Missouri Laws 275.357 – State assessment for soybeans — definitions — amount, how determined. (1/2/2023)
1. As used in this section, the following terms mean:
(1) “Commodity merchandising council” or “council”, the same definition as in section 275.300 and for soybeans shall be, as provided under the federal act, the qualified state soybean board known as the Missouri Soybean Merchandising Council;
Terms Used In Missouri Laws 275.357
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- United States: includes such district and territories. See Missouri Laws 1.020
(2) “Federal act”, the Soybean Promotion, Research, and Consumer Information Act (7 U.S.C. § 6301 et seq.), as amended;
(3) “Handler”, the same definition as in section 275.300 and for soybeans includes, but is not limited to, a commodity credit corporation for situations in which soybeans are pledged as collateral for a loan issued under any Commodity Credit Corporation price support loan program and the soybeans are forfeited by the producer in lieu of loan repayment;
(4) “Net market price”:
(a) Except as provided in paragraph (b) of this subdivision, the sales price or other value received by a producer for any soybeans after adjustments for any premium or discount based on grading or quality factors, as determined by the Secretary of Agriculture of the United States, the director, or both; or
(b) For soybeans pledged as collateral for a loan issued under any Commodity Credit Corporation price support loan program and, when the soybeans are forfeited by the producer in lieu of loan repayment, the principal amount of the loan;
(5) “Processor”, the same definition as in section 275.300 and for soybeans includes, but is not limited to, a producer marketing processed soybeans or soybean products of such producer’s own production.
2. As long as an assessment made under the federal act is equal to one-half of one percent of the net market price of soybeans grown within this state, the assessment imposed and levied under section 275.350 shall be one-half of such national assessment. The state assessment shall not be in addition to the national assessment but shall correspond to the state credit or portion of the total assessment paid to the council.
3. If the assessment under the federal act is reduced to less than one-half of one percent or ceases to be effective, the state assessment imposed and levied under this section shall, for as long as such assessment is reduced or no such assessment is made, be equal to one-half of one percent of the net market price of soybeans grown within this state less any assessment paid to the United Soybean Board under the federal act.
4. The total of such state assessment and federal assessment shall be:
(1) Collected from a producer by the handler or processor first acquiring such producer’s soybeans and be remitted to the council; or
(2) Remitted by a producer marketing processed soybeans or soybean products of that producer-processor’s own soybeans to the council.
5. State fees collected under this section shall be subject to the refund provision provided under section 275.360.
6. No provision of this section shall be construed as a change to the amount of any fee collected under section 275.350 or a major change for purposes of section 275.330.