Tennessee Code 43-29-109 – Withholding and transfer of funds – Report
Terms Used In Tennessee Code 43-29-109
- Commissioner: means the commissioner of agriculture. See Tennessee Code 43-29-103
- Commodity: means beef, corn, pork, and eggs, produced on a commercial basis. See Tennessee Code 43-29-103
- Department: means the department of agriculture. See Tennessee Code 43-29-103
- Person: means any individual, corporation, partnership, association, cooperative or other business. See Tennessee Code 43-29-103
- Producer: means any person who produces a commodity and thereafter causes the commodity to be marketed. See Tennessee Code 43-29-103
- Purchaser: means any dealer or processor who purchases or receives such commodity from producers on a commercial basis. See Tennessee Code 43-29-103
- Referendum: means any voting procedure under which affected producers may, by secret ballot, vote for or against an assessment authorized by this chapter. See Tennessee Code 43-29-103
- Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
The assessed rate as approved by referendum shall be deducted by the purchaser from the amount paid to the producer at the first point of sale. Each purchaser shall submit to the department or to the department’s contractor or designee the total amount of funds withheld from producers on or before a date specified by the commissioner. The assessment levied on each head of cattle sold shall not apply to cattle purchased by a purchaser whose only share in the proceeds of a sale is a sales commission or handling fee or other service fee and who has delivered the cattle to facilitate the transfer of ownership from the seller and a third party. These cattle must be resold within ten (10) days from the date on which the person acquired ownership, with certification made to the department on forms approved by the commissioner. On or before the twentieth day of January, April, July and October of each year, the commissioner shall pay to the promotion board for that particular commodity all proceeds collected, less refunds and less an amount not to exceed five percent (5%) of the gross amount collected, or a sum sufficient to cover all of the department’s expenses of collection, whichever is less, together with a report of all funds collected and disbursed.