for the purpose of nominating two qualified persons for each member and for each alternate member to be selected to represent cotton producers of such cotton-producing State on the Cotton Board. Such representative shall be (1) a cotton producer and resident of such State, (2) an officer or member of the Board of Directors of such association, and (3) duly and unqualifiedly authorized in writing by such association to make nominations for such State on its behalf. The representative of the Director designated to attend the caucus meeting in each State shall ascertain the aforesaid qualifications of each representative to determine his eligibility to participate in said meeting and to make nominations. Each caucus shall be conducted as follows:

(a) The representative from the Cotton Division shall act as temporary chairman and shall explain the procedure for nominations and the duties of the Cotton Board.

(b) The representatives in attendance from the certified cotton producer organizations shall then select a chairman and a secretary.

(c) At each caucus there shall be presented for nomination and there shall be nominated not less than the number of nominees required under the provisions of §§ 1205.318, 1205.320, and 1205.402.

Subpart-Cotton Board Rules and Regulations

AUTHORITY: The provisions of this subpart issued under sec. 7, 80 Stat. 281, 7 U.S.C. 2106; Cotton Research and Promotion Order, 7 CFR 1205.327, 31 FR. 16759.

SOURCE: The provisions of this subpart appear at 32 F.R. 7068, May 10, 1967, unless otherwise noted.

(d) "Form A" means Cotton Producer's Note, Form CCC Cotton A.

(e) "Gin code number" means the identification number assigned to each cotton gin by the Cotton Division, Consumer and Marketing Service, U.S. Department of Agriculture.

(f) "Handle" means to harvest, gin, warehouse, compress, purchase, market, transport, or otherwise acquire ownership or control of cotton.

(g) "Handler" means any person who handles cotton, including CCC.

(h) "Marketing" means any sale of cotton, or the pledging of cotton to CCC as collateral for a price support loan.

(1) "Marketing year" means a consecutive 12-month period ending on July 31.

(j) "Person" means any individual, partnership, corporation, association, or any other entity, whether governmental or private.

(k) "Producer" means any person who owns or shares in a cotton crop (or in the proceeds thereof) as landowner, landlord, tenant, or sharecropper.

(1) "Secretary" means the Secretary of Agriculture of the United States, or any officer or employee of the US. Department of Agriculture to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

§ 1205.510 Levy of assessment.

An assessment of $1 per bale for cotton research and promotion is hereby levied on each bale of upland cotton that is produced from cotton harvested and ginned on and after June 10, 1967. Such assessment shall be payable and collected only once on each bale..

§ 1205.511 Payment and collection.

The assessment shall be paid by the producer of the cotton to the collecting handler designated in § 1205.512. If more than one producer shares in the proceeds received from a bale, each such producer is obligated to pay that por

Collecting handlers and the time of collecting the $1 per bale assessment shall be as follows:

(a) Except as provided in paragraph (b) of this section, any person who purchases a bale of cotton from the producer of the cotton shall be the collecting handler for such cotton. The handler shall collect the assessment at the time the handler first makes any payment or any credit to the producer's account for the cotton. The handler shall give the producer a receipt indicating payment of the assessment.

(b) Any cooperative marketing association or other person that accepts a bale of cotton from the producer of the cotton under an oral or written contract or agreement providing for the marketing of the cotton shall be the collecting handler for such cotton. Such association or person shall collect the assessment regardless of whether the cotton is marketed or tendered to CCC for price support loan. The handler shall collect the assessment at the time the handler first makes any cash advance, any payment, or any credit to the producer's account for the cotton. The handler shall give the producer a receipt indicating payment of the assessment.

(c) For bales of cotton tendered to CCC for Form A loan, except bales tendered pursuant to paragraph (b) of this section:

(1) The ASCS County Office shall be the collecting handler except as provided in subparagraph (2) of this paragraph. The ASCS County Office shall collect the assessment when it makes disbursement based on the Form A loan documents. The producer's copy of the Cotton Producer's Note (Form CCC Cotton A) shall show payment of the assessment and shall constitute the producer's receipt for payment of the assessment.

(2) Any person (other than an ASCS County Office) who advances to the producer the loan value of the cotton as shown on a Cotton Producer's Note (Form CCC Cotton A) shall be the col

lecting handler for such cotton. The handler shall collect the $1 per bale assessment at the time the handler makes any advance to the producer on the loan value of the cotton. The handler shall give the producer a receipt indicating payment of the assessment.

