(2) In addition to any assessment collected under subsection (1) of this section or any fee for brand inspection services, the council, by rule, shall levy an assessment of not less than 50 cents per head and not more than $1 per head, on the same cattle, cattle hides and calves for which the council makes brand inspections and collects brand inspection fees. Moneys from the assessments are continuously appropriated to the council for expenditure as provided in ORS 577.295 and 577.532.

(3) The operator of a stockyard, slaughterhouse, packing plant or livestock auction market shall deduct any assessment ordered collected by the council pursuant to subsection (1) or (2) of this section from the proceeds of sale owed to the operator by the owner of an animal. The operator shall pay the assessment to the State Department of Agriculture. When the operator provides a written statement of sale proceeds to the owner of an animal, the operator shall include a statement of the amount deducted from the proceeds for state and federal assessments and for brand inspection services.

(4) The department shall act as agent for the council to collect any assessment ordered collected by the council pursuant to subsection (1) or (2) of this section and any brand inspection fees on cattle or cattle hides adopted by department rule pursuant to ORS 604.066. The department shall collect any assessment that the council orders collected under subsection (1) or (2) of this section in the same time, manner and place that the department collects brand inspection fees on cattle, cattle hides and calves. This subsection does not apply to:

(a) Cattle and calves leaving this state solely for the purpose of pasturing in another state;

(b) Cattle presented at a recognized livestock show or rodeo;

(c) Cattle presented at a livestock auction market but not sold;

(d) Cattle delivered outside this state, provided ownership of the cattle remains unchanged;

(e) Cattle slaughtered for personal consumption; and

(f) Cattle resold within 10 days after purchase.

(5) The department shall transfer or pay to the council, not less frequently than once every two months, the amounts collected by the department on behalf of the council, reduced by:

(a) The collection and administrative costs to the department in carrying out the requirements of this section, as determined by the department; and

(b) Refunds by the department of amounts improperly collected under this section.

(6) A person who believes that an assessment collected from the person under this section is incorrect may apply to the department for a refund not later than 60 days after the department collects the assessment.

(7) To the extent consistent with this section, the council shall assess, levy and collect an assessment under this section using the same process used by a commodity commission under ORS 576.325 for the assessment, levying and collection of an assessment on an agricultural commodity. [2003 c.604 §51 (enacted in lieu of 577.511); 2005 c.623 §2]