SECTIONS 69081-69088 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 69081-69088

69081. The commission, not later than October 1 of each year, shall
establish the assessment for the marketing season that begins
September 1 and continues through August 31 of the following year,
which shall not exceed 5 percent of the average price received by
producers, computed on a per pound basis or computed in any other
manner determined by the commission to be reasonably equivalent to
the per pound computation. The commission may revise the assessment
established prior to October 1 of each year if it determines, based
on information including crop volume, that the action is necessary,
and if the revision does not exceed the assessment limitations
specified in this section and the modification is made prior to the
date established by the commission for payment of the assessment.

69082. The provisions of this chapter do not apply to pistachios
produced only for the producer's home use or where the pistachios are
used only for ornamental purposes; provided, however, that such
producer shall file an affidavit with the commission establishing
that his pistachios are not produced for commercial purposes. In any
event, no production of pistachios in excess of 1,000 dried pounds
per year is exempt from the assessment under this article.

69083. Every processor shall keep a complete and accurate record of
all pistachios processed by him with the name of the producer whose
pistachios were processed. Such records shall be in simple form and
contain such information as the commission shall prescribe. Such
records shall be preserved by the processor 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.

69085. Assessments shall be upon the producer. The first handler of
pistachios being assessed shall deduct the assessment from amounts
paid by him or her to the producer, or shall collect the assessment
from the producer, and shall be a trustee of the funds until they are
paid to the commission at the time and in the manner prescribed by
the commission.

69086. Every processor shall be personally liable for the payment
of the collected assessments, and failure of the processor to collect
the assessment from any producer shall not exempt any processor from
such liability.

69087. Any assessment which is levied as provided for in this
chapter, is a personal debt of every producer so assessed. Failure of
a processor to make payment of the collected assessment to the
commission shall not relieve the producer of this obligation.

69088. (a) Any producer or processor 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 past due and, in addition, interest on
the unpaid balance at the rate of 1 1/2 percent per month.
(b) In addition to any other penalty imposed, the commission may
require any person who fails to pay any assessment or related charge
pursuant to this article to furnish and maintain a surety bond in a
form and amount and for a period of time specified by the commission
as assurance that all payments to the commission will be made when
due.