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§ 18-57. Assessments--Refunds--Liens

Oklahoma Statutes AnnotatedTitle 2. Agriculture

Oklahoma Statutes Annotated
Title 2. Agriculture
Chapter 1. Agricultural Code (Refs & Annos)
Article 18. Agricultural Associations & Commissions (Refs & Annos)
B. Oklahoma Peanut Act
2 Okl.St.Ann. § 18-57
§ 18-57. Assessments--Refunds--Liens
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 director 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 settlement forms 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.

Credits

Laws 1965, c. 349, § 8, emerg. eff. June 28, 1965; Laws 1978, c. 134, § 6, emerg. eff. April 4, 1978; Laws 1982, c. 55, § 2, operative July 1, 1982. Renumbered from Title 2, § 1108 and amended by Laws 2001, c. 146, §§ 44, 251, emerg. eff. April 30, 2001. Laws 2007, c. 195, § 9, emerg. eff. May 31, 2007; Laws 2015, c. 195, § 3, eff. Nov. 1, 2015.
2 Okl. St. Ann. § 18-57, OK ST T. 2 § 18-57
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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