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 10 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: (i) a penalty equal to 10% of the amount due is to be added to the assessment; and (ii) the commission may bring an action against the dealer or producer-handler for: (A) injunctive relief compelling payment of the assessment and penalty; (B) damages, including interest at the statutory prejudgment rate from the date the payment was due; (C) costs of collection, including reasonable attorney fees, whether incurred in litigation or otherwise; and (D) other relief to which the commission may be entitled at law or in equity. (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) 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.
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