research, and Consumer Information Act (7 U.S.C. Section 6301 et seq.), as amended;
(3) "Handler", the same definition as in section 275.300 and for soybeans includes, but is not limited to, a commodity credit corporation for situations in which soybeans are pledged as collateral for a loan issued under any Commodity Credit Corporation price support loan program and the soybeans are forfeited by the producer in lieu of loan repayment;
(4) "Net market price":
(a) Except as provided in paragraph (b) of this subdivision, the sales price or other value received by a producer for any soybeans after adjustments for any premium or discount based on grading or quality factors, as determined by the Secretary of Agriculture of the United States, the director, or both; or
(b) For soybeans pledged as collateral for a loan issued under any Commodity Credit Corporation price support loan program and, when the soybeans are forfeited by the producer in lieu of loan repayment, the principal amount of the loan;
(5) "Processor", the same definition as in section 275.300 and for soybeans includes, but is not limited to, a producer marketing processed soybeans or soybean products of such producer's own production.
2. As long as an assessment made under the federal act is equal to one-half of one percent of the net market price of soybeans grown within this state, the assessment imposed and levied under section 275.350 shall be one-half of such national assessment. The state assessment shall not be in addition to the national assessment but shall correspond to the state credit or portion of the total assessment paid to the council.
3. If the assessment under the federal act is reduced to less than one-half of one percent or ceases to be effective, the state assessment imposed and levied under this section shall, for as long as such assessment is reduced or no such assessment is made, be equal to one-half of one percent of the net market price of soybeans grown within this state less any assessment paid to the United Soybean Board under the federal act.
4. The total of such state assessment and federal assessment shall be:
(1) Collected from a producer by the handler or processor first acquiring such producer's soybeans and be remitted to the council; or
(2) Remitted by a producer marketing processed soybeans or soybean products of that producer-processor's own soybeans to the council.
5. State fees collected under this section shall be subject to the refund provision provided under section 275.360.
6. No provision of this section shall be construed as a change to the amount of any fee collected under section 275.350 or a major change for purposes of section 275.330.
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(L. 2022 1st Ex. Sess. H.B. 3)
Effective 1-02-23
Structure Missouri Revised Statutes
Title XVII - Agriculture and Animals
Chapter 275 - Commodity Associations
Section 275.010 - Who may incorporate — certain restrictions — style of corporate name.
Section 275.020 - General corporate powers, when.
Section 275.030 - Articles of agreement, how drawn.
Section 275.040 - Certificate of incorporation to be issued — subsequent procedure.
Section 275.050 - Incorporation fees.
Section 275.060 - Officers of association.
Section 275.070 - Capital stock to be divided into shares — value of stock.
Section 275.080 - Capital stock may be increased, how.
Section 275.090 - Stock to be paid for prior to issuance.
Section 275.100 - Members of association not individually liable.
Section 275.110 - Shares of stock nontransferable — exception.
Section 275.120 - Associations may purchase and retire own stock.
Section 275.130 - Authority to reissue and resell shares purchased.
Section 275.140 - Number of shares may be limited.
Section 275.150 - Associations empowered to execute purposes of organization.
Section 275.160 - Associations may own and vote stock in certain related corporations.
Section 275.170 - Association may borrow.
Section 275.180 - Association may contract for commodities.
Section 275.190 - May issue and sell notes — security — certain exemption.
Section 275.200 - Exempt from general corporation law — exceptions.
Section 275.300 - Definitions.
Section 275.310 - Powers and purposes of councils.
Section 275.320 - Establishment — petition, contents — membership.
Section 275.330 - Procedure after petition received.
Section 275.340 - Hearings, how conducted.
Section 275.357 - State assessment for soybeans — definitions — amount, how determined.
Section 275.360 - Refund of fees, request for.
Section 275.370 - Council, officers, duties.
Section 275.460 - Definitions.
Section 275.464 - Additional charge — director of agriculture's duty.