Compilation of Rules and Regulations of the State of Georgia Department 94 - AGRICULTURAL COMMODITY COMMISSION FOR CANOLA
Department 94 – Agricultural Commodity Commission for Canola
Chapter 94-1: Marketing Order for Canola
Rule 94-1-.01 — Product Affected
This marketing order applies to all varieties of canola.
Rule 94-1-.02 — Area of Production Affected
The area of production affected by this marketing order is the entire State of Georgia.
Rule 94-1-.03 — Scope of Operation
The scope of operation under this marketing order includes:
Research
Promotion
Education
relating to canola and the marketing of canola.
Rule 94-1-.04 — Extent of Operation
The extent of operation of this marketing order shall be determined by the Commission in accordance with statutory authority and limitations, including the use of funds for authorized purposes.
Rule 94-1-.05 — Term of Operation
The initial term of this marketing order was established for a three-year period beginning April 1, 1995, and ending March 31, 1998, unless continued or extended as provided by law.
Rule 94-1-.06 — Method of Approval
This marketing order is approved by referendum of affected producers conducted under applicable statutory authority.
Rule 94-1-.07 — Time for Approval
When a referendum is required, ballots shall be received during a thirty-day period. The Commissioner may declare the marketing order approved upon receipt of the required number of favorable ballots.
Rule 94-1-.08 — Affected Producers
This marketing order applies to all producers of canola, including canola produced as seed and other oilseed rape types, whether sold within or outside the State of Georgia.
Rule 94-1-.09 — Method of Finance
Programs and expenses under this marketing order shall be financed by an assessment not to exceed two percent of the total gross value per bushel of canola produced for sale.
The Commission may borrow money and pledge anticipated assessment collections to ensure sufficient funds for authorized activities.
Rule 94-1-.10 — Method of Collection
The assessment shall be levied upon producers of canola.
Handlers, sales agents, packers, and processors shall deduct the assessment from payments made to producers and remit the assessment to the Commissioner of Agriculture for the producer’s account.
The Commissioner may establish reporting, auditing, and accounting procedures necessary for collection of assessments.
Rule 94-1-.11 — Administration and Enforcement
The Commissioner of Agriculture shall administer and enforce the provisions of this marketing order, including the collection of levies and assessments.
Rule 94-1-.12 — Expenditure of Funds
Funds collected under this marketing order may be expended by the Commission to:
Defray costs and expenses incurred in carrying out the order
Pay actual administrative costs
Compensate personnel, committees, advisory boards, and other assistance as necessary
Rule 94-1-.13 — Contracts
The Commission is authorized to enter into contracts necessary to carry out the purposes and duties of this marketing order.
Rule 94-1-.14 — Records
Each affected person shall maintain accurate records showing the true amount of canola produced, sold, or purchased. Such records shall be made available for inspection and audit by the Commissioner of Agriculture.
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