Chapter 679-1 MARKETING ORDER FOR TOBACCO
Rule 679-1-.01 Product Affected
Flue-cured Tobacco.
Rule 679-1-.02 Area of Production Affected
The entire State of Georgia.
Rule 679-1-.03 Scope of Operation
| (1) | Research |
| (2) | Promotion |
| (3) | Education. It is understood that fifty cents (50¢) of the assessment paid into the Commission by each producer for each crop year will constitute a yearly subscription rate for the Commission paper, THE TOBACCO FARMER. THE TOBACCO FARMER will be published quarterly. |
Rule 679-1-.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 the statutory authority, Section 13(a), (8), (11), and (12), Ga. L. 1961, p. 301 as amended.
Rule 679-1-.05 Term of Operation
The term of operation under this Order shall be for the year beginning July 1, 1962, and ending June 30, 1963, and from year to year thereafter until terminated as provided by law.
Rule 679-1-.06 Method of Approval
| (1) | The approval of this Order shall be by written assent of the producers as authorized and provided by Section 14(a), (5), Ga. L. 1961, p. 301 as amended. |
| (2) | The approval shall be determined by the Commission upon receipt of written assent of producers. |
| (3) | The approval of members of non-profit agricultural co-operative marketing associations (co-ops) may not be had under the provisions of Section 14(a), (3), Ga. L. 1961, p. 301 as amended, but shall be upon an individual producer basis. |
Rule 679-1-.07 Time for Approval
Written assents or rejections shall be received by the Commission during the period of May 14, 1961, through June 20, 1962, with the authority of the Commission to declare this Order approved upon the receipt of the requisite number of assents from producers who produce the requisite percentage of flue-cured tobacco.
Rule 679-1-.08 Affected Producers
This Order shall apply to all producers of flue-cured tobacco in this State who produce flue-cured tobacco for sale within and without this State.
Rule 679-1-.09 Method of Finance
| (1) | Projects, undertakings, and expenses incurred under this Order shall be financed by a maximum annual assessment and levy of seventy-five cents ($0.75) per hundred pounds of all flue-cured tobacco. Upon the approval of the requisite number of producers and effective as of May 1, 2014, a maximum annual levy and assessment of seventy-five cents ($0.75) per hundred pounds of flue-cured tobacco is hereby made. As of the effective date of May 1, 2014, and henceforth, the Commission will only assess fifty cents ($0.50) of the maximum seventy-five cents ($0.75) and will not increase above the fifty cent ($0.50) assessment rate without notifying producers and holding a producer meeting. Such levy shall continue of force and effect from year to year until this Order is suspended or superseded as provided by law and each year during the time this Order remains of force and effect. |
| (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, that during any year the Commission shall be authorized to borrow money and hypothecate anticipated collections for that year as authorized under Section 16(d), Ga. L. 1961, p. 301 as amended. |
Rule 679-1-.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, distributors, warehousemen and others handling or purchasing flue-cured tobacco from producers shall deduct the amount of such levy and assessment during each pay period and 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, and is further authorized to require warehousemen to collect and remit the assessment from the proceeds of sales for producers. |
Rule 679-1-.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 679-1-.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 679-1-.13 Contracts
The Commission may enter into contracts as it deems necessary and advisable in the performance of its duties and services, as the Commission shall deem necessary and proper.
Rule 679-1-.14 Records
It shall be the duty and responsibility of each affected person or handler to keep adequate records to reflect the true amount of flue-cured tobacco produced, sold or purchased by him, and to make such records available for inspection and audit by the Commission and the Commissioner.