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for the purpose of nominating two qual. (d) "Form A” means Cotton Proified persons for each member and for ducer's Note, Form CCC Cotton A. each alternate member to be selected to (e) “Gin code number” means the represent cotton producers of such cot- identification number assigned to each ton-producing State on the Cotton cotton gin by the Cotton Division, ConBoard. Such representative shall be (1) sumer and Marketing Service, U.S. Dea cotton producer and resident of such partment of Agriculture. State, (2) an officer or member of the (f) "Handle" means to harvest, gin, Board of Directors of such association, warehouse, compress, purchase, market, and (3) duly and unqualifiedly author- transport, or otherwise acquire ownerized in writing by such association to ship or control of cotton. make nominations for such State on its (g) "Handler" means any person who behalf. The representative of the Direc- handles cotton, including CCC. tor designated to attend the caucus (h) “Marketing" means any sale of meeting in each State shall ascertain the cotton, or the pledging of cotton to CCC aforesaid qualifications of each repre- as collateral for a price support loan. sentative to determine his eligibility to (1) “Marketing year" means a conparticipate in said meeting and to make secutive 12-month period ending on nominations. Each caucus shall be con- July 31. ducted as follows:
(j) “Person" means any individual, (a) The representative from the Cot
partnership, corporation, association, or ton Division shall act as temporary any other entity, whether governmental chairman and shall explain the proce- or private. dure for nominations and the duties of
(k) "Producer" means any person who the Cotton Board.
owns or shares in a cotton crop (or in (b) The representatives in attendance
the proceeds thereof) as landowner, from the certified cotton producer orga- landlord, tenant, or sharecropper. nizations shall then select a chairman
(1) "Secretary" means the Secretary and a secretary.
of Agriculture of the United States, or (c) At each caucus there shall be pre
any officer or employee of the U.S. Desented for nomination and there shall
partment of Agriculture to whom aube nominated not less than the number
thority has heretofore been delegated, or oi nominees required under the provi- to whom authority may hereafter be delsions of 83 1205.318, 1205.320, and egated, to act in his stead. 1205.402.
GENERAL Subpart-Cotton Board Rules and
& 1205.505 Communication. Regulations
All reports, requests, and applications AUTHORITY: The provisions of this subpart for refunds and communications in conissued under sec. 7, 80 Stat. 281, 7 U.S.C.
nection with the cotton research and 2106; Cotton Research and Promotion Order,
promotion order shall be addressed as 7 CFR 1205.327, 31 FR. 16759.
follows: Cotton Board, Post Office Box SOURCE: The provisions of this subpart 4948, Memphis, Tenn. 38104. appear at 82 FR. 7068, May 10, 1967, unless otherwise noted.
$ 1205.510 Levy of assessment.
An assessment of $1 per bale for cote 1205.500 Terms defined.
ton research and promotion is hereby As used throughout this subpart, un- levied on each bale of upland cotton that less the context otherwise requires, the is produced from cotton harvested and following terms shall mean:
ginned on and after June 10, 1967. Such (a) “ASCS” means the Agricultural assessment shall be payable and colStabilization and Conservation Service lected only once on each bale. of the U.S. Department of Agriculture. $ 1205.511 Payment and collection. (b) “Cotton Board” means the ad
The assessment shall be paid by the ministrative body established pursuant
producer of the cotton to the collecting to the Cotton Research and Promotion
handler designated in $ 1205.512. I Order.
more than one producer shares in the (c) "CCC" means the Commodity proceeds received from a bale, each such Credit Corporation.
