7 C.F.R. § 1260.310
Domestic assessments
(a) A $1.00 per head assessment on cattle sold shall be paid by the producer of the cattle in the manner designated in § 1260.311.
(b) If more than one producer shares the proceeds received for the cattle sold, each such producer is obligated to pay that portion of the assessments which are equivalent to the producer's proportionate share of the proceeds.
(c) Failure of the collecting person to collect the assessment on each head of cattle sold as designated in § 1260.311 shall not relieve the producer of his obligation to pay the assessment to the appropriate qualified State beef council or the Cattlemen's Board as required in § 1260.312.
Notes of Decisions
Cited in 3
cases, 1989–2001 · leading case: United States v. L. Robert Frame, Sr. & Vintage Sales Stables, Inc., 885 F.2d 1119 (3rd Cir. 1989).
United States v. L. Robert Frame, Sr. & Vintage Sales Stables, Inc., 885 F.2d 1119 (3rd Cir. 1989). “7 C.F.R. § 1260.310 (c). Second, Frame argues that the absence in § 2908 (which he describes as providing specific judicial and administrative remedies) of express authorization for an action for damages against collecting persons evinces congressional intent that no such suit…”
Goetz v. United States Dep't of Agric., 12 F. App'x 718 (10th Cir. 2001). “7 C.F.R. § 1260.310 . According to the Guide, “[flor private treaty sales, either the buyer or the seller may be the collecting person.”
Goetz v. United States, 99 F. Supp. 2d 1308 (D. Kan. 2000). “311 shall not relieve the producer of his obligation to pay the assessment to the appropriate qualified State beef council or the Cattlemen's board as required in § 1260.”
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