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.
Added by Laws 1965, c. 349, § 8, emerg. eff. June 28, 1965. Amended by Laws 1978, c. 134, § 6, emerg. eff. April 4, 1978; Laws 1982, c. 55, § 2, operative July 1, 1982; Laws 2001, c. 146, § 44, emerg. eff. April 30, 2001. Renumbered from § 1108 of this title by Laws 2001, c. 146, § 251, emerg. eff. April 30, 2001. Amended by Laws 2007, c. 195, § 9, emerg. eff. May 31, 2007; Laws 2015, c. 195, § 3, eff. Nov. 1, 2015.