(1) Sections 80-11-515 and 80-11-516 , MCA, charge the Montana department of agriculture with collecting the commodity assessment.

(2) The assessment shall be one cent per pound on all cherries grown and marketed commercially in Montana by those growers producing and marketing more than 200 pounds annually.

(3) The assessment will be at the time of first sale by a seller and must be collected by the first purchaser of the commodity from the seller at the time of each settlement for the commodity purchased or by invoice from the Montana department of agriculture.