2006 Minnesota Statutes

17.63 REFUND OF FEES.
(a) Any producer, except a producer of potatoes in area number one, as listed in section
17.54, subdivision 9, a producer of wheat or barley, or a producer of cultivated wild rice, may,
by the use of forms to be provided by the commissioner and upon presentation of such proof as
the commissioner requires, have the checkoff fee paid pursuant to sections 17.51 to 17.69 fully
or partially refunded, provided the checkoff fee was remitted on a timely basis. The request
for refund must be received in the office of the commissioner within the time specified in the
promotion order following the payment of the checkoff fee. In no event shall these requests for
refund be accepted more often than 12 times per year. Refund shall be made by the commissioner
and council within 30 days of the request for refund provided that the checkoff fee sought to be
refunded has been received. Rules governing the refund of checkoff fees for all commodities shall
be formulated by the commissioner, shall be fully outlined in the promotion order, and shall be
available for the information of all producers concerned with the referendum.
(b) The commissioner must allow partial refund requests from corn producers who have
checked off and must allow for assignment of payment to the Minnesota Corn Growers
Association if the Minnesota Corn Research and Promotion Council requests such action by the
commissioner.
(c) The Minnesota Corn Research and Promotion Council shall not elect to impose
membership on any individual producer not requesting a partial refund or assignment of payment
to the association.
(d) For any wheat, barley, or cultivated wild rice for which the checkoff fee must be paid
pursuant to sections 17.51 to 17.69 and for which a checkoff fee or fee that serves a comparable
purpose in a jurisdiction outside Minnesota had been previously paid for the same wheat, barley,
or cultivated wild rice, the producer of the wheat, barley, or cultivated wild rice is exempt from
payment of the checkoff fee. The commissioner, in consultation with the Wheat Research and
Promotion Council, Barley Research and Promotion Council, and Cultivated Wild Rice Research
and Promotion Council, shall determine jurisdictions outside of Minnesota which collect a
checkoff fee or fee that serves a comparable purpose. In order to qualify for the exemption,
the producer must demonstrate to the first purchaser that a checkoff fee or fee has been paid
to such a jurisdiction.
History: 1969 c 1021 s 13; 1976 c 149 s 62 subd 2; 1982 c 582 s 11; 1986 c 444; 1990 c 477
s 1; 1991 c 191 s 1; 1992 c 513 art 2 s 14; 1994 c 452 s 4; 1Sp2001 c 2 s 30