7 C.F.R. § 1260.312

Remittance to the Cattlemen's Board or Qualified State Beef Council

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Each person responsible for the collection and remittance of assessments shall transmit assessments and a report of assessments to the qualified State beef council of the State in which such person resides or if there is no qualified State beef council in such State, then to the Cattlemen's Board as follows:

(a) Reports. Each collecting person shall make reports on forms made available or approved by the Cattlemen's Board. Each collecting person shall prepare a separate report for each reporting period. Each report shall be mailed to the qualified State beef council of the State in which the collecting person resides, or its designee, or if there exists no qualified State beef council in such State, to the Cattlemen's Board. Each report shall contain the following information:

(1) The number of cattle purchased, initially transferred or which, in any other manner, is subject to the collection of assessment, and the dates of such transactions;

(2) The amount of assessment remitted;

(3) The basis, if necessary, to show why the remittance is less than the number of head of cattle multiplied by one dollar; and

(4) The date any assessment was paid.

(b) Reporting periods. Each calendar month shall be a reporting period and the period shall end at the close of business on the last business day of the month.

(c) Remittances. The remitting person shall remit all assessments to the Qualified State Beef Council or its designee, or, if there is no Qualified State Beef Council, to the Cattlemen's Board at an address designated by the Board, with the report required in paragraph (a) of this section not later than the 15th day of the month following the month in which the cattle were purchased or marketed. All remittances sent to a Qualified State Beef Council or the Cattlemen's Board by the remitting persons shall be by check or money order payable to the order of the Qualified State Beef Council or the Cattlemen's Board. All remittances shall be received subject to collection and payment at par.

[53 FR 5754, Feb. 26, 1988, as amended at 79 FR 46936, Aug. 12, 2014; 84 FR 20771, May 13, 2019]

Notes of Decisions

Cited in 2 cases, 1989–2000 · leading case: United States v. L. Robert Frame, Sr. & Vintage Sales Stables, Inc., 885 F.2d 1119 (3rd Cir. 1989).

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United States v. L. Robert Frame, Sr. & Vintage Sales Stables, Inc., 885 F.2d 1119 (3rd Cir. 1989). · cites it 2× “7 C.F.R. § 1260.312 (a)-(c). The Act does not provide for reimbursement for such expenditures.”

Goetz v. United States, 99 F. Supp. 2d 1308 (D. Kan. 2000). · cites it 2× “312 of the Beef Promotion Regulations ( 7 C.F.R. § 1260.312 ) by failing to submit required reports; (2) willfully violated section 1260.”

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