Chapter 124-1 MARKETING ORDER FOR CORN
Rule 124-1-.01 Product Affected
Corn produced for grain, including all yellow or white dent corn varieties, and all specialty starch varieties, except sweet or fresh.
Rule 124-1-.02 Area of Production Affected
The entire State of Georgia
Rule 124-1-.03 Scope of Operation
| (1) | Research. |
| (2) | Promotion. |
| (3) | Education. |
Rule 124-1-.04 Extent of Operation
The extent of operation under the statutory authority shall be as determined by the Commission within the limitations of the statutory authority. The Commission shall have the right to determine the activities of the Commission and the expenditure of funds under any one or all of the areas permitted under statutory authority.
Rule 124-1-.05 Term of Operation
The term of operation under this Order shall be for a three year period beginning July 1, 1996 and ending June 30, 1999 unless extended as provided by law.
Rule 124-1-.06 Method of Approval
| (1) | The approval of this Order shall be by referendum of the affected producers as authorized and provided by O.C.G.A. 2-8-23(a)(5). |
| (2) | The approval shall be determined by the Commission at the close of such referendum period as provided by O.C.G.A. 2-8-23(a)(5). |
| (3) | The approval or disapproval of the affected producers shall be on an individual basis. |
Rule 124-1-.07 Time for Approval
In the event the Commission, after a public hearing, determines that a referendum shall be held, a thirty (30) day period shall be set during which time ballots shall be received. The Commission has the authority to declare this Order approved upon the results of tabulation revealing the requisite number of favorable ballots from producers who produce the requisite percentage.
Rule 124-1-.08 Affected Producers
This Order shall apply to all producers who produce corn for grain that will be commercially sold within and without the State. Commercial sale shall mean the sale of corn for any use to any commercial buyer, dealer, processor, cooperative, integrated livestock, dairy, poultry feeding operations, or to any person, public or private, who sells any corn or product produced from corn.
Rule 124-1-.09 Method of Finance
Projects, undertakings and expenses incurred under this Order shall be financed by an assessment and levy of not more than one cent (1¢) per bushel on all corn produced for grain by producers in this state and commercially sold. The assessment and levy shall be against the producer of corn. Upon the approval of the requisite number of affected producers and effective July 1, 1996, an annual levy and assessment of one cent (1¢) per bushel on all corn that will be commercially sold for grain is hereby made. Such levy and assessment shall continue of force and effect until this order is suspended or superseded as provided by law and during the time this Order remains of force and effect.
Rule 124-1-.10 Method of Collection
| (1) | The levy and assessment provided by this Order shall be collected from producers. As an aid in such collection, handlers, sales agents, packers and processors shall deduct the amount of such levy and assessment from each payment made to the producer and they shall remit the same to the Commissioner of Agriculture for the account of the producer. |
| (2) | The Commissioner is authorized in the collection of funds to adopt and utilize a reporting and auditing method of collecting the levy and assessment provided herein. |
Rule 124-1-.11 Administration and Enforcement
The Commissioner of Agriculture shall administer and enforce the provisions of this Order, particularly as to the collection of levies and assessments.
Rule 124-1-.12 Expenditure of Funds
The Commission is hereby authorized to expend funds of the Commission as it deems necessary to defray the costs and expenses incurred under this Order. The Commission is further authorized to expend funds to defray the actual costs and expenses of the Commission, including employees, special committees, advisory boards and individuals to aid, advise and assist the Commission in the performance of its duties.
Rule 124-1-.13 Contracts
The Commission may enter into contracts as it deems necessary and advisable in the performance of its duties under the provisions of this Order for the performance of duties and services, as the commission shall deem necessary and proper.
Rule 124-1-.14 Records
It shall be the duty and responsibility of each affected person to keep adequate records that show the true amount of corn produced, sold, or purchased by him, and to make such records available for inspection and audit by the Commissioner.