Article 6 - Assessments and Records

California Food and Agricultural Code — §§ 75630-75637

Sections (8)

Added by Stats. 1994, Ch. 69, Sec. 51. Effective May 9, 1994.

(a)The commission shall establish the assessment for the marketing year by July 1 of each year or as soon thereafter as is possible.

(b)The assessment shall be one-fourth cent ($0.0025) per pound of apples marketed for fresh consumption during the 1994–95 marketing year. Thereafter, the assessment shall not exceed three-fourth cent ($0.0075) per pound of apples marketed for fresh consumption, except as provided in subdivision (d).

(c)Assessments provided for in this section shall be levied on the producer. The handler shall deduct the assessment from amounts paid by him or her to the producer, and is a trustee of the funds until they are paid to the commission at the time and in the manner prescribed by the commission.

(d)An assessment greater than the amount provided for in subdivision (b) may not be charged unless a greater fee is approved by a majority of the commission and by eligible producers pursuant to procedures specified in Section 75612.

§ 75631

Amended by Stats. 1994, Ch. 69, Sec. 53. Effective May 9, 1994.

This chapter shall not apply to producers who produce no more than 40,000 pounds of apples per year and to production on a noncommercial basis for the producer’s home use, or where the trees are used only for ornamental purposes. Producers from whom assessments are collected may apply for the refund of the payments following the close of any marketing season in which the payments have been made, and the commission shall refund the payments if the producer can demonstrate, to the satisfaction of the commission, that he or she is not subject to this chapter.

§ 75632

Amended by Stats. 1998, Ch. 399, Sec. 6. Effective January 1, 1999.

Every handler shall keep a complete and accurate record of all apples handled. The records shall be in simple form and contain information as the commission shall prescribe including, but not limited to, market price information and the names and addresses of the producers whose apples were packed or marketed. The records shall be retained by the handler for two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent.

§ 75633

Amended by Stats. 1994, Ch. 69, Sec. 54. Effective May 9, 1994.

(a)All proprietary information obtained by the commission or the secretary from producers or handlers is confidential and shall not be disclosed except when required by court order in a judicial proceeding.

(b)Information on volume shipments, product value, and any other related information that is required for reports to governmental agencies, financial reports to the commission, or aggregate sales and inventory information, and any other information that the commission requires that gives only totals, but excludes producer or handler information, may be disclosed by the commission.

§ 75634

Added by Stats. 1990, Ch. 1076, Sec. 2.

Any assessment which is imposed on the producer as provided for in this chapter is a personal debt of that producer.

§ 75635

Added by Stats. 1990, Ch. 1076, Sec. 2.

Every handler is personally liable for the payment of the assessments to the commission. The failure of a handler to collect the assessment shall not exempt the handler from liability and shall not relieve any producer subject to this chapter from the obligation to pay the assessment.

§ 75636

Amended by Stats. 1994, Ch. 69, Sec. 55. Effective May 9, 1994.

Any producer or handler who fails to file a return or pay the assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due and, in addition, pay 1.5 percent interest per month on the unpaid balance. In addition to any other penalty imposed, the commission may require any person who fails to pay any assessment or related charge pursuant to this article to furnish and maintain a surety bond in a form and amount, and for a period of time, specified by the commission, as assurance that all payments to the commission will be made when due.

§ 75637

Added by Stats. 1990, Ch. 1076, Sec. 2.

If the producer or handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for violating this chapter, including, but not limited to, failing to pay the assessments or to collect the assessments, shall also include identical liability upon each director or officer of the corporation.