SECTIONS 6031-6043 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 6031-6043

6031. The necessity of controlling beet leafhopper, the only known
vector of the curly top virus, is recognized by the Legislature as
being in the public benefit. The state's agricultural business
economy could be seriously damaged if measures are not continued to
prevent the transmittal of curly top virus by this insect. Since the
control program primarily is carried on in uncultivated areas,
involving both private and public lands, often far removed from the
areas receiving benefits, it is necessary for a state agency to take
primary responsibility. The Legislature therefore supports a program
jointly funded by industry and public funds whereby protection is
provided to both home gardens and commercial crops.

6032. As used in this article "handler" means any person that
engages in the operation of selling, marketing, or processing any of
the crops vulnerable to damage from curly top virus, as covered by
this chapter, which he or she has purchased, or acquired from a
producer or which he or she is marketing, selling or processing on
behalf of a producer, whether as owner, agent, employee, broker, or
otherwise. A producer-handler is a producer who operates as a handler
as to any such crop produced by him or her. Every producer or
producer-handler of agricultural crops susceptible to curly top virus
as determined by the secretary, may include, but is not limited to,
tomatoes, sugar beets, melons, beans, cucumbers, spinach, and peppers
shall pay to the department an assessment on all those crops sold or
delivered by him or her to a handler or, in the case of a
producer-handler, on those crops marketed by the producer-handler.
The full amount of the assessment shall be collected from the
producer by the handler at the point and time that the crop is
purchased or received by the handler as provided by regulations of
the secretary.

6033. Except as otherwise provided in this article, the assessment
collected from producers by handlers or due from producer-handlers
shall be paid by the handlers or producer-handlers to the secretary
as provided by regulations of the secretary.

6033.5. (a) Any assessment that is imposed on the producer pursuant
to this article is a personal debt of the producer.
(b) Every handler or producer-handler is personally liable for the
payment of the assessment. The failure of the handler or
producer-handler to collect the assessment does not exempt the
handler or producer-handler from liability, and does not relieve the
producer from the obligation to pay the assessment.
(c) Any producer, handler, or producer-handler who fails to file a
return or pay the assessment or otherwise comply with Section 6033
shall pay a penalty of 10 percent of the amount of the assessment
determined to be due, and, in addition, shall pay 1.5 percent
interest per month on the unpaid balance of the assessment and the
penalty.

6034. For the purpose of assessment, the following districts are
established: District I, Imperial and Riverside Counties; District
II, Kern, Kings, Tulare, Fresno, Madera, Merced, Stanislaus, and San
Joaquin Counties, and that portion of Los Angeles County lying north
of the San Gabriel Mountains; District III, Sacramento, Solano, Yolo,
Placer, Sutter, Yuba, Colusa, Butte, and Glenn Counties; District
IV, Alameda, Contra Costa, Monterey, San Benito, San Luis Obispo,
Santa Clara, Santa Cruz, and Santa Barbara Counties; additional areas
of the state may be established in districts by regulation of the
secretary if the secretary finds crops in any such district are
subject to damage from curly top virus and that any such district is
necessary to accomplish the purposes of this article.

6035. The secretary may establish the rate of assessment by
district and crop and may adjust the assessment rate from time to
time, whenever necessary as provided in Section 6036.

6036. The assessment rate may vary from district to district and
from crop to crop based on the degree of vulnerability to damage from
curly top virus experienced by those crops in those districts. The
rates may also vary in accordance with the protection afforded to
those crops in those districts. Any rate or rates established shall
be set by regulation. The assessments shall be in total amount
sufficient to reimburse the secretary, and whenever feasible, shall
not exceed 65 percent of the expenditure by the department in
carrying out the beet leafhopper control program.

6037. Any money which is received by the director pursuant to this
article shall be deposited in the Department of Food and Agriculture
Fund to be used for the administration and enforcement of this
article.

6038. The director may receive moneys from other sources for this
program, which shall be deposited into the Department of Food and
Agriculture Fund and used to carry out the purposes of this article.

6039. The secretary shall appoint a Curly Top Virus Control Board
consisting of nine members. The membership shall consist of at least
one representative of each of the primary crop commodities assessed
and shall include representation from each of the districts assessed.
The secretary may appoint one additional member on the board, who
shall be a public member. The secretary shall appoint one member of
the board to serve as chairperson.
Upon the secretary's request, the board shall submit to the
secretary the names of three or more natural persons, each of whom
shall be a citizen and resident of this state and not a producer,
shipper, or processor or financially interested in any producer,
shipper, or processor, for appointment by the secretary as a public
member of the board. The secretary may appoint one of the nominees as
the public member on the board. If all nominees are unsatisfactory
to the secretary, the board shall continue to submit lists of
nominees until the secretary has made a selection. Any vacancy in the
office of the public member of the board shall be filled by
appointment by the secretary from the nominee or nominees similarly
qualified submitted by the board. The public member of the board
shall represent the interests of the general public in all matters
coming before the board and shall have the same voting and other
rights and immunities as other members of the board.

6039.5. It is hereby declared, as a matter of legislative
determination, that persons appointed to the Curly Top Virus Control
Board pursuant to Section 6039 are intended to represent and further
the interest of a particular agricultural industry concerned, and
that such representation and furtherance is intended to serve the
public interest. Accordingly, the Legislature finds that, with
respect to persons who are appointed to such board, the particular
agricultural industry concerned is tantamount to, and constitutes,
the public generally within the meaning of Section 87103 of the
Government Code.

6040. Board members shall serve at the pleasure of the secretary.

6041. (a) Except as provided in subdivision (b), the board shall be
advisory to the secretary and may make recommendations on all
matters pertaining to this article including, but not limited to, the
annual budget, the adoption, modification, and repeal of regulations
and procedures, the use of funds for research, and necessary
assessments required to accomplish the purposes of this article as
provided in Section 6031.
(b) The secretary shall accept the recommendations of the board if
the secretary determines that the recommendations are practicable
and in the interest of the industry and the public. The secretary,
within 30 days of the decision, shall provide the board with a
written statement of reasons for his or her decision if the secretary
does not accept a recommendation of the board.

6042. The board shall meet at the call of its chairman or the
secretary or at the request of any three members of the board. The
board shall meet at least once a year. Members of the board shall be
allowed per diem and mileage in accordance with rules of the
Department of Personnel Administration for attendance at meetings and
other board activities authorized by the board and approved by the
secretary.

6043. Upon termination of this article, any remaining funds
received pursuant to this article shall be refunded on a pro rata
basis to all persons from whom assessments were collected during the
12-month period preceding the date of termination, unless the
secretary finds the amounts so returnable are so small as to make
impractical computation and remitting of refunds. If the secretary
makes such a finding, the funds may be used for beet leafhopper
control or research activities.