California Legal Codes and Statutes

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Article 6 - Assessments and Records

California Food and Agricultural Code — §§ 79271-79278

Sections (8)

Amended by Stats. 2010, Ch. 365, Sec. 8. (AB 1795) Effective January 1, 2011.

(a)The commission shall, not later than March 1, 2010, or as soon thereafter as possible, establish the assessment to be paid by the producers and handlers for the marketing season. Thereafter, the commission shall, not later than October 1 of each year, or as soon thereafter as possible, establish the assessment to be paid by the producers and handlers for the marketing season. The assessment shall not be more than two and one-half cents ($0.025) per pound for blueberries handled. Of the assessment one-half shall be assessed to producers, and one-half shall

be assessed to handlers.

(b)An assessment greater than the amounts in this section may not be charged unless it is approved in accordance with the voting requirements of Section 79262.

Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.

This chapter does not apply to blueberries produced only for a producer’s home use or to blueberries that are used only for ornamental purposes.

Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.

Every person who handles blueberries shall keep a complete and accurate record of all blueberries handled by him or her with the name of the producer whose blueberries were handled. A producer who delivers or markets blueberries to persons other than to a handler shall keep a complete and accurate record of all those blueberries. The records shall contain information required by the commission. The records shall be preserved by the producer or 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.

Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.

(a)All proprietary information obtained by the commission or the secretary from any source, including the names and addresses of producers and handlers, shall be confidential and shall not be disclosed except when required by court order in a judicial proceeding.

(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 or aggregate sales and inventory information, and any other information that gives only totals, but

excludes individual information, may be disclosed by the commission.

Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.

The first handler of blueberries being assessed 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. A producer who handles blueberries shall pay an assessment directly to the commission at the time and in the manner prescribed by the commission.

Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.

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

Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.

Any assessment that is levied as provided in this chapter is a personal debt of every producer and handler so assessed.

Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.

(a)Any person 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 past due and, in addition, interest on the unpaid balance at the rate of 1.5 percent per month.

(b)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.