SECTIONS 67101-67107 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 67101-67107

67101. The commission shall, not later than November 1 of each
year, establish the assessment for the following marketing season
beginning November 1st and ending October 31st. In no event shall the
assessment exceed 6 1/2 percent of the gross dollar value of the
year's sales of avocados by all producers to handlers, or which are
sold by handlers on behalf of producers. Expenditures for
administrative purposes within the maximum assessment shall not
exceed 2 1/2 percent of the gross dollar value of sales of avocados
by all producers to handlers, or which are sold by handlers on behalf
of producers. Assessments provided for in this section shall be upon
the producer. The handler shall deduct that assessment from either
amounts paid by him or her to the producer or amounts retained by him
or her if the handler is also the producer, and the handler shall be
a trustee of those funds until they are paid to the commission at
the time and in the manner prescribed by the commission.
In no event shall the combined assessment of the commission and
any state marketing order exceed 6 1/2 percent of the gross value of
the year's sales of avocados by all producers to handlers, or which
are sold by handlers on behalf of producers.

67102. This chapter does not apply to producers who produce
avocados on a noncommercial basis for the producer's home use or
where the avocado trees are used only for ornamental purposes.
Producers from whom assessments are collected may apply for the
refund of assessment payments following the close of any marketing
season in which payments have been made, and the commission shall
refund assessment payments if the producer demonstrates to the
satisfaction of the commission that the avocados were produced for
noncommercial purposes.

67103. Handlers shall keep a complete and accurate record of all
avocados shipped by him or her and the name of the producer whose
avocados were shipped. The records shall be in simple form and
contain such information as the commission shall prescribe. The
records shall be preserved by the handler for a period of two years
and shall be offered and submitted for inspection at any reasonable
time upon written demand of the commission or its duly authorized
agent.

67104. All the proprietary information obtained by the commission
or the secretary from handlers, including, but not limited to, the
names and addresses of producers, is confidential and shall not be
disclosed except when required by a court order in a judicial
proceeding involving this chapter. Information on volume shipments,
inventory, crop value, and any other information which is required
for reports to governmental agencies and the commission, and other
information which the handlers request from the commission that gives
only totals, excluding individual handler information, may be
disclosed by the commission so long as the information excludes
individual handler data which shall be kept confidential as provided
in this section.

67105. All assessments shall be paid to the commission by the
handler first handling avocados who shall be primarily and personally
liable for the payment of the assessment. Failure of the handler to
collect the assessment from any producer shall not exempt the handler
from that primary liability. Any producer or handler subject to this
section who fails to file a return or pay any assessment within the
time required shall pay to the commission a penalty of 10 percent of
the amount of the assessment determined to be due, and, in addition,
1 1/2-percent interest per month on the unpaid balance.

67107. The commission shall reimburse the secretary for all
expenditures incurred by the secretary carrying out his or her duties
and responsibilities under this chapter, except for the expenses
incurred for any action under Section 67051.6.