South Carolina Code of Laws
Chapter 17 - Agricultural Commodities Marketing
Section 46-17-360. Assessments constitute personal debts; enforcement.

Any due assessment levied in a specified amount under this chapter shall constitute a personal debt of every person so assessed or who owes such amount and it shall be due to the Commission when payment is called for by it. If any person fails to pay the Commission the full amount of such assessment when due, the Commission is authorized to add to such unpaid assessment an amount not exceeding ten percent to defray the cost of enforcing collection. Upon the failure of such person to pay any such assessment, the Commission may bring a civil action against such person in a court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable; provided, that any producer may, if dissatisfied with any assessment that has been levied and collected, be refunded the full amount of such assessment provided that demand for a refund is made in writing and in the hands of the Commission and the chairman of the commodity board within thirty days from the date upon which such assessment was due, and that such assessment was properly paid and receipt issued prior to this date; provided, further, that the payment of the assessment is not the result of legal action brought against such producer; provided, further, that no such assessment shall be refunded to any out-of-state producer.
HISTORY: 1962 Code Section 3-235.35; 1968 (55) 2743; 1972 (57) 2819.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 46 - Agriculture

Chapter 17 - Agricultural Commodities Marketing

Section 46-17-10. Short title.

Section 46-17-20. Declaration of purpose.

Section 46-17-30. Declaration of policy.

Section 46-17-40. Definitions.

Section 46-17-50. Enforcement and administration of chapter; when Commission shall issue, amend, or terminate marketing agreements or orders.

Section 46-17-60. Proposals; records to be kept by Commission.

Section 46-17-70. When notice, hearing, and referendum are required; costs.

Section 46-17-80. How notice of hearing is given.

Section 46-17-90. Conduct of hearing.

Section 46-17-100. Findings and preliminary decision of Commission.

Section 46-17-110. Filing of objections; final decision.

Section 46-17-120. Requirements for preliminary and final decisions; notice of final decision; final decision denying proposal.

Section 46-17-130. Assent to marketing agreements or amendments; when agreements or amendments may be enforced; when agreements are deemed issued.

Section 46-17-140. Referendum to determine assent to marketing order.

Section 46-17-150. When marketing order shall have effect of law; effect of defeat of order at referendum.

Section 46-17-160. When Commission may amend or suspend agreement or order.

Section 46-17-170. Producers and handlers to furnish certain information; lists of producers and handlers; use of information.

Section 46-17-180. Agreements and orders administered by Commission with advice and approval of commodity board; employment of additional personnel.

Section 46-17-190. Establishment of commodity boards.

Section 46-17-200. Qualifications of board members.

Section 46-17-210. Terms of office, election, or appointment of board members.

Section 46-17-220. Nomination of candidates for boards.

Section 46-17-230. Vacancies on boards; quorum.

Section 46-17-240. Compensation and expenses of board members.

Section 46-17-250. Boards may appoint or utilize committees and other advisers.

Section 46-17-260. Powers of boards generally; Commission to certify status and changes in membership; marketing orders and agreements, bylaws, rules, and regulations filed with Secretary of State.

Section 46-17-270. Powers and duties of boards enumerated.

Section 46-17-280. Commission to approve or disapprove actions of boards.

Section 46-17-290. Purpose of agreement or order and power to be exercised stated.

Section 46-17-300. Area of application of agreement or order to be defined.

Section 46-17-310. Levy of assessments; maximum total annual assessment.

Section 46-17-320. Levy of assessments; per unit rate.

Section 46-17-330. Levy of assessments; payment and collection.

Section 46-17-340. Disposition of moneys collected under agreement or order; expenditures.

Section 46-17-350. Refunds.

Section 46-17-360. Assessments constitute personal debts; enforcement.

Section 46-17-370. Deposits and disbursements.

Section 46-17-380. Records, audits, and financial statements.

Section 46-17-390. Bonds of administrators, administrative boards, and employees.

Section 46-17-400. Violations.

Section 46-17-410. Jurisdiction of courts; action for specific performance or injunction.

Section 46-17-420. Enforcement of chapter by Attorney General.

Section 46-17-430. Remedies are additional.

Section 46-17-440. Cooperation with other states and with United States.

Section 46-17-450. Prices shall not be established in violation of State or Federal laws.

Section 46-17-460. Penalty.

Section 46-17-470. Liability of members of Commission, board members, and employees.