SECTIONS 56571-56576 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 56571-56576

56571. (a) Except as otherwise provided in this article or Section
55863, 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 shall be determined by the
annual dollar volume of business based on farm product value
returned to the grower or licensee, 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.

56571.5. The fees provided by Section 56571 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.

56572. (a) (1) If any licensee does not apply for the renewal of a
preexisting license on or before the date of the expiration of the
license, a penalty of twenty-five dollars ($25) shall be added to the
fee provided for under Section 56571 or 56571.5. 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 such 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
retained by the department.

56573.5. (a) If any person is found to be operating a business
without the license required by Section 56181 or failed to pay the
fee in accordance with the schedule in subdivision (b) of Section
56571, that person shall pay to the director 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 56181, or failed to pay the fees in accordance
with the schedule in subdivision (b) of Section 56571, that person
shall pay to the director an amount equal to that portion of the fees
which were not paid for the last five years the business has
operated.

56574. Any person who has obtained a license pursuant to this
chapter may secure a license pursuant to Chapter 6 (commencing with
Section 55401) by filing an application accompanied by a fee
determined by the dollar volume of business based on farm product
value returned to the grower, 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."

56574.5. 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 56571, whose principal has applied for and obtained
a conjunctive processor's license, pursuant to Section 56574, shall
be deemed to be licensed to represent his principal under Chapter 6
(commencing with Section 55401) of this division, and no other fee
shall be required of such agent.

56576. All license 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 56133, shall be expended in carrying
out this chapter.