Article 5 - Fund and Assessments

California Food and Agricultural Code — §§ 7430-7434.5

Sections (6)

Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.

(a)There is hereby created the Broomrape Management Account in the Department of Food and Agriculture Fund.

(b)The Broomrape Management Account may consist of funds made available from federal, industry, and other nonpublic fund sources. Money made available from federal, industry, and other nonpublic sources shall be continuously appropriated and made available for expenditure without regard to fiscal year for the purposes of this chapter.

(c)Any funds within the Broomrape Management Account shall be used to reimburse the secretary for the costs of carrying out recommendations of the board.

§ 7431

Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.

(a)The board shall recommend an assessment rate or schedule of rates for approval by the secretary.

(b)The secretary may adjust the assessment rate or schedule of rates from time to time when recommended by the board.

(c)The assessment rate or schedule of rates may vary from district to district and from commodity to commodity based on multiple factors, including the degree of vulnerability to damage from broomrape experienced by producers.

§ 7432

Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.

The assessments collected from producers shall be paid by handlers to the secretary as provided by the secretary.

§ 7433

Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.

(a)Any assessment that is imposed on the producer or handler pursuant to this article is a personal debt of the person assessed.

(b)Failure to collect the assessment does not exempt the person assessed from liability and does not relieve a person from the obligation to pay the assessment.

(c)Any person who fails to file a report or pay the assessment or otherwise comply with this chapter shall pay a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, shall pay 1.5 percent interest per month on the unpaid balance of the assessment and the penalty.

§ 7434

Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.

(a)Any funds received pursuant to this article shall be deposited and handled in a manner determined by the board and shall be expended for the purposes, administration, and enforcement of this chapter.

(b)To the extent that revenue generated from Section 7430 is insufficient to repay the expenditures associated with this program, the Department of Food and Agriculture Fund shall be held harmless, and the secretary shall not be required to administer the provisions of this chapter.

§ 7434.5

Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.

Any costs incurred by the department in establishing, administering, and enforcing the provisions of this chapter shall be solely reimbursed by the assessment. These costs include, but are not limited to, startup costs incurred by the department before collecting the assessment, the costs of developing any regulations pursuant to this chapter, and the ongoing costs associated with the statewide coordinator.