Chapter 41-1 MARKETING ORDER FOR BEEF
Rule 41-1-.01 Definitions
For the purpose of this Marketing Order, "Beef" means any bovine animal.
Rule 41-1-.02 Product Affected
Beef.
Rule 41-1-.03 Area of Production Affected
The entire State of Georgia.
Rule 41-1-.04 Scope of Operation
| (1) | Research. |
| (2) | Promotion. |
| (3) | Education. |
Rule 41-1-.05 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 41-1-.06 Term of Operation
The term of operation under this Order shall be for a three year period.
Rule 41-1-.07 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)(3) and (5). |
| (2) | The approval shall be determined by the Commission at the close of such referendum period or provided by O.C.G.A. § 2-8-23(a)(3) and (5). |
| (3) | The approval or disapproval of affected producers shall be upon an individual producer basis. |
Rule 41-1-.08 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 the tabulation revealing the requisite numbers of favorable ballots from producers.
Rule 41-1-.09 Affected Producers
This Order shall apply to all producers of bovine animals within this State.
Rule 41-1-.10 Method of Finance
| (1) | Projects, undertakings and expenses incurred under this Order shall be financed by an Assessment and levy of one dollar ($1.00) per head on bovine animals sold for $100.00 or more. No assessment shall be placed on any bovine animal which sells for less than $100.00. Upon approval of the requisite number of affected producers and effective date of July 1, 2014, a levy assessment of one dollar ($1.00) per head of cattle sold is hereby made. Such levy shall continue of force and effect until this Order is suspended, extended, or expires. |
| (2) | To the end that the Commission shall have such funds to defray expenses pending the collection of such funds under the levy and assessment herein provided, the Commission shall be authorized to borrow money and hypothecate anticipated collections as authorized by O.C.G.A. § 2-8-27(d). |
Rule 41-1-.11 Method of Collection
| (1) | The levy and assessment provided by this Order shall be collected from all affected 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) | Buyers who resell cattle no more than ten (10) days from the date of purchase may file with the Commission a non-producer status form. |
| (3) | 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 41-1-.12 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 41-1-.13 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 41-1-.14 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 41-1-.15 Records
It shall be the duty and responsibility of each affected person to keep adequate records that show the true amount of bovine animals produced, sold, or purchased by him, and to make such records available for inspection and audit by the Commissioner.