SECTIONS 62620-62625 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 62620-62625

62620. If the director determines that the fund is liable for any
nonpayments to producers, the director shall provide to the
producers, who have a contract with the defaulting handler on file
with the director, a claim form. The claim form, which shall be
verified, shall be returned to the director within 60 days from the
date the claim forms are mailed by the director. The producer need
only verify that a nonpayment has occurred. The amount of the
nonpayment shall be determined by the director.

62621. If a verified claim form is not filed as required by Section
62620, the director and the fund are relieved of any further duty or
liability pursuant to this chapter.

62622. Upon receipt of all verified claim forms from producers or
the expiration of the time allowed to file claims, whichever occurs
first, the director shall calculate the amount due each producer and
shall notify each producer of their calculated amount and the
relationship that amount bears to the total of all claims. Any
producer not satisfied with the determination of the director may,
within 30 days of receiving the notice pursuant to this section,
request the director to review his or her calculated amount.

62623. For purposes of this chapter, the amounts owed to the
producers shall be calculated as follows:
(a) Only shipments which occur during the first 35 days from the
date of the earliest shipment for which a producer has not been paid
shall be used.
(b) The minimum prices established in the stabilization and
marketing plans applied to the usage assigned under the pooling plan
shall be used for cooperative marketing associations.
(c) The price specified in the contract with the handler shall be
used for manufacturing milk producers unless a lower price is
contained in the stabilization and marketing plans, in which case the
lower price shall be used.
(d) The minimum prices established in the stabilization and
marketing plans shall be used for direct market milk producers who
are not shipping their milk under the pooling plan.
(e) The quota, base, and overbase prices, as provided for in the
pooling plan, shall be used for producers, other than cooperative
marketing associations, who ship their milk directly to a handler.
(f) Deductions shall be made for those items which the handler
customarily deducts from the payments, unless the deductions are in
violation of Chapter 1 (commencing with Section 61301), Chapter 2
(commencing with Section 61801), or Chapter 3 (commencing with
Section 62700), or the deductions are for voluntary assignments made
by the producer.
(g) The producer's share of any bond recovery under Chapter 1
(commencing with Section 61301) or Chapter 2 (commencing with Section
61801) shall be deducted.

62624. Two hundred thousand dollars ($200,000) shall be deducted
from the total of the amount owed to all producers, as calculated in
Section 62623, and the balance shall be paid from the fund on a pro
rata basis. The amount calculated pursuant to Section 62623 shall be
the basis for prorating.

62625. A prorated payment shall be made to all affected producers
based on the amount payable pursuant to Section 62624 when there is
not sufficient money in the fund. Additional payments shall be made
on a quarterly basis until the total amount due is paid. Each payment
shall take into consideration all claims that have been partially
satisfied and new claims approved since the previous payment.