Program Participation, Fee Payment and Penalties

PURPOSE: This rule describes the program cost, fee payment schedule and penalties for nonpayment of fees in the boll weevil eradication program. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material. (1) Upon passage of the grower referendum conducted under the provisions of section 263.527, RSMo 2000, all cotton growers in the affected regions as set out in 2 CSR 7013.015, as defined by the Certified Cotton Growers Organization, shall be required to participate in the boll weevil eradication program as follows: (A) Upon implementation of a boll weevil eradication program, all cotton growers in an eradication area shall certify their actual cotton acreage with their local Farm Service Agency (FSA) office in accordance with the FSA final certification date; (B) Each year the boll weevil eradication program is in operation, the Certified Cotton Growers Organization shall set an assessment fee each year, which shall not exceed fifteen dollars ($15) per acre of cotton as certified with FSA including any non-certified cotton acreage that is trapped and/or treated; (C) During each year that the eradication program is in operation, all cotton growers shall pay all fees to the Missouri Department of Agriculture by the date set by the Certified Cotton Growers Organization, but in no event shall each year’s payment date be set after December 1; and (D) Upon notification from the department, the grower of any noncommercial or ornamental cotton grown in the state shall file a location registration form with the department. (2) Failure to pay all assessments due on or before such date as designated by the Certified Cotton Growers Organization will result in a late assessment charge of up to five dollars ($5) per acre. A cotton grower who fails to pay all assessments, including late assessment charge, is subject to all provisions of section 263.534, RSMo 2000 and may be subject to a five dollar ($5) per acre penalty. (3) Any cotton grower may apply for a waiver requesting delayed payment. Any cotton grower applying for a waiver shall make application in writing to the director on a form prescribed by the director. This request must be accompanied by an assignment of payment form (FSA form CCC-36, which is incorporated by reference) designating the Missouri Department of Agriculture as first assignee. Should a grower not be eligible to use FSA form CCC-36 as required, a financial statement from a bank or lending agency will be required to be submitted with the waiver application. Any cotton grower submitting an approved FSA form CCC-36 will not be charged additional penalties or interest for delayed payment. Growers who do not have an FSA CCC-36 form on file with the waiver application will be charged interest payable at a rate equal to one percent (1%) above prime per annum as listed in the Wall Street Journal on the date of the waiver application. The decision whether or not to waive all or part of these requirements shall be made by the director with the approval of the Board of Directors of the Certified Cotton Growers Organization and notification given to the cotton grower by the director within thirty (30) days after receipt of such application. Failure to file a completed waiver request for delayed payment on or before the designated assessment payment deadline will result in a late assessment charge of up to five dollars ($5) per acre and may be subject to a penalty of up to five dollars ($5) per acre. Waivers will expire on a designated date within one (1) year of date of approval. Growers that have not paid assessments and interest by the designated date or have not requested an extension of the waiver will be subject to late assessment charge of up to five dollars ($5) per acre and may be subject to a penalty of up to five dollars ($5) per acre. (4) At such times as are beneficial to the boll weevil eradication program, the Certified Cotton Growers Organization may authorize credits for early cotton stalk destruction. Such credits shall be applied to the subsequent year’s assessment as determined by the Certified Cotton Growers Organization. In order to claim such credits— (A) The cotton grower must have a completed stalk destruction verification form; (B) The stalk destruction must be verified by an authorized representative of the Certified Cotton Growers Organization; and (C) The stalk destruction verification form must be received at the department no later than December 1 of the current growing season. AUTHORITY: sections 263.505, 263.512, 263.517, 263.527, RSMo 2000 and 263.534, RSMo Supp. 2005.* Original rule filed June 29, 1999, effective Dec. 30, 1999. Amended: Filed March 29, 2001, effective Oct. 30, 2001. Emergency amendment filed Aug. 21, 2003, effective Aug. 31, 2003, expired Feb. 16, 2004. Amended: Filed Aug. 21, 2003, effective March 30, 2004. Amended: Filed Sept. 29, 2005, effective March 30, 2006. *Original authority: 263.505, RSMo 1995; 263.512, RSMo 1995; 263.517, RSMo 1995; 263.527, RSMo 1995, amended 1998; and 263.534, RSMo 1995, amended 2004.