Article 7 - Producer Claims

California Food and Agricultural Code — §§ 62620-62625

Sections (6)

Amended by Stats. 2019, Ch. 304, Sec. 44. (AB 590) Effective January 1, 2020.

If the secretary determines that the fund is liable for any nonpayments to producers, the secretary shall provide to the producers, who have a contract with the defaulting handler on file with the secretary, a claim form. The claim form, which shall be verified, shall be returned to the secretary within 60 days from the date the claim forms are mailed by the secretary. The producer need only verify that a nonpayment has occurred. The amount of the nonpayment shall be determined by the secretary.

§ 62621

Amended by Stats. 2019, Ch. 304, Sec. 45. (AB 590) Effective January 1, 2020.

If a verified claim form is not filed as required by Section 62620, the secretary and the fund are relieved of any further duty or liability pursuant to this chapter.

§ 62622

Amended by Stats. 2019, Ch. 304, Sec. 46. (AB 590) Effective January 1, 2020.

Upon receipt of all verified claim forms from producers or the expiration of the time allowed to file claims, whichever occurs first, the secretary shall calculate the amount due each producer and shall notify each producer of their calculated amount and the relationship that amount bears to the total of all claims. Any producer not satisfied with the determination of the secretary may, within 30 days of receiving the notice pursuant to this section, request the secretary to review the producer’s calculated amount.

§ 62623

Amended by Stats. 2019, Ch. 304, Sec. 47. (AB 590) Effective January 1, 2020.

For purposes of this chapter, the amounts owed to the producers shall be calculated as follows:

(a)Only shipments that occur during the first 35 days from the date of the earliest shipment for which a producer has not been paid shall be used.

(b)For all eligible milk, whether pooled or nonpooled, the price specified in the contract with the handler or the statistical uniform price, as defined in Section 62521, whichever is lower, shall be used.

(c)Deductions shall be made for those items that the handler has remitted on the producer’s behalf, and

for which documentation of remittance has been presented, unless the deductions are

unauthorized.

(d)The producer’s share of any bond recovery under Chapter 1 (commencing with Section 61301) or Chapter 2 (commencing with Section 61801) shall be deducted.

§ 62624

Added by Stats. 1987, Ch. 156, Sec. 55. Effective July 10, 1987.

Two hundred thousand dollars ($200,000) shall be deducted from the total of the amount owed to all producers, as calculated in Section 62623, and the balance shall be paid from the fund on a pro rata basis. The amount calculated pursuant to Section 62623 shall be the basis for prorating.

§ 62625

Added by Stats. 1987, Ch. 156, Sec. 55. Effective July 10, 1987.

A prorated payment shall be made to all affected producers based on the amount payable pursuant to Section 62624 when there is not sufficient money in the fund. Additional payments shall be made on a quarterly basis until the total amount due is paid. Each payment shall take into consideration all claims that have been partially satisfied and new claims approved since the previous payment.