H.B. 156 Enrolled

DAIRY PROMOTION ACT AMENDMENTS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David Ure
Senate Sponsor: Thomas V. Hatch

LONG TITLE
General Description:
This bill eliminates the option to request a transfer of the assessment for dairy products
to the National Dairy Board.
Highlighted Provisions:
This bill:
. eliminates the option to request a transfer of the assessment for dairy products to the
National Dairy Board.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-22-7, as last amended by Chapter 301, Laws of Utah 1999

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 4-22-7 is amended to read:
4-22-7. Assessment imposed on sale of milk or cream produced, sold, or
contracted for sale in state -- Time of assessment -- Collection by dealer or
producer-handler -- Penalty for delinquent payment or collection -- Statement to be given
to producer.
(1) An assessment of ten cents is imposed upon each 100 pounds of milk or cream

produced and sold, or contracted for sale, through commercial channels in this state.
(2) The assessment shall be:
(a) based upon daily or monthly settlements; and
(b) due at a time set by the commission, which may not be later than the last day of the
month next succeeding the month of sale.
(3) (a) The assessment shall be:
(i) assessed against the producer at the time the milk or milk fat is delivered for sale;
(ii) deducted from the sales price; and
(iii) collected by the dealer or producer-handler.
(b) The proceeds of the assessment shall be paid directly to the commission who shall
issue a receipt to the dealer or producer-handler.
(c) If a dealer or producer-handler fails to remit the proceeds of the assessment or deduct
the assessment on time, a penalty equal to 10% of the amount due shall be added to the
assessment.
(4) (a) At the time of payment of the assessment, the dealer or producer-handler shall
deliver a statement to the producer calculating the assessment.
(b) The commission may require other relevant information to be included in the
statement.
[(5) (a) A producer who objects to having the Utah Dairy Commission receive the
assessment imposed under this section may, by January 31, submit a written request to the
commission to transfer to the National Dairy Board an amount equal to the assessment the
producer paid during the previous year.]
[(b) Unless the request for transfer is withdrawn, the transfer shall be made on or before
May 30 of the year it is requested.]
[(c)] (5) If the mandatory assessment required by the Dairy and Tobacco Adjustment Act
of 1983, Pub. L. No. 98-180, 97 Stat. 1128 (1150.152), is abolished, a producer who objects to
payment of the assessment imposed under this section, may, by January 31, submit a written
request to the commission for a refund of the amount of the assessment the producer paid during

the previous year.