California Legal Codes and Statutes

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Article 6 - Assessments and Records

California Food and Agricultural Code — §§ 77151-77158

Sections (8)

Amended by Stats. 2006, Ch. 409, Sec. 21. Effective September 22, 2006.

(a)The commission shall establish the assessment for the following marketing year not later than the first day of each marketing year or as soon thereafter as is possible.

(b)The assessment shall not exceed one cent ($0.01) per inshell pound on all walnuts shipped by producers to handlers or handled by producers.

(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 shall be a trustee of the funds until they are paid to the commission at the time and in the manner prescribed by the commission.

(d)A fee greater than the amount provided for in subdivision (b) may not be charged unless and until a greater fee is approved by producers pursuant to the procedures specified in Section 77123.

Amended by Stats. 2006, Ch. 409, Sec. 22. Effective September 22, 2006.

This chapter does not apply to the walnuts produced only for the producer’s home use and to producers who handle 2,000 pounds or less of walnuts in the preceding marketing year. However, the producer shall file an affidavit with the commission establishing that he or she has not handled walnuts. The commission shall then determine whether the affidavit should be approved.

Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.

Every handler shall keep a complete and accurate record of all walnuts handled with the name of the producer whose walnuts were handled. The records shall be in simple form and contain information prescribed by the commission. The records shall be preserved by the handler for a period of 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.

Amended by Stats. 1995, Ch. 727, Sec. 110. Effective January 1, 1996.

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 a court order after a hearing in a judicial proceeding involving this chapter.

Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.

Every handler shall be personally liable for the payment of collected assessments to the commission, and the failure of a handler to collect the assessment from any producer does not exempt any handler from liability.

Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.

Any assessment which is levied as provided for in this chapter is a personal debt of every producer so assessed. Failure of a handler to collect the assessment does not relieve the producer of the obligation to pay the assessment.

Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.

Any producer or handler who fails to file a return or pay any 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 11/2percent interest per month on the unpaid balance.

Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.

When the 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 failing to collect or make payment of assessments, of which a corporate handler may be subject to under this chapter, shall also include identical liability upon each director and each officer of the corporation.