§ 106‑564.1. Alternate method for collection ofassessments.
As an alternate method for the collection of assessments provided forin G.S. 106‑564, and upon the request of the duly certified agency of theproducers of any agricultural products referred to in G.S. 106‑550, theCommissioner of Agriculture shall notify, by registered letter, all persons,firms and corporations engaged in the business of purchasing any suchagricultural products in this State, that on and after the date specified inthe letter the assessments shall be deducted by the purchaser, or his agent orrepresentative, from the purchase price of any such agricultural products. Theassessment so deducted, shall, on or before the first day of June of each yearfollowing such deduction or at regular intervals during the year following suchdeductions, be remitted by such purchaser to the Commissioner of Agriculture ofNorth Carolina who shall thereupon pay the amount of the assessments to theduly certified agency of the producers entitled thereto. The books and recordsof all such purchasers of agricultural products shall at all times duringregular business hours be open for inspection by the Commissioner ofAgriculture or his duly authorized agents.
For the purposes of this Article the Commissioner may designate theduly certified agency of the producers as his agent to conduct inspections oraudits of the books of the purchaser of such agricultural products. If it isdiscovered, as the result of such inspection or audit, that such purchaser haswillfully failed to remit assessments when due, then such purchaser shall beliable to the duly certified producers agency for the reasonable costs of suchinspection or audit. Such costs may be recovered by the agency by an actionagainst the purchaser in a court of competent jurisdiction. The agency shallalso be entitled to recover from such purchaser a penalty of five percent (5%)of the amount due for each month it remains unpaid, not to exceed twentypercent (20%) of the total amount due.
Any packer, processor or other purchaser who originally purchases fromthe grower, apples grown in North Carolina, shall collect from the growerthereof any marketing assessment due under the provisions of Article 50 ofChapter 106 and shall remit the same to the North Carolina Department ofAgriculture and Consumer Services. Upon failure of said packer, processor orother purchaser to collect and remit said assessment then the amount of theassessment shall become the obligation of the packer, processor or otherpurchaser who originally purchased the apples from the grower and he shallbecome liable therefor to the North Carolina Department of Agriculture andConsumer Services. Failure of the packer, processor or other purchaser tocomply with the provisions of this section shall constitute a bar to engagingin said business in this State upon proper notice from the Board ofAgriculture. The Board of Agriculture shall have authority to promulgate suchrules and regulations as shall be necessary to carry out the purpose and intentof this section. (1953, c. 917;1969, c. 605, s. 3; 1975, c. 708, s. 2; 1983, c. 395; 1997‑261, s. 109.)
§ 106‑564.1. Alternate method for collection ofassessments.
As an alternate method for the collection of assessments provided forin G.S. 106‑564, and upon the request of the duly certified agency of theproducers of any agricultural products referred to in G.S. 106‑550, theCommissioner of Agriculture shall notify, by registered letter, all persons,firms and corporations engaged in the business of purchasing any suchagricultural products in this State, that on and after the date specified inthe letter the assessments shall be deducted by the purchaser, or his agent orrepresentative, from the purchase price of any such agricultural products. Theassessment so deducted, shall, on or before the first day of June of each yearfollowing such deduction or at regular intervals during the year following suchdeductions, be remitted by such purchaser to the Commissioner of Agriculture ofNorth Carolina who shall thereupon pay the amount of the assessments to theduly certified agency of the producers entitled thereto. The books and recordsof all such purchasers of agricultural products shall at all times duringregular business hours be open for inspection by the Commissioner ofAgriculture or his duly authorized agents.
For the purposes of this Article the Commissioner may designate theduly certified agency of the producers as his agent to conduct inspections oraudits of the books of the purchaser of such agricultural products. If it isdiscovered, as the result of such inspection or audit, that such purchaser haswillfully failed to remit assessments when due, then such purchaser shall beliable to the duly certified producers agency for the reasonable costs of suchinspection or audit. Such costs may be recovered by the agency by an actionagainst the purchaser in a court of competent jurisdiction. The agency shallalso be entitled to recover from such purchaser a penalty of five percent (5%)of the amount due for each month it remains unpaid, not to exceed twentypercent (20%) of the total amount due.
Any packer, processor or other purchaser who originally purchases fromthe grower, apples grown in North Carolina, shall collect from the growerthereof any marketing assessment due under the provisions of Article 50 ofChapter 106 and shall remit the same to the North Carolina Department ofAgriculture and Consumer Services. Upon failure of said packer, processor orother purchaser to collect and remit said assessment then the amount of theassessment shall become the obligation of the packer, processor or otherpurchaser who originally purchased the apples from the grower and he shallbecome liable therefor to the North Carolina Department of Agriculture andConsumer Services. Failure of the packer, processor or other purchaser tocomply with the provisions of this section shall constitute a bar to engagingin said business in this State upon proper notice from the Board ofAgriculture. The Board of Agriculture shall have authority to promulgate suchrules and regulations as shall be necessary to carry out the purpose and intentof this section. (1953, c. 917;1969, c. 605, s. 3; 1975, c. 708, s. 2; 1983, c. 395; 1997‑261, s. 109.)
§ 106‑564.1. Alternate method for collection ofassessments.
As an alternate method for the collection of assessments provided forin G.S. 106‑564, and upon the request of the duly certified agency of theproducers of any agricultural products referred to in G.S. 106‑550, theCommissioner of Agriculture shall notify, by registered letter, all persons,firms and corporations engaged in the business of purchasing any suchagricultural products in this State, that on and after the date specified inthe letter the assessments shall be deducted by the purchaser, or his agent orrepresentative, from the purchase price of any such agricultural products. Theassessment so deducted, shall, on or before the first day of June of each yearfollowing such deduction or at regular intervals during the year following suchdeductions, be remitted by such purchaser to the Commissioner of Agriculture ofNorth Carolina who shall thereupon pay the amount of the assessments to theduly certified agency of the producers entitled thereto. The books and recordsof all such purchasers of agricultural products shall at all times duringregular business hours be open for inspection by the Commissioner ofAgriculture or his duly authorized agents.
For the purposes of this Article the Commissioner may designate theduly certified agency of the producers as his agent to conduct inspections oraudits of the books of the purchaser of such agricultural products. If it isdiscovered, as the result of such inspection or audit, that such purchaser haswillfully failed to remit assessments when due, then such purchaser shall beliable to the duly certified producers agency for the reasonable costs of suchinspection or audit. Such costs may be recovered by the agency by an actionagainst the purchaser in a court of competent jurisdiction. The agency shallalso be entitled to recover from such purchaser a penalty of five percent (5%)of the amount due for each month it remains unpaid, not to exceed twentypercent (20%) of the total amount due.
Any packer, processor or other purchaser who originally purchases fromthe grower, apples grown in North Carolina, shall collect from the growerthereof any marketing assessment due under the provisions of Article 50 ofChapter 106 and shall remit the same to the North Carolina Department ofAgriculture and Consumer Services. Upon failure of said packer, processor orother purchaser to collect and remit said assessment then the amount of theassessment shall become the obligation of the packer, processor or otherpurchaser who originally purchased the apples from the grower and he shallbecome liable therefor to the North Carolina Department of Agriculture andConsumer Services. Failure of the packer, processor or other purchaser tocomply with the provisions of this section shall constitute a bar to engagingin said business in this State upon proper notice from the Board ofAgriculture. The Board of Agriculture shall have authority to promulgate suchrules and regulations as shall be necessary to carry out the purpose and intentof this section. (1953, c. 917;1969, c. 605, s. 3; 1975, c. 708, s. 2; 1983, c. 395; 1997‑261, s. 109.)
