2007 California Food and Agricultural Code Article 6. Assessments And Records

CA Codes (fac:75630-75637)

75630.  (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 (.0025) per pound of
apples marketed for fresh consumption during the 1994-95 marketing
year.  Thereafter, the assessment shall not exceed three-fourth cent
(.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.  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.  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.  (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.  Any assessment which is imposed on the producer as provided
for in this chapter is a personal debt of that producer.



75635.  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.  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.  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.