SECTIONS 55861-55864 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 55861-55864

55861. (a) Except as otherwise provided in this article or in
Section 56574, each applicant for a license shall pay to the
department a fee in accordance with the schedule in subdivision (b),
except that an agent shall pay fifty-five dollars ($55) for each
license period of the principal.
(b) The amount of the fee due each year from the applicant shall
be determined by the annual dollar volume of business based on the
value of the farm products that is returned to the grower, as
follows:
(1) For a dollar volume of less than twenty thousand dollars
($20,000), the fee shall be one hundred thirty-six dollars ($136).
(2) For a dollar volume of twenty thousand dollars ($20,000) and
over, but less than fifty thousand dollars ($50,000), the fee shall
be two hundred dollars ($200).
(3) For a dollar volume of fifty thousand dollars ($50,000) and
over, but less than two million dollars ($2,000,000), the fee shall
be three hundred dollars ($300).
(4) For a dollar volume of two million dollars ($2,000,000) and
over, the fee shall be four hundred dollars ($400).
(c) The department may reevaluate the fee structure based on
operating costs. The fees shall adequately cover the costs to fully
administer and operate the program in an effective and efficient
manner.

55861.5. The fees provided by Section 55861 are maximum fees. The
secretary may fix those fees at a lesser amount, and may adjust those
fees from time to time, whenever the secretary finds that the cost
of administering this chapter can be defrayed with those
below-maximum fees. The secretary may appoint an advisory committee
of producers and licensees to provide guidance in establishing those
fees or may rely on input from any similar advisory committee already
assembled by the secretary.

55862. (a) (1) If any processor does not apply for the renewal of a
preexisting license on or before the date of expiration of the
license, a penalty of twenty-five dollars ($25) shall be added to the
fee provided for under Section 55861 or 55861.5. That penalty shall
be paid within 30 days immediately following the license expiration
date . Payment of the penalty shall entitle the applicant to 60 days
from the date of the penalty payment to complete the application. If
the application is not completed within that time, the application
shall be denied and all fees retained by the department.
(2) If the penalty described in paragraph (1) is not paid within
the 30-day period, any application for renewal of a preexisting
license shall be treated as a new application.
(b) A new applicant shall have 60 days from the date of filing the
application form and payment of the fee to complete the application.
After the 60-day period has elapsed, if the application remains
incomplete, the application may be denied and the application fee may
be retained by the department.

55862.7. (a) If any person is found to be operating a business
without the license required by Section 55521, or failed to pay a fee
in accordance with the schedule in subdivision (b) of Section 55861,
that person shall pay to the secretary double the amount of the
license fee due pursuant to this chapter.
(b) In addition to subdivision (a), if any person is found to be
operating a business within the past five years without a license
required by Section 55521, or failed to pay the fees in accordance
with the schedule in subdivision (b) of Section 55861, that person
shall pay to the secretary an amount equal to that portion of the
fees that were not paid for the last five years the business has
operated.

55863. Any person that has applied for and obtained a license
pursuant to this chapter may apply for and secure a license under
Chapter 7 (commencing with Section 56101) by filing an application
which is accompanied by a fee determined by the dollar volume of
business based on the value of the farm products that is returned to
the grower or licensee, as follows:
(a) For a dollar volume of less than fifty thousand dollars
($50,000), the fee shall be fifty dollars ($50).
(b) For a dollar volume of fifty thousand dollars ($50,000) and
over, but less than two million dollars ($2,000,000), the fee shall
be one hundred forty-five dollars ($145).
(c) For a dollar volume of two million dollars ($2,000,000) and
over, the fee shall be two hundred dollars ($200).
This license shall be known as a "conjunctive license."

55863.5. Any person who has applied for and obtained a license as
agent, in the manner and upon the payment of the fee which is set
forth in Section 55861, whose principal has applied for and obtained
a conjunctive dealer's, commission merchant's, broker's, or cash
buyer's license, as the case may be, shall be deemed to be licensed
to represent his principal under Chapter 7 (commencing with Section
56101) of this division, and no other fee shall be required of such
agent.

55864. All fees which are collected pursuant to this chapter shall
be paid into the State Treasury monthly and shall be credited to the
Department of Agriculture Fund and, except as otherwise provided in
Section 55433, shall be expended in carrying out this chapter.