Article 6 - Assessments and Records

California Food and Agricultural Code — §§ 79971-79975

Sections (5)

Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.

(a)The commission board of directors shall, no later than the beginning of each marketing season, or as soon thereafter as possible, establish assessments to be paid by growers and processors for the marketing season.

(b)The assessment for growers that

cultivate 2 to 10, inclusive, acres of agave for the marketing season shall not exceed one thousand dollars ($1,000) and may be levied using a sliding scale. The assessment for growers that cultivate more than 10 acres of agave for the marketing season shall not exceed fifty

thousand dollars ($50,000) and may be levied using a sliding scale.

(c)The assessment for processors that process 3 to 10, inclusive, tons of agave for the marketing season shall not exceed one thousand dollars ($1,000) and may be levied using a sliding scale. The assessment for processors

that process more than 10 tons of agave for the marketing season shall not exceed fifty thousand dollars ($50,000) and may be levied using a sliding scale.

(d)An assessment greater than the amounts established pursuant to this section shall not be charged unless it is approved in accordance with the voting requirements provided in Section 79962.

(e)The assessment shall not exceed the reasonable costs of achieving the purposes of this chapter.

§ 79972

Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.

(a)Processors of agave shall keep a complete and accurate record of all agave processed by them with the names of the growers whose agave was processed.

(b)(1) Growers who process agave that they have cultivated shall keep a complete and accurate record of the agave processed.

(2)Growers shall, upon request of the commission, provide proof of commodity sale.

(c)The records described in subdivisions (a) and (b) shall contain information required by the commission. The records shall be preserved by growers and processors for a

period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand by the commission or its duly authorized agent.

§ 79973

Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.

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

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

§ 79974

Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.

Growers and processors of agave that pay the assessment shall be trustees of the assessed funds until they are paid to the commission at the time and in the manner prescribed by the commission board of directors. Growers who process agave that they have cultivated shall be responsible for paying both assessments directly to the commission at the time and in the manner prescribed by the commission board of directors.

§ 79975

Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.

Every grower and processor shall be personally liable for the payment of the assessments owed to the commission.