2006 Code of Virginia § 3.1-684.14 - Handler to deduct assessment from payment to farmer; report and payment by handler

3.1-684.14. Handler to deduct assessment from payment to farmer; report andpayment by handler.

For the purpose of carrying out the provisions of this chapter, theprocessor, dealer, shipper, exporter, or any other business entityhereinafter referred to as "the handler," of soybeans who purchases fromthe farmer shall deduct from payments made to the farmer for soybeans anassessment of two cents per bushel and shall remit such assessment to the TaxCommissioner in the manner and at the time hereinafter provided. The handlershall also deduct from payments made to the farmer for soybeans any nationalassessment that shall be approved under federal law to supersede the statelaw and shall remit such assessment to the Tax Commissioner in the manner andat the time hereinafter provided. The Tax Commissioner shall provide to theBoard copies of excise tax returns and other information as may be necessaryfor the Board to comply with Virginia and federal soybean assessmentprograms. "Handler," as used in this section, includes any person, publicor private corporation, the Federal Commodity Credit Corporation, or anyassociation or partnership buying, accepting for shipment, or otherwiseacquiring property in soybeans from a producer, and shall include amortgagee, pledgee, lienor, or other person, public or private, having aclaim against the producer, when the actual or constructive possession ofsuch soybeans is taken as part payment or in satisfaction of such mortgage,pledge, lien, or claim. A farmer that transports and sells his soybeans outof state is considered the handler. A report to the Tax Commissioner shallbe on forms prescribed and furnished by the Tax Commissioner, and shall be astatement of the gross volume of soybeans which has been handled by thehandler and shall be filed with the Tax Commissioner by the date or dates asset forth by the Tax Commissioner covering soybeans handled during thepreceding period, as set forth by the Tax Commissioner. The Tax Commissionershall set forth the filing date or dates for reports and assessments and theperiod or periods to be covered after consultation with the Association andBoard. The assessment levied on soybeans shall be due and payable by thehandler on the same day as the report is due. Such assessment shall be paidto the Tax Commissioner and be promptly paid into the state treasury to thecredit of the Virginia Soybean Fund.

(1970, c. 431; 1982, c. 603; 1987, c. 476; 1990, c. 183; 1992, c. 124.)