SECTIONS 68101-68108 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 68101-68108

68101. (a) The commission shall, not later than October 1 of each
year, establish the assessment for the marketing year beginning
October 1 and ending September 30.
(b) The combined assessment of the commission and any other state
or federally authorized kiwifruit production research and market
program shall not exceed 5 percent of the average f.o.b. (free on
board) gross dollar value of the kiwifruit marketed by or on behalf
of producers during the previous three marketing years, or
twenty-five cents ($0.25) per seven-pound tray of kiwifruit or the
equivalent thereto, whichever is less. The assessment may be computed
and assessed on a per tray basis if the commission determines that
an assessment on that basis would be reasonably equivalent to the
assessment established by the commission pursuant to subdivision (a).
(c) Expenditures for administrative purposes, as defined by the
commission, within the maximum assessment shall not exceed 1 1/2
percent of the gross dollar value of kiwifruit marketed by or on
behalf of producers during that marketing year.

68101.5. Assessments shall be based on the total income or other
valuable consideration received from the sale of kiwifruit, in whole
or in part, by every producer subject to this article.

68102. The provisions of this chapter do not apply to kiwifruit
produced only for the producer's home use or where the kiwifruit are
used only for ornamental purposes; provided, however, that such
producer shall file an affidavit with the commission establishing
that his kiwifruit are not produced for commercial purposes. In any
event, no production of kiwifruit is exempt from the assessment under
this article when handled according to the provisions of this
chapter.

68103. Every handler shall keep a complete and accurate record of
all kiwifruit shipped by him and the name of the producer whose
kiwifruit were shipped. Such records shall be in simple form and
contain such information as the commission shall prescribe. Such
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.

68104. All proprietary information obtained by the commission or
the secretary from producers or handlers is confidential and shall
not be disclosed except when required by a court order after a
hearing in a judicial proceeding involving this chapter. Information
on volume shipments, crop value, and any other related information
that is required for reports to governmental agencies, financial
reports to the commission or aggregate sales and inventory
information, and any other information that the commission requires,
excluding individual handler information, may be disclosed by the
commission.

68105. Assessments provided for in this article shall be upon the
producer. The handler first handling the kiwifruit being assessed
shall deduct such assessments from amounts paid by him to the
producer and shall be a trustee of such funds until they are paid to
the commission at the time and in the manner prescribed by the
commission.

68106. Every handler shall be personally liable for the payment of
the collected assessments, and failure of the handler to collect the
assessment from any producer shall not exempt any handler from such
liability.

68107. (a) Any assessment that is levied as provided for in this
chapter is a personal debt of every producer so assessed. However, no
producer shall be liable for assessments if the producer can prove,
by evidence satisfactory to the commission, that (1) the assessments
were deducted by the handler from amounts paid to the producer, or
(2) that the handler failed to pay the producer for kiwifruit
purchased from or marketed on behalf of the producer.
(b) Failure of a handler to collect assessments from amounts paid
to the producer shall not relieve the producer of its obligation to
pay the assessments.

68108. Any producer or 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 such
assessment determined to be due and, in addition, 1 1/2 percent
interest per month on the unpaid balance. The penalty and interest
may be reduced or waived by the commission pursuant to procedures
adopted by the commission.