Okla. Stat. tit. 2, § 2-18-36
This is the official text of Okla. Stat. tit. 2, § 2-18-36, part of Oklahoma’s Stat. tit. 2, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 2,." Browse the sections below, each linked to its official government source.
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Assessment of fee – Exemption
Official statutory text
A. The Oklahoma Beef Council may levy on each producer selling
cattle within or from this state an assessment of up to One Dollar
($1.00) per head on cattle sold. The state assessment shall be
determined by the Council through the promulgation of rules
established pursuant to the Administrative Procedures Act. In no
event shall the combined federal and state beef assessment exceed
One Dollar ($1.00).
B. The fee shall be assessed and imposed as follows:
1. Upon the cattle producer at the time of a sale by the
producer. Except for a sale through a market agent, the assessment
shall be collected and remitted by the producers to the Council; or
2. Every market agent doing business in the State of Oklahoma
shall deduct from the gross receipts of the producer at the time of
sale the assessment on all cattle sold in the state for the
producer.
C. 1. The Council shall establish, by rule, the procedures for
the collection and remittance of the assessment.
2. The amount of the assessment collected shall be clearly
shown on the sales invoice or other document evidencing the
transaction.
3. The producer and marketing agent shall forward all
assessments collected by the producer or market agent, as
appropriate, to the Council by the fifteenth of the month following
the month of collection. The Council shall provide appropriate
forms for the remittance of the assessment.
Oklahoma Statutes - Title 2. Agriculture Page 638
D. The Council shall maintain within its financial records a
separate accounting of all monies received pursuant to the
provisions of this section.
E. All monies deducted under the provisions of this section
shall be considered as bona fide business expenses for the producer
as provided for under the tax laws of this state.
F. The Council may adopt reciprocal agreements with other beef
councils or similar organizations on monies collected by Oklahoma
market agents on cattle from other states and on Oklahoma cattle
sold at other states’ markets.
G. A person may be exempted from payment of the assessment if
that person:
1. Certifies that the person's only share in the proceeds of a
sale of cattle is a sales commission, handling fee, or other service
fee; or
2. Certifies that:
a. the person acquired ownership of cattle only to
facilitate the transfer of ownership of the cattle
from the producer to a third party,
b. the cattle were resold no later than ten (10) days
from the date the person acquired ownership, and
c. the assessment, if applicable, was levied upon the
previous owner and collected and remitted, or will be
remitted pursuant to the provisions of the Oklahoma
Beef Improvement and Market Development Act.
cattle within or from this state an assessment of up to One Dollar
($1.00) per head on cattle sold. The state assessment shall be
determined by the Council through the promulgation of rules
established pursuant to the Administrative Procedures Act. In no
event shall the combined federal and state beef assessment exceed
One Dollar ($1.00).
B. The fee shall be assessed and imposed as follows:
1. Upon the cattle producer at the time of a sale by the
producer. Except for a sale through a market agent, the assessment
shall be collected and remitted by the producers to the Council; or
2. Every market agent doing business in the State of Oklahoma
shall deduct from the gross receipts of the producer at the time of
sale the assessment on all cattle sold in the state for the
producer.
C. 1. The Council shall establish, by rule, the procedures for
the collection and remittance of the assessment.
2. The amount of the assessment collected shall be clearly
shown on the sales invoice or other document evidencing the
transaction.
3. The producer and marketing agent shall forward all
assessments collected by the producer or market agent, as
appropriate, to the Council by the fifteenth of the month following
the month of collection. The Council shall provide appropriate
forms for the remittance of the assessment.
Oklahoma Statutes - Title 2. Agriculture Page 638
D. The Council shall maintain within its financial records a
separate accounting of all monies received pursuant to the
provisions of this section.
E. All monies deducted under the provisions of this section
shall be considered as bona fide business expenses for the producer
as provided for under the tax laws of this state.
F. The Council may adopt reciprocal agreements with other beef
councils or similar organizations on monies collected by Oklahoma
market agents on cattle from other states and on Oklahoma cattle
sold at other states’ markets.
G. A person may be exempted from payment of the assessment if
that person:
1. Certifies that the person's only share in the proceeds of a
sale of cattle is a sales commission, handling fee, or other service
fee; or
2. Certifies that:
a. the person acquired ownership of cattle only to
facilitate the transfer of ownership of the cattle
from the producer to a third party,
b. the cattle were resold no later than ten (10) days
from the date the person acquired ownership, and
c. the assessment, if applicable, was levied upon the
previous owner and collected and remitted, or will be
remitted pursuant to the provisions of the Oklahoma
Beef Improvement and Market Development Act.
Status: in_force · Read it on the official government site
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