SECTIONS 66621-66626 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 66621-66626

66621. (a) There is hereby levied and imposed upon all iceberg
lettuce harvested and marketed in each fiscal year, an assessment to
be paid by the handlers of the lettuce and fixed by not less than 10
of the 14 handler members of the commission at the amount determined
by these commissioners as reasonably necessary to pay all obligations
incurred, or expected to be incurred, in accordance with this
chapter and as reasonably necessary to carry out the objects and
purposes of this chapter.
(b) The assessment shall not exceed two and one-half cents
($0.025) per standard carton of packed iceberg lettuce or five cents
per hundred pounds ($0.05 per cwt.) of iceberg lettuce prepared for
market or equivalent basis.
(c) A fee greater than the amount provided for in subdivision (b)
may not be charged unless and until a greater fee is approved by
handlers, as defined in Section 66532, under the procedures in
Section 66601.
(d) There shall be exempt from the assessments all shipments of
150 pounds or less of iceberg lettuce sold or shipped by a handler
directly to the consumer.

66622. Every handler shall keep a complete and accurate record of
all iceberg lettuce handled by him and the producer thereof. Such
records should be in simple form and contain such information as the
commission shall prescribe by regulation. In the event such records
are required to be kept under the Perishable Agricultural Commodities
Act, the format provided therein may be utilized by such handlers in
preparing such records.

66623. Every handler shall, at such times as the commission may by
rule or regulation require, file with the commission a report, under
oath, on forms to be prescribed and furnished by the commission,
stating the quantity of iceberg lettuce handled by him or her during
the period or periods of time prescribed by the commission, the names
of the producers in each district for which the handling was done,
and further information as may be necessary in the discretion of the
commission to carry out the object and purposes of this chapter.

66624. Any information obtained by the commission from handlers
shall be confidential and shall not be disclosed except when required
in a judicial proceeding.

66625. Assessments provided for in this article are levied upon the
handler first marketing the iceberg lettuce being assessed. The
handler is a trustee of the funds until they are paid to the
commission at the time and in the manner prescribed by the
commission. Failure of a handler to collect the assessment does not
exempt the handler from liability for payment.

66626. Every handler is primarily and personally liable for the
payment of an assessment. Any handler who fails to file a return or
pay any assessment within the time required by the commission shall
pay to the commission a penalty of 10 percent of the amount of the
assessment determined to be due and, in addition, 2 percent interest
per month on the unpaid balance. The penalty and interest are
required to be paid to the commission and are available for
expenditure in the same manner as an assessment.