Alabama § 2-8-133 - Collection of Assessment; Disposition.

§ 2-8-133. Collection of Assessment; Disposition.

(a) In the event a majority of the producers eligible for participation in a referendum conducted under this article and voting therein vote in favor of the assessment, the assessment shall be collected annually for five years, as set forth in the call for the referendum, and the collection of the assessment shall be under such method, rules, and regulations as may be determined by the organization conducting the referendum. The assessment collected shall be paid into the treasury of the organization conducting the referendum, to be used together with other funds from other sources, including donations from individuals or other entities and grants from state or governmental agencies, for the purpose of promoting and encouraging, by research, education, advertising, and other methods, the increased use and sale, domestic and foreign, of the agricultural commodity covered by the referendum.

(b) Upon the request of the certified organization of producers of any agricultural products referred to in this article, the Commissioner of Agriculture and Industries shall notify, by registered or certified mail, all persons engaged in the business of purchasing any such agricultural products in this state that on and after the date specified in the letter the assessments shall be deducted by the purchaser or his or her agent or representative from the purchase price of any such agricultural products. The assessment deducted, on or before the twentieth day of the month following the deduction, shall be remitted by the purchaser to the Commissioner of Agriculture and Industries, who, by the end of the month, shall pay the amount of the assessments to the certified organization entitled thereto. The books and records of all the purchasers of agricultural products shall be open at all times during regular business hours for inspection by the Commissioner of Agriculture and Industries or his or her authorized agents. The Commissioner of Agriculture and Industries shall be entitled to deduct three percent of all sums remitted to him or her under this section to defray the expense incident to the administration of this article. All amounts deducted shall be paid into the State Treasury and be credited to the Agricultural Fund.