producer is obligated to pay that por
tion of the assessment which is equivalent to his proportionate share of the proceeds. Failure of the handler to collect the assessment on each bale shall not relieve the handler of his obligation to remit the assessment to the Cotton Board as required in $$ 1205.512 and 1205.513. $ 1205.512 Collecting handlers and
time of collection. 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 pur, chases 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
Board. Each collecting handler shall lected pursuant to this subpart may obprepare a separate report form each tain a refund of such assessment only reporting period for each gin from which by following the procedures prescribed such handler handles cotton on which he in this section. is required to collect the assessment dur- (a) Application form. A producer ing the reporting period. Each report shall obtain a refund application form shall be mailed in duplicate to the Cot- from the Cotton Board by such producer. ton Board within 10 days after the close Such form may be obtained by written of the reporting period and shall contain request to the Cotton Board and the rethe following information:
quest shall bear the producer's signature (1) Date of report.
or his properly witnessed mark. (2) Reporting period covered by (b) Submission of refund application report.
to Cotton Board. Any producer request(3) Gin code number.
ing a refund shall mail an application on (4) Name and address of handler. the prescribed form to the Cotton Board
(5) Listing of all producers from within 90 days from the date the assesso whom the handler was required to col- ment was paid on the cotton. The relect the assessment, their addresses, and fund application shall show (1) prototal number of bales for each producer ducer's name and address; (2) collecton which the handler was required to ing handler's name and address; (3) gin collect the assessment.
code number; (4) number of bales on (6) Date of last report remitting as- which refund is requested; (5) date or sessments to the Cotton Board.
inclusive dates on which assessments (c) Remittances. The collecting han- were paid; and (6) the producer's signadler shall remit all assessments to the ture or properly witnessed mark. Where Cotton Board with the report required more than one producer shared in the in paragraph (b) of this section. All assessment payment on cotton, joint or remittances sent to the Cotton Board by separate refund application forms may collecting handlers shall be by check, be filed. In any such case the refund apdraft, or money order payable to the plication shall show the names, addresses order of the “Cotton Board". All remit- and proportionate shares of all such protances shall be received subject to col- ducers. The refund application form lection and payment at par.
shall bear the signature or properly wit$ 1205.514 Receipts for payment of as
nessed mark of each producer seeking
a refund. sessments.
(c) Proof of payment of assessment. Each collecting handler who is re
The receipt given to the producer by the quired by $ 1205.512 to give the producer a receipt showing payment of the $1 per
collecting handler, or a copy thereof, or bale cotton research and promotion as
such other evidence satisfactory to the sessment shall include such receipt as
Cotton Board, shall accompany the propart of the invoice or settlement sheet ducer's refund application. Within 60 for the cotton, or shall give the producer
days from the date the properly executed a separate receipt form. The document application for refund is received by the given to the producer as a receipt shall Cotton Board, the Cotton Board shall contain the following information:
make remittance to the producer. For (a) Name and address of collecting joint applications, the remittance shall handler.
be made payable jointly to all eligible (b) Gin code number of gin at which
producers signing the refund applicacotton was ginned.
tion form. Receipts submitted with re(c) Name and address of producer
fund applications shall be returned to who paid assessment. (d) Number of bales on which assess
the producer with his refund by the Cotment was paid.
ton Board. (e) Date on which assessment was
(32 F.R. 7068, May 10, 1967, as amended at
33 F.R. 9874, July 10, 1968] paid by producer. REFUNDS
WAREHOUSE RECEIPTS f 1205.520 Procedure for obtaining re
$ 1205.525 Entry of gin code number. fund.
For each bale of cotton ginned on or Each cotton producer against whose after June 10, 1967, the warehouse that cotton any assessment is made and col- 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 8 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 Wales 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
to the Cotton Board within 10 days after the close of ginning operations covering bales ginned after January 15. (33 F.R. 9874, July 10, 1968] § 1205.531 Records.
Each handler required to make reports pursuant to this subpart shall maintain such books and records as are necessary to verify the reports. § 1205.532 Retention period for reports
and records. 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.
CHAPTER XII-STATISTICAL REPORTING SERVICE
(AGRICULTURAL STATISTICS), DEPARTMENT OF AGRICULTURE
PART 1300—PEANUT STATISTICS Sec. 1300.1 Scope of regulations. 1300.2 Definitions. 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 F.R. 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 re
ports; forms to be used; where avail.
able. (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