901:4-7-07 Funding of and collecting funds for the grain marketing program.

(A) Producers of wheat, barley, rye or oats are subject to one-half of one percent assessment of the per-bushel price of wheat, barley, rye or oats. This assessment will be taken on the net market price, and collected at the first point of sale.

(B) If wheat, barley, rye or oats are sold or marketed through Ohio grain elevators, seed companies, or other collection points designated by the director, those collection points shall be the designated collection agent. For wheat, barley, rye or oats sold or marketed at points other than indicated above, the producer shall be the designated collection agent. Collection agents are responsible for collection and remittance of the assessment in accordance with the requirements set forth in section 924.26 of the Revised Code. At the request of the producer, the collection agents shall be responsible for stamping the receipt of the assessed producer with an official mark identifying the collection point.

(C) Delayed price wheat, barley, rye and oats assessments shall be made when priced by the producer.

(D) Wheat, barley, rye, or oats used as a security under commodity credit corporation shall be assessed at the time title of the grain transfers. After the assessment is made, the producer shall receive notice and proof of the assessment. If the producer defaults and the creditor forecloses on the grain, the producer shall pay the assessment.

(E) The collection agent shall remit the assessment and assessment records no later than the fifteenth day following the last day of the quarter of collection to the committee. The quarterly reporting periods are:

(1) July first through September thirtieth, with the remittance and report due October fifteenth;

(2) October first through December thirty-first, with the remittance and report due January fifteenth;

(3) January first through March thirty-first1, with the remittance and report due April fifteenth; and

(4) April first through June thirtieth, with the remittance and report due July fifteenth.

(F) The producer's liability ceases when the assessment is collected by the designated collection agent. Collection agents are responsible for all fees due, records, and submitting collections on or before due dates.

(G) The collection agent shall maintain the following records: numerical scale tickets kept in sequential order, settlement sheets, daily position records showing transfers in and out and any other records prescribed by the director or his designee. The director or his designee may review the records of the collection agent during normal business hours. The committee shall keep accurate records of the amount of the assessments and the date each assessment was received. These records shall be maintained as prescribed by the state of Ohio.

R.C. 119.032 review dates: 06/28/2013 and 06/28/2018
Promulgated Under: 119.03
Statutory Authority: 924.25
Rule Amplifies: 924.26
Prior Effective Dates: 06/28/2008