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| Title 2. Agriculture | 
 Oklahoma Statutes Citationized
Oklahoma Statutes Citationized
   Title 2. Agriculture
Title 2. Agriculture
     Chapter 1 - Agricultural Code
Chapter 1 - Agricultural Code
       Oklahoma Peanut Act
Oklahoma Peanut Act
         Article Article 18 - Agricultural Associations and Commissions
Article Article 18 - Agricultural Associations and Commissions
         Section 18-57 - Assessment - Refunds - Liens
Section 18-57 - Assessment - Refunds - Liens
Cite as:  O.S. §, __  __
A. There is hereby levied an assessment of Four Dollars ($4.00) per net ton of peanuts on a farmer's stock basis marketed in Oklahoma. Such assessment shall be levied and assessed to the grower at the time of sale, and shall be shown as a deduction by the first purchaser from the price paid in settlement to the grower; provided that within sixty (60) days after any sale the grower may upon submission of a written request therefor to the executive secretary obtain a refund in the amount of the assessment deducted by the first purchaser. The refund to the grower who has requested such refund shall be made within sixty (60) days following the request. Such request shall be accompanied by the producer's Marketing Quota forms (MQ's) which shall be evidence of the payment of the assessment which need not be verified.
B. The availability of a refund and instructions describing the process of obtaining a refund shall be posted in a conspicuous public location at all places where the fees are required to be collected.
C. The Oklahoma Peanut Commission shall keep complete records of all refunds made under the provisions of this section. Records of refunds may be destroyed two (2) years after the refund is made.
D. All funds expended in the administration of the Oklahoma Peanut Act and for the payment of all claims whatsoever growing out of the performance of any duties or activities pursuant to the Oklahoma Peanut Act shall be paid from the proceeds derived from subsection A of this section. In the case of a lienholder who is a first purchaser, the assessment shall be deducted by the lienholder from the proceeds of the claim secured by such lien at the time the peanuts are pledged or mortgaged. The assessment shall constitute a preferred lien and shall have priority over all other liens and encumbrances upon such peanuts. The assessment shall be deducted and paid as herein provided whether such peanuts are stored in this or any other state.
Historical Data
Added by Laws 1965, HB 962, c. 349, § 8, emerg. eff. June 28, 1965; Amended by Laws 1978, SB 542, c. 134, § 6, emerg. eff. April 4, 1978; Amended by Laws 1982, HB 1637, c. 55, § 2, emerg. eff. July 1, 1982; Amended by Laws 2001, HB 1378, c. 146, § 44, emerg. eff. April 30, 2001 (superseded document available); Renumbered from 2 O.S. § 1108 by Laws 2001, HB 1378, c. 146, § 251, emerg. eff. April 30, 2001; Amended by Laws 2007, SB 517, c. 195, § 9, emerg. eff. May 31, 2007 (superseded document available).
Citationizer© Summary of Documents Citing This Document| Cite | Name | Level | |
|---|---|---|---|
| Oklahoma Attorney General's Opinions | |||
| Cite | Name | Level | |
| 1981 OK AG 282, | Question Submitted by: William Flanagan, Executive Secretary, The Oklahoma Peanut Commission | Discussed at Length | |
| 1987 OK AG 83, | Question Submitted by: William Flanagan, Executive Secretary, Oklahoma Peanut Commission | Discussed | |
| Title 2. Agriculture | |||
| Cite | Name | Level | |
| 2 O.S. 1108, | Renumbered as 2 O.S. § 18-57 by Laws 2001, HB 1378, c. 146, § 251, emerg. eff. April 30, 2001 | Discussed | |
| Cite | Name | Level | |
|---|---|---|---|
| Title 2. Agriculture | |||
| Cite | Name | Level | |
| 2 O.S. 1108, | Assessment - Refunds - Liens | Cited | |
| 2 O.S. 1108, | Renumbered as 2 O.S. § 18-57 by Laws 2001, HB 1378, c. 146, § 251, emerg. eff. April 30, 2001 | Cited | |