LD 345
pg. 5
Page 4 of 6 An Act To Reinstate a Milk Handling Fee Page 6 of 6
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LR 836
Item 1

 
milk returned to the handler during that tax period.

 
4.__Tax; additional.__A tax imposed and collected under this
chapter is in addition to any other taxes imposed or collected
under any other law of the State.

 
5.__Records, reports and administration.__Every handler
subject to the tax imposed under subsection 1 shall register
with the assessor within 5 business days of becoming subject
to the tax and annually thereafter on forms provided by the
assessor.__The list of registered handlers must be available
to the public.__By the 25th day of each calendar month, every
handler subject to the tax imposed under subsection 1 shall
report to the assessor for the quantity of packaged milk
handled in this State for sale in this State during the
preceding tax period, the quantity of packaged milk handled
that was subject to the milk handling tax and any other
information the assessor determines necessary or useful in the
administration of this chapter and enforcement of the milk
handling tax.

 
6.__Due dates.__Handlers shall pay to the assessor the tax
due for the preceding tax period not later than the 25th day
of each calendar month and submit the information required by
the assessor on the forms provided.

 
7.__Presumption.__In a proceeding against a retail handler
for collection of the tax with respect to a particular
container of packaged milk, there is a rebuttable presumption
that that retail handler did not purchase that container in a
transaction subject to the minimum wholesale prices paid to
dealers established pursuant to Title 7, chapter 603.__The
burden is on the retail handler to show that the retail
handler purchased that container of packaged milk in a
transaction subject to minimum wholesale prices paid to
dealers established pursuant to Title 7, chapter 603.

 
8.__General Fund.__The assessor shall immediately pay all
funds received from the milk handling tax to the Treasurer of
State to be deposited in the General Fund.__The funds may not
be dedicated to a particular purpose and may be used for all
purposes of State Government.

 
§4903.__Repeal

 
This chapter is repealed January 1, 2005.

 
Sec. 7. Appropriations and allocations. The following appropriations and
allocations are made.

 
ADMINISTRATIVE AND FINANCIAL

 
SERVICES, DEPARTMENT OF


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