Article 6 - Assessments and Records

California Food and Agricultural Code — §§ 77841-77847

Sections (8)

Amended by Stats. 1995, Ch. 130, Sec. 71. Effective July 18, 1995.

(a)The commission, prior to the beginning of each marketing year, or as soon thereafter as possible, shall establish the assessment for the following marketing season, which shall not exceed five dollars ($5) per hundredweight for dates handled.

(b)An assessment greater than the amount provided in subdivision (a) may not be imposed unless and until, a greater assessment amount is approved by a2/3vote of the membership of the commission.

§ 77842

Amended by Stats. 1995, Ch. 130, Sec. 72. Effective July 18, 1995.

This chapter does not apply to any person who handles less than 25,000 pounds of dates per year. However, any such person shall file an affidavit with the commission establishing that he or she is exempt from this chapter. The commission shall determine whether to approve the affidavit. Additional exemptions from this chapter may be approved by a majority vote of the commission.

§ 77842.5

Amended by Stats. 1995, Ch. 130, Sec. 73. Effective July 18, 1995.

(a)Every person who handles dates in any quantity shall keep a complete and accurate record of all dates handled. The records shall be in simple form and contain any information that the commission prescribes.

(b)The records shall be retained by the handler for a period of three years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent.

§ 77843

Amended by Stats. 1995, Ch. 130, Sec. 74. Effective July 18, 1995.

(a)All proprietary information obtained by the commission or the secretary from 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.

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

§ 77844

Amended by Stats. 1995, Ch. 130, Sec. 75. Effective July 18, 1995.

The assessments shall be levied upon and paid by the handler pursuant to this chapter.

§ 77845

Amended by Stats. 1995, Ch. 130, Sec. 76. Effective July 18, 1995.

Any assessment that is levied pursuant to this chapter is a personal debt of every handler so assessed.

§ 77846

Amended by Stats. 1995, Ch. 130, Sec. 77. Effective July 18, 1995.

Any handler who fails to file a return or pay any assessment within the time required by the commission shall pay 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.

§ 77847

Added by Stats. 1995, Ch. 130, Sec. 78. Effective July 18, 1995.

In addition to any other penalty imposed, the commission may require any person who fails to pay assessments or related charges 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 shall be made when due. However, a bond shall not be required until the commission has made a reasonable attempt to obtain compliance from the handler.