Sec. 32. (a) An assessment of one-half cent ($0.005) per bushel must be collected on all corn sold in Indiana. The assessment may be imposed and collected on a quantity of corn only once and must be collected by the first purchaser. A buyer of corn who purchases more than one hundred thousand (100,000) bushels annually for the buyer’s own use as seed or feed is responsible only for collecting checkoff assessments on corn purchases made after the buyer exceeds the one hundred thousand (100,000) bushel threshold and becomes a first purchaser. The rate of the assessment imposed by this section may be changed only by the general assembly.

     (b) The first purchaser of a quantity of corn shall deduct the assessment on the corn from the money to be paid to the producer based on the sale of the corn. A first purchaser shall accumulate assessments collected under this subsection throughout each of the following periods:

Terms Used In Indiana Code 15-15-12-32

  • bushel: means fifty-six (56) pounds of corn by weight. See Indiana Code 15-15-12-2
  • council: refers to the Indiana corn marketing council established by section 17 of this chapter. See Indiana Code 15-15-12-4
  • first purchaser: means a person who is engaged in Indiana in the business of buying corn from producers. See Indiana Code 15-15-12-8
  • producer: means a person engaged in the business of producing and marketing corn in Indiana under:

    Indiana Code 15-15-12-13

  • sale: means a conveyance of title to corn or the pledge or other encumbrance of corn as security for a loan extended by the Commodity Credit Corporation under a federal price support loan program. See Indiana Code 15-15-12-16
(1) January, February, and March.

(2) April, May, and June.

(3) July, August, and September.

(4) October, November, and December.

     (c) At the end of each period, the first purchaser shall remit to the council all assessments collected during the period. A first purchaser who remits all assessments collected during a period within thirty (30) days after the end of the period is entitled to retain three percent (3%) of the total of the assessments as a handling fee.

     (d) The assessment on the sale of the corn must occur when the payment for the corn is received by the producer.

     (e) A first purchaser who is not subject to the assessment under this section shall sign and date an exemption form. The council shall prepare the exemption form.

[Pre-2008 Recodification Citation: 15-4-10-26.]

As added by P.L.2-2008, SEC.6. Amended by P.L.98-2012, SEC.10.

  Previous section
Next section  
 Chapter 12 Contents