§ 106-564.4. Alternative method for collection of assessments relating to sweet potatoes.
§ 106‑564.4. Alternative method for collection of assessments relating to sweet potatoes.
(a) In the event the producers of sweet potatoes approve anassessment pursuant to G.S. 106‑564, which assessment shall be paid bythe producer based on the number of acres produced, the producer shall reportthe number of acres planted and shall remit the assessment due to theCommissioner of Agriculture. Sweet potato producers shall report acreageplanted at a time and place determined by the duly certified agency representingthe producers of sweet potatoes.
(b) Assessments shall be due on September 1 of each year. Anyproducer who fails to pay assessments by September 30 of each year shall alsopay a penalty of ten percent (10%) of the unpaid assessment, plus a penalty ofone percent (1%) of the unpaid assessment for each month the assessment remainsunpaid. The Commissioner of Agriculture shall remit all assessments received tothe duly certified agency representing the producers of sweet potatoes. Theduly certified agency representing the producers of sweet potatoes may conductinspections and audits of sweet potato producers in order to verify the numberof acres of sweet potatoes planted and may bring an action to recover unpaidassessments and penalties and the reasonable costs of such action, includingattorneys' fees.
(c) There shall be no refund of assessments collected pursuantto this section.
(d) For the purposes of this section, "producer" shallbe defined as a grower of one acre or more of sweet potatoes. (1995, c. 521, s. 2.)