A. 1. There is hereby assessed a fee of one cent ($0.01) per bushel upon all sorghum marketed by sorghum producers in this state and sold or handled through commercial channels. The fee shall be assessed and imposed upon the sorghum producer at the time of sale or delivery and shall be collected and remitted by the first purchaser to the Commission. Pursuant to the provisions of the Oklahoma Sorghum Resources Act, no sorghum shall be subject to assessment of a fee more than once.
2. No assessments for sorghum shall be collected in accordance with this section while a national checkoff program for sorghum established pursuant to 7 CFR 1221 remains in effect. The collection of assessments in accordance with this section shall be reinstated upon suspension or termination of the program for sorghum established pursuant to 7 CFR 1221.
B. 1. The first purchaser shall collect the assessment by deducting the appropriate amount from the purchase price of the sorghum or from any funds advanced for that purpose.
2. The Commission, by registered or certified mail, shall notify each first purchaser of the duty to collect the assessment, the manner in which the assessment is to be collected, and the date on or after which the first purchaser is to begin collecting the assessment.
3. The amount of the assessment collected shall be clearly shown on the sales invoice or other document evidencing the transaction. The first purchaser shall furnish a copy of the document to the sorghum producer.
4. The Commission shall establish through bylaws the procedures for the collection and remittance of the assessment.
C. Any unexpended balance contained in the Oklahoma Sorghum Resources Fund as of November 1, 2017, shall be transferred and deposited to the credit of the General Revenue Fund of the State Treasury.
Added by Laws 1997, c. 151, § 6, emerg. eff. April 25, 1997. Amended by Laws 2001, c. 146, § 139, emerg. eff. April 30, 2001. Renumbered from § 1850.6 of this title by Laws 2001, c. 146, § 266, emerg. eff. April 30, 2001. Amended by Laws 2008, c. 57, § 1, eff. July 1, 2008; Laws 2017, c. 220, § 2, eff. Nov. 1, 2017.
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