S.C. Code Ann. Regs. 5-93 – Assessments and Assessment Funds.

1. Assessments Levied. On and after the effective date of this marketing order, there is hereby levied and there shall be collected by the Commission as provided in Section 46-17-310 upon swine produced in the State and sold by the producer for slaughter, for breeding purposes, or as feeder pigs an annual assessment which shall be paid by the producer upon each and every animal sold or delivered for sale by or for him either in or out of the State of South Carolina provided, however, that no assessment shall be collected on the following:
1. a. Swine or pork of a producer’s own production used by him on his own premises for personal consumption.
2. b. Swine or pork donated or shipped for relief or charitable purposes.
2. Amount of Assessment.
a. The maximum amount of any assessment under this marketing order shall be five cents ($.05) per animal sold or marketed by the producer thereof as feeder pigs, for slaughter, or for breeding purposes.
b. The amount of assessment per affected animal shall be determined annually by the Board and shall not exceed the maximum amount herein stated.
c. Such assessments shall be collected from the producers by the first buyer who shall deduct the full amount of assessment from the total proceeds due the producer and shall remit to the Commission on a monthly basis on or before the tenth (10th) day of the month immediately following such deduction all assessments so collected. In the case of breeding stock and feeder pigs, assessments shall be collected from the producer by the operator of any organized breeding stock or feeder pig sale; by the first buyer; or by other individuals, firms, or organizations designated by the Board as the collecting agency. Any individual, firm, or organization so designated who fails or neglects to collect such assessment from any producer and/or to remit such collection to the Commission as herein stated or by rules and regulations duly issued by the Board shall be considered to be in violation of this marketing order. Every person convicted of such violation pursuant to Section 46-17-400 shall be punished by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500) or by imprisonment of not less than ten (10) days nor more than six (6) months, or both. Each violation during any day shall constitute a separate offense.
d. Any producer who by virtue of his activities or circumstances shall sell, ship, or otherwise dispose of swine to an individual or buyer or direct to a slaughterer, or ship swine outside the jurisdiction of this marketing order, shall forthwith remit to the Commission the full amount of the assessment due. Any producer who fails to pay or remit such assessment as herein provided shall be considered to be in violation of this marketing order, and shall upon conviction be punished as provided above.
e. The Board shall make and furnish to each distributor, processor, and producer such rules, regulations, and procedures established within the provisions of this regulation and of the Act to insure the collection of such assessments as shall be due and payable.
f. On or before the beginning of each marketing season, the Board shall give reasonable notice to all producers, distributors, handlers, processors, and other affected persons of the amount of assessment and the rules, regulations, procedures, and methods of collection of assessments.
3. Funds.
a. The Commission shall deposit all monies collected pursuant to this marketing order in a separate account allocated to the Board, and such account shall be in the name of the South Carolina Pork Board pursuant to Section 46-17-370. Expenses and disbursements incurred and made pursuant to the Act and this marketing order shall be made by voucher, draft, or check bearing the signature of the Chairman of the Board and one other person designated by majority vote of the Board; which person shall be either a member or an employee of the Board.
b. Monies collected by the Commission and Board pursuant to the Act and this marketing order as assessments shall be used by the Board only for the purpose of paying for the costs or expenses arising in connection with carrying out the purposes and provisions of the Act and this marketing order.
c. At the end of each fiscal year, the Board shall determine the total amount of assessment paid by all affected producers of swine or pork and shall verify that this total annual assessment does not exceed five (5) percent of the total market value of all affected units sold or marketed or delivered for sale or marketing by all affected producers during the preceding fiscal year to which the assessment applies. In the event that the total assessment levied upon all producers exceeds five (5) percent of said total market value of all affected units, the Board shall cause to be refunded to each affected producer an amount equal to the excess over five (5) percent of his pro rata share of such total assessment. Provided, however, that amounts of money less than one dollar ($1.00) shall not be returned to any individual producer pursuant to this Section but shall instead be retained by the Board for use in furtherance of this marketing order and of the Act.
4. Refund of Assessments. Any producer may, if dissatisfied with any assessment that has been levied and collected, be refunded the full amount of such assessment provided that demand for refund is made in writing and in the hands of the Commission and of the Chairman of the Board within 30 days from the date upon which assessment was due and that such assessment was properly paid and receipt issued prior to this date; provided that the payment of the assessment was not the result of legal action brought against such producer.