Amended by Stats. 2016, Ch. 260, Sec. 4. (AB 1894) Effective January 1, 2017.
(a)Every person acting as a handler of commodities subject to this chapter shall be personally liable for the payment of assessments and inspection fees. Any handler who fails to file the required assessment form or pay an assessment or inspection fee by the last day of the month immediately following the month in which the commodities were received shall pay to the secretary a penalty of 10 percent of the assessment, inspection fee, or the sum of both the assessment fee and the inspection fee, owed and, in addition, 1.5 percent interest per month on the unpaid balance.
(b)It shall be unlawful for a handler to refuse to collect the assessments or remit the assessments and the proper
forms required by this chapter.
(c)A handler shall not charge a producer an administrative fee for collecting or remitting an assessment.
(d)A producer who disputes the amount of the assessment may file a claim with the secretary. The producer shall prove his or her claim by a preponderance of the evidence.
(e)A producer may not bring a claim against a handler for damages, or otherwise, in connection with the assessment or the required deduction by the handler of the moneys owed to the producer.
Cite this section