(1) (a) In order for the board to carry out the provisions and intent of this article, the state board of stock inspection commissioners, by and through the brand commissioner, shall collect a beef board fee on cattle and calves that are sold for which a brand inspection fee is also collected as provided in section 35-41-104 (5). Commencing July 1, 1993, the fee shall not exceed one dollar per head or the amount assessed pursuant to the beef promotion and research order, 7 CFR 1260.172, as amended, whichever is greater.
The fee set forth in paragraph (a) of this subsection (1) shall also be collected fromany producer marketing cattle of that producer's own production in the form of beef or beef products to consumers, either directly or through retail or wholesale outlets, or for export purposes, and such producer shall remit to the brand commissioner the set fee per head of cattle or the equivalent thereof.
The fee assessed on each head of cattle sold pursuant to paragraph (b) of this subsection (1) shall not apply to cattle owned by a person if such person:
Certifies that the person's only share in the proceeds of a sale of cattle, beef, or beefproduct is a sales commission, handling fee, or other service fee;
Certifies that the person acquired ownership of the cattle to facilitate the transfer ofownership of such cattle from the seller to a third party;
Establishes that such cattle were resold not later than ten days after the date onwhich the person acquired ownership.
(2) (a) The beef board fee collected pursuant to subsection (1) of this section shall be kept separate and distinct from other moneys collected by the state board of stock inspection commissioners. At least once each two months, such fee shall be transferred or paid over to the board, less a sum not in excess of three percent per head on each animal for which a fee is collected.
(b) The board shall utilize the moneys collected pursuant to subsection (1) of this section in carrying out the purposes of this article. In carrying out the purposes of this article, the board may coordinate its activities with any state agency and may allocate such sums collected under this section as are necessary for such coordination.
(3) (Deleted by amendment, L. 93, p. 1853, § 1, effective July 1, 1993.)
Source: L. 93: Entire article amended with relocations, p. 1853, § 1, effective July 1. L. 2000: (1) and (2) amended, p. 516, § 2, effective May 12.
Editor's note: This section is similar to former § 35-57-115 as it existed prior to 1993, and the former § 35-57-117 was relocated to § 35-57-119.
Cross references: For the brand inspection fee, see § 35-53-101.