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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 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 Ofice 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 à 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 ob prepare 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 assesswhom 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 balés 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 required by § 1205.512 to give the producer

The receipt given to the producer by the à 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 paid by producer.

33 F.R. 9874, July 10, 1968] REFUNDS

WAREHOUSE RECEIPTS § 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 $ 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 JanDary 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 X11-STATISTICAL REPORTING SERVICE

(AGRICULTURAL STATISTICS), DEPARTMENT OF AGRICULTURE

PART 1300—PEANUT STATISTICS of the United States who is authorized Sec.

to exercise the powers and to perform 1300.1 Scope of regulations.

the duties of the Secretary of Agriculture 1300.2 Definitions.

under the act. 1300.3 Persons required to submit reports; forms to be used; where available.

$ 1300.3 Persons required to submit re1300.4 Time when reports are due.

ports; forms to be used; where avail.

able. AUTHORITY: The provisions of this part

(a) The following persons are required 1300 issued under sec. 6, 49 Stat. 1899; 7 U.S.C. 956.

to submit monthly reports, as follows:

(1) Peanut cleaners, shellers, crushers SOURCE: The provisions of this Part 1300

and manufacturers of crude peanut oil, appear at 23 F.R. 2375, Apr. 11, 1958. Redesignated at 28 F.R. 4788, May 14, 1963.

peanut cake and meal are required to

report on Form C. E. 6–18 “A”, Peanut § 1300.1 Scope of regulations.

Stocks and Processing Report, invenUnder the act of June 24, 1936, as tories, receipts and disposition of amended (49 Stat. 1898; 7 U.S.C. 951- farmers' stock peanuts and inventories, 957), the Secretary of Agriculture is au- production, receipts and disposition of thorized and directed to collect and pub- milled peanut products; lish statistics of raw peanuts, shelled, (2) Peanut salters and manufacturers unshelled, and crushed, and peanut oil, in of peanut products (including but not the United States, received, processed, limited to manufacturers of peanut shipped, and owned by or in the posses- candy, peanut butter, peanut butter sion of warehousemen, brokers, cleaners, sandwiches, granulated peanuts, peanut shellers, dealers, growers' cooperative as- flour, pcanuts roasted in shell, peanuts sociations, crushers, salters, manufac- salted in the shell and other miscellaturers of peanut products, and owners neous peanut products) processing in other than the original producers of pea- excess of 10,000 pounds of raw peanuts nuts. The purposes of the regulations in (shelled, unshelled, or both) during the this part are to implement this statute calendar year immediately preceding the and, where discretion is vested in the year in which the report is due, are reSecretary of Agriculture to prescribe quired to report on Form C. E. 6-18 rules, to set forth the applicable ruies. "CP", Peanut Stocks and Processing Re$ 1300.2 Definitions.

port, receipts, disposition, and stocks of

raw peanuts: As used in the regulations in this part: (3) Warehousemen, brokers, dealers, (a) “Act" means the act of June 24,

growers, cooperative associations and 1936, as amended (49 Stat. 1898; 7 U.S.C. all other owners other than original pro951-957);

ducers of peanuts are required to report (b) "Person" includes individuals, on Form C. E. 6–18 “B”, Peanut Stocks partnerships, corporations, and associa

Reports, all shelled peanuts, roasting tions;

stock peanuts, and farmers' stock pea(c) "Secretary" means the Secretary nuts on hand at the end of the month: of Agriculture or any oficer or employee Provided, however, That published or

typed reports of growers' cooperative associations showing stocks on hand by warehouse locations and types of peanuts may be submitted in lieu of Form C. E. 618 “B” since such reports contain the required information in an acceptable form.

(b) The forms identified in paragraph (a) of this section will be furnished by the Agricultural Estimates Division, Agricultural Marketing Service, United States Department of Agriculture, Washington 25, D.C.

$ 1300.4 Time when reports are due.

Each report required by $ 1300.3 shall be addressed to the Agricultural Estimates Division at the address given in § 1300.3 (b) and placed in the mail within six days after the end of the month to which such report relates.

NOTE: The reporting requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

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