4.1-12 Turkey Promotion
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<![CDATA[CHAPTER 4.1-12TURKEY PROMOTION4.1-12-01. Definitions.1."Commissioner" means the agriculture commissioner.2."Processor" means any person that purchases more than one thousand turkeys<br>each year for slaughter.3."Producer" means any person that does business within this state and raises turkeys<br>for slaughter each year.4.1-12-02. Assessment - Determination.1.The assessment required by this chapter is determined by:a.Calculating the flock average live weight at the time of delivery to a processor;<br>andb.Calculating the actual number of turkeys in that flock after processing.2.a.If the actual number of turkeys in a flock after processing had an average live<br>weight of less than eighteen pounds, the assessment is equal to one cent per<br>turkey.b.If the actual number of turkeys in a flock after processing had an average live<br>weight of at least eighteen pounds but less than twenty-eight pounds, the<br>assessment is equal to one and one-half cents per turkey.c.If the actual number of turkeys in a flock after processing had an average live<br>weight of at least twenty-eight pounds, the assessment is equal to one and<br>three-quarter cents per turkey.4.1-12-03. Assessment - Collection - Remittance by processor. The processor shallcollect the assessment required by this chapter at the time the turkeys are delivered to a<br>processing plant, by deducting the amount required under section 4.1-12-02 from the price paid<br>to the producer.4.1-12-04. Invoice - Contents - Preparation by processor. At the time turkeys aredelivered to a processor, the processor shall prepare and sign an invoice documenting:1.The name and address of the producer;2.The name and address of the seller, if the producer is not the seller;3.The name and address of the processor;4.The number of turkeys sold in that particular transaction;5.The assessment collected on that particular transaction; and6.The date.4.1-12-05. Submission of assessments - Civil penalty.1.A processor shall submit all assessments collected under this chapter to the<br>commissioner within thirty days after the conclusion of each calendar quarter.Page No. 12.If a processor fails to submit the assessments as required by this section, the<br>commissioner may impose a penalty equal to five percent of the amount due, plus<br>interest at the rate of six percent per annum from the due date.4.1-12-06. Out-of-state processors. The commissioner may contract with out-of-stateprocessors for the collection and remittance of the assessment required by section 4.1-12-02.4.1-12-07. Refund of assessment - Form. To receive a refund of any assessment paidin accordance with this chapter, a producer shall obtain an application form from the<br>commissioner within sixty days from the date the producer's turkeys were delivered to a<br>processor. The producer shall return the completed form to the commissioner within ninety days<br>from the date the producer's turkeys were delivered to a processor. The producer is not entitled<br>to a refund under this section unless the refundable amount meets or exceeds five dollars.4.1-12-08.Continuing appropriation.The commissioner shall forward all moneysreceived under this chapter to the state treasurer for deposit in a special fund known as the<br>turkey fund.All moneys in the turkey fund are appropriated on a continuing basis to thecommissioner to carry out this chapter.4.1-12-09. Authorized expenditures. The assessment required by this chapter may beused to fund research, education programs, and market development efforts, as well as<br>participation in programs under the auspices of the national turkey federation.4.1-12-10. Powers of the commissioner. The commissioner may:1.Expend moneys raised under this chapter for the purposes set forth in section<br>4.1-12-09, provided the commissioner first consults with a committee appointed by<br>the North Dakota turkey federation;2.Require a processor to prepare and submit additional information and documents if<br>necessary for the enforcement and administration of this chapter; and3.Do all other things necessary and proper to enforce and administer this chapter.4.1-12-11.Biennial report - Information regarding turkey assessments.Whencompiling the biennial report required by section 54-06-04, the commissioner shall provide<br>information regarding activities under this chapter, including the amount of assessments<br>collected and the manner in which the moneys were expended.4.1-12-12.Penalty.Any person willfully violating this chapter is guilty of a class Bmisdemeanor.Page No. 2Document Outlinechapter 4.1-12 turkey promotion]]>