(d) Any person who purchases cotton in the cotton field where produced or who purchases seed cotton or unbaled lint cotton from the producer of the cotton shall be the collecting handler. The handler shall collect the assessment at the time such cotton is ginned and shall give the producer a receipt indicating payment of the assessment. When a bale is ginned that contains any such cotton purchased from more than one producer, the handler shall collect each producer's proportionate share of the assessment and shall give each producer a receipt indicating the producer's proportionate share of the assessment payment.

(e) Any person who consumes domestically or exports cotton of his own production shall be the collecting handler for such cotton. Such handler shall pay the assessment to the Cotton Board at the time the cotton is consumed or exported.

(f) Any person who obtains ownership of a bale of cotton from the producer of the cotton by transfer of any kind or by any means, under conditions other than those described in paragraph (a), (b), (c), or (d) of this section shall be the collecting handler for such cotton. Such handler shall collect the assessment at the time he takes ownership of the cotton. The handler shall give the producer a receipt indicating payment of the assessment.

-(g) In the event of a producer's death, bankruptcy, receivership, or incapacity to act, the representative of the producer, or his estate, or the person acting on behalf of creditors, shall be considered the producer of the cotton for the purposes of this section and § 1205.520.

§ 1205.513 Remittance to Cotton Board.

Each collecting handler shall transmit assessments and reports on assessments to the Cotton Board as follows:

(a) Reporting periods. Each calendar month shall be a reporting period and the period shall end at the close of business on the last day of the month.

(b) Reports. Each collecting handler shall make reports on forms made available or approved by the Cotton

(4) Name and address of handler. (5) Listing of all producers from whom the handler was required to collect the assessment, their addresses, and total number of bales for each producer on which the handler was required to collect the assessment.

(6) Date of last report remitting assessments to the Cotton Board.

(c) Remittances. The collecting handler shall remit all assessments to the Cotton Board with the report required in paragraph (b) of this section. All remittances sent to the Cotton Board by collecting handlers shall be by check, draft, or money order payable to the order of the "Cotton Board". All remittances shall be received subject to collection and payment at par.

Each collecting handler who is required by § 1205.512 to give the producer a receipt showing payment of the $1 per bale cotton research and promotion assessment shall include such receipt as part of the invoice or settlement sheet for the cotton, or shall give the producer a separate receipt form. The document given to the producer as a receipt shall contain the following information:

(a) Name and address of collecting handler.

(b) Gin code number of gin at which cotton was ginned.

(c) Name and address of producer who paid assessment.

(d) Number of bales on which assessment was paid.

(e) Date on which assessment was paid by producer.

lected pursuant to this subpart may obtain a refund of such assessment only by following the procedures prescribed in this section.

(a) Application form. A producer shall obtain a refund application form from the Cotton Board by such producer. Such form may be obtained by written request to the Cotton Board and the request shall bear the producer's signature or his properly witnessed mark.

(b) Submission of refund application to Cotton Board. Any producer requesting a refund shall mail an application on the prescribed form to the Cotton Board within 90 days from the date the assessment was paid on the cotton. The refund application shall show (1) producer's name and address; (2) collecting handler's name and address; (3) gin code number; (4) number of bales on which refund is requested; (5) date or inclusive dates on which assessments were paid; and (6) the producer's signature or properly witnessed mark. Where more than one producer shared in the assessment payment on cotton, joint or separate refund application forms may be filed. In any such case the refund application shall show the names, addresses and proportionate shares of all such producers. The refund application form shall bear the signature or properly witnessed mark of each producer seeking a refund.

(c) Proof of payment of assessment. The receipt given to the producer by the collecting handler, or a copy thereof, or such other evidence satisfactory to the Cotton Board, shall accompany the producer's refund application. Within 60 days from the date the properly executed application for refund is received by the Cotton Board, the Cotton Board shall make remittance to the producer. For joint applications, the remittance shall be made payable jointly to all eligible producers signing the refund application form. Receipts submitted with refund applications shall be returned to the producer with his refund by the Cotton Board.

[32 F.R. 7068, May 10, 1967, as amended at 33 F.R. 9874, July 10, 1968]

WAREHOUSE RECEIPTS

§ 1205.525 Entry of gin code number.

For each bale of cotton ginned on or after June 10, 1967, the warehouse that first receives the bale for storage after

ginning shall enter the gin code number of the gin at which the bale was ginned on the warehouse receipt issued for the bale.

REPORTS AND RECORDS

§ 1205.530 Gin reports and reporting schedule.

