§ 106-557. Notice of referendum; statement of amount, basis and purpose of assessment; maximum assessment.
§ 106‑557. Notice ofreferendum; statement of amount, basis and purpose of assessment; maximumassessment.
With respect to any referendumconducted under the provisions of this Article, the duly certified commission,council, board or other agency shall, before calling and announcing suchreferendum, fix, determine and publicly announce at least 30 days before thedate determined upon for such referendum, the date, hours and polling placesfor voting in such referendum, the amount and basis of the assessment proposedto be collected, the means by which such assessment shall be collected ifauthorized by the growers, and the general purposes to which said amount socollected shall be applied; no annual assessment levied under the provisions ofthis Article shall exceed one half of one percent (½ of 1%) of the value of theyear's production of such agricultural commodity grown by any farmer, produceror grower included in the group to which such referendum is submitted.Provided, that the assessment for the research and promotion programs of theAmerican Dairy Association of North Carolina may be fixed on the volume of milksold not to exceed one percent (1%) of the statewide blend price paid to allNorth Carolina producers during the previous calendar year for three and one‑halfpercent (3.5%) milk as computed by the United States Department of Agriculture.Provided further, that the assessment authorized by this Article and collectedby the Commissioner of Agriculture to be paid to the North Carolina Yam Commission,Inc., or other duly certified agencies entitled thereto for research, marketingand promotional programs related to yams or sweet potatoes may be levied at arate not to exceed two percent (2%) of the value of the year's production ofthat agricultural commodity grown by any farmer, producer or grower included inthe group to which the referendum is submitted, and when authorized by two‑thirdsor more of the farmers, producers or growers in the area in which thereferendum is conducted, the rate of the assessment may remain in effect forthe length of time provided in the referendum. Provided further, that theassessment authorized by this Article on peanuts may not exceed two percent(2%) of the price paid to the producer. (1947, c. 1018, s. 8; 1967, c. 774, s. 1; c. 1268;1981, c. 216, s. 1; 1983, c. 246, s. 1; 1997‑371, s. 1; 2004‑199,s. 27(e); 2006‑264, s. 24.)