Okla. Stat. tit. 2, § 2-3-50.9a

A. 1. The assessment imposed pursuant to the provisions of the

Boll Weevil Eradication Act shall be levied on a cotton grower at

the time of sale and shall be collected and remitted to the board of

directors by the cotton gin serving as the selling agent for the

cotton produced. The cotton gins shall furnish monthly reports to

the board of directors on or before the fifteenth day of each month

regarding the assessments collected, pay all of the assessments

collected each month, and furnish the board with any other

information reasonably requested by it to ensure the collection of

the assessments for each grower.

2. Pursuant to the provisions of the Boll Weevil Eradication

Act no cotton shall be subject to assessment of a fee more than

once.

B. 1. The cotton gin serving as selling agent for the cotton

grower shall collect the assessment in the same manner as ginning

costs are deducted from the purchase price of the cotton or from any

funds advanced for that purpose.

2. The board of directors, by registered or certified mail,

shall notify each cotton gin of the duty to collect the assessment,

the manner in which the assessment is to be collected, and the date

on or after which the cotton gin is to begin collecting the

assessment, the date by which an accounting of all assessments

collected and paid will be submitted, and the date by which the

balance of previously collected assessment shall be paid.

3. The amount of the assessment collected shall be clearly

shown on the sales invoice or other document evidencing the

transaction. The cotton gin, as the seller's agent, shall furnish a

copy of the document to the cotton grower.

C. 1. The cotton gin may rely upon the information or

certification provided by the board of directors to the cotton gin

regarding cotton acres and other related information as deemed

necessary by the board of directors in determining the amount of

assessment due and owing from the cotton grower.

2. A cotton gin that uses due diligence in collecting an

assessment from a cotton grower based upon information or a

certification provided by the board of directors regarding the

Oklahoma Statutes - Title 2. Agriculture Page 107

cotton grower shall be relieved of any liability for any errors or

omissions in the assessment should it be determined that the

assessment was inaccurate.

3. The provisions contained in this section apply to all cotton

gins located in the State of Oklahoma or in any other state. Any

gin that, whether by design or inadvertent act, fails to forward to

the board of directors by June 1 of each year an accounting of all

assessments collected and paid, as well as payment for all

assessments previously collected but not paid, shall be subject to

an administrative penalty or fine pursuant to the Boll Weevil

Eradication Act.

D. Every cotton grower shall keep accurate production records

on the amount of cotton ginned and the number of acres planted and

harvested for a minimum of two (2) years. Copies shall be furnished

to any authorized agent of the board of directors or the State Board

of Agriculture at any time during reasonable business hours of the

cotton grower immediately upon oral request, or within ten (10)

working days of any written request.

E. Failure to pay the required assessment or any remaining

amount due shall result in an administrative penalty or fine to the

grower, or other legal action to the grower or to the cotton gin

when the assessment has been collected from the cotton grower.