(a) Gin reports. Each year each cotton gin in the United States shall submit reports to the Cotton Board on forms or certificates made available or approved by the Cotton Board as follows:

(1) End-of-season report. Except as provided in subparagraph (2) of this paragraph, each gin shall report to the Cotton Board an alphabetical listing of producer names, their addresses, and the number of bales ginned for each such producer during its ginning season.

(2) Certificate in lieu of end-of-season report. If a gin is the collecting handler on every bale ginned at such gin and collecting handler reports and remittances of assessments have been made in accordance with § 1205.513, a certification to that effect may be made to the Cotton Board in lieu of an end-of-season report.

(b) Reporting schedule. The schedule for submitting gin reports is as follows:

(1) Each gin that completes ginning operations prior to January 16 shall make a report to the Cotton Board within 10 days after completion of ginning.

(2) Each gin that operates on or after January 16 will make a report to the Cotton Board not later than January 25 covering bales ginned through January 15.

(3) Each gin that operates after January 15 shall make a supplemental report

Each handler required to make reports pursuant to this subpart shall retain for at least 2 years beyond the marketing year of their applicability: (a) One copy of each report made to the Cotton Board; and (b) such books and records as are necessary to verify such reports.

§ 1205.533 Availability of reports and records.

Each handler required to make reports pursuant to this subpart shall make available for inspection by the Cotton Board, including its designated employees, and the Secretary any reports, books, or records required under this subpart.

CONFIDENTIAL INFORMATION

§ 1205.540 Confidential books, records, and reports.

All information obtained from the books, records, and reports of handlers and all information with respect to refunds of assessments made to individual producers shall be kept confidential in the manner and to the extent provided for in § 1205.336.

1300.3 Persons required to submit reports; forms to be used; where available. 1300.4 Time when reports are due.

AUTHORITY: The provisions of this Part 1300 issued under sec. 6, 49 Stat. 1899; 7 U.S.C. 956.

SOURCE: The provisions of this Part 1300 appear at 23 F.R. 2375, Apr. 11, 1958. Redesignated at 28 FR. 4788, May 14, 1963. § 1300.1 Scope of regulations.

Under the act of June 24, 1936, as amended (49 Stat. 1898; 7 U.S.C. 951957), the Secretary of Agriculture is authorized and directed to collect and publish statistics of raw peanuts, shelled, unshelled, and crushed, and peanut oil, in the United States, received, processed, shipped, and owned by or in the possession of warehousemen, brokers, cleaners, shellers, dealers, growers' cooperative associations, crushers, salters, manufacturers of peanut products, and owners other than the original producers of peanuts. The purposes of the regulations in this part are to implement this statute and, where discretion is vested in the Secretary of Agriculture to prescribe rules, to set forth the applicable rules. § 1300.2 Definitions.

As used in the regulations in this part: (a) "Act" means the act of June 24, 1936, as amended (49 Stat. 1898; 7 U.S.C. 951-957);

(b) "Person" includes individuals, partnerships, corporations, and associations;

(c) "Secretary" means the Secretary of Agriculture or any officer or employee

of the United States who is authorized to exercise the powers and to perform the duties of the Secretary of Agriculture under the act.

§ 1300.3 Persons required to submit reports; forms to be used; where available.

(a) The following persons are required to submit monthly reports, as follows:

(1) Peanut cleaners, shellers, crushers and manufacturers of crude peanut oil, peanut cake and meal are required to report on Form C. E. 6-18 "A", Peanut Stocks and Processing Report, inventories, receipts and disposition of farmers' stock peanuts and inventories, production, receipts and disposition of milled peanut products;

(2) Peanut salters and manufacturers of peanut products (including but not limited to manufacturers of peanut candy, peanut butter, peanut butter sandwiches, granulated peanuts, peanut flour, peanuts roasted in shell, peanuts salted in the shell and other miscellaneous peanut products) processing in excess of 10,000 pounds of raw peanuts (shelled, unshelled, or both) during the calendar year immediately preceding the year in which the report is due, are required to report on Form C. E. 6-18 "CP", Peanut Stocks and Processing Report, receipts, disposition, and stocks of raw peanuts:

(3) Warehousemen, brokers, dealers, growers, cooperative associations and all other owners other than original producers of peanuts are required to report on Form C. E. 6-18 "B", Peanut Stocks Reports, all shelled peanuts, roasting stock peanuts, and farmers' stock peanuts on hand at the end of the month: Provided, however, That published or