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State Statutes - Idaho - Title 25 - Chapter 34 - 25-3405
Idaho Statutes
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25-3405 - PAYMENT AND COLLECTION OF ASSESSMENT
(1) The assessment shall
not be collected unless more than one-half (1/2) of the votes cast in the
referendum are in favor of the assessment. If more than one-half (1/2) of the
votes cast in the referendum are in favor of the assessment, then the
association shall notify the department of the amount of the assessment and
the effective date of the assessment. The department shall notify all buyers
and pork producers of the assessment.
(2) Each pork producer shall pay an assessment on each porcine animal
sold to a buyer.
(3) A buyer of a porcine animal shall collect the assessment when buying
a porcine animal by deducting the assessment from the price paid for the
animal. The buyer shall remit collected assessments to the department no later
than the tenth day of the following month. The department shall provide forms
to buyers for reporting the assessment. If the total assessments collected by
a buyer in a month are less than twenty-five dollars ($25.00), the buyer may
keep the assessments until the total amount due is at least twenty-five
dollars ($25.00) or the end of the quarter, whichever comes first. All buyers
shall file at least one (1) report in each calendar quarter, regardless of the
amount due.
(4) A buyer of porcine animals shall keep records of the number of
porcine animals purchased and the date purchased. Records shall be maintained
for two (2) years and be available for inspection and reproduction by the
department at all reasonable times. All financial information or records
regarding purchases of porcine animals by individual buyers shall be kept
confidential by employees or agents of the department and the association, and
shall not be disclosed except by court order.
(5) A pork producer, who sells directly to an out-of-state buyer, shall
pay the assessment. The producer shall remit assessments to the department no
later than the tenth day of the month following the date of sale. The
department shall provide forms to producers for reporting and remitting the
assessment. If the total assessments owed by a producer in a month are less
than twenty-five dollars ($25.00), the producer may accumulate the assessments
until the total amount due is at least twenty-five dollars ($25.00) or the end
of the quarter, whichever comes first. All producers shall file at least one
(1) report in each calendar quarter, regardless of the amount due.
(6) A producer shall keep records of the number of porcine animals sold,
the market sold to and the date of sale. Records shall be maintained for two
(2) years and be available for inspection and reproduction by the department
at all reasonable times. All financial information or records regarding sale
of porcine animals to out-of-state markets by producers shall be kept
confidential by employees or agents of the department and the association, and
shall not be disclosed except by court order.
(7) The association may bring an action to recover any unpaid
assessments, plus the reasonable costs, including attorney fees, incurred in
the action.
 
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