SECTIONS 6981-6988 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 6981-6988

6981. (a) An annual assessment of 1 percent shall be levied on the
gross sales of all deciduous pome and stone fruit trees, nut trees,
and grapevines, including seeds, seedlings, rootstocks, and topstock,
including ornamental varieties of apple, apricot, crabapple, cherry,
nectarine, peach, pear, and plum, produced and sold within the state
or produced within and shipped from the state by any licensed
nursery dealer. For packaged or containerized stock, the assessment
shall be levied on the producer's bareroot price of the plants.
(b) The secretary, as appropriate, and on the recommendation of
the board established pursuant to Section 6988, may exempt from the
assessment certain species of pome and stone fruit, nut trees,
grapevines, or ornamental varieties of apple, apricot, crabapple,
cherry, nectarine, peach, pear, and plum if it can be demonstrated
that no benefit is derived by these species from programs described
in subdivision (d).
(c) The assessment shall be applied at the point of sale where the
nursery stock is sold by a producer to persons other than California
producers of nursery stock that is subject to assessment under
subdivision (a).
(d) The secretary may set the assessment at a lower percent to
cover the costs necessary to implement and carry out all department
programs established pursuant to Article 7 (commencing with Section
5821) of Chapter 8 of Part 1 concerning the registration and
certification of pome and stone fruit trees, nut trees, and
grapevines; the University of California foundation plant materials
service activities concerning pome and stone fruit trees, nut trees,
and grapevines; and other activities related to the development of
planting materials for pome and stone fruit trees, nut trees, and
grapevines.

6982. The assessment shall be due and payable to the secretary
annually by March 10. Assessments not paid within 30 days of the due
date shall be considered delinquent.

6983. (a) The measure of gross sales shall be the gross sales for
the previous fiscal year of each licensee.
(b) The secretary may conduct audits and ensure that an assessment
is being properly paid.

6984. Any money which is received by the department pursuant to
this article shall be paid into the State Treasury and shall be
credited to the Department of Food and Agriculture Fund. Any money in
the fund which is derived pursuant to this article shall be expended
solely to support programs specified in subdivision (d) of Section
6981.

6985. The department may enter into agreements with the University
of California, any commissioner, and any qualified research agency to
assist in development of planting material for pome and stone fruit,
nut tree, and grapevine production. The agreements shall provide for
payment for services rendered from fees collected pursuant to this
article.

6986. The secretary shall levy on all delinquent and unpaid
assessments pursuant to this article a collection charge of 20
percent of the amount due.

6987. The secretary shall not renew a nursery license to any
applicant who has failed to pay an assessment due pursuant to this
article within 60 days of the due date.

6988. The secretary, upon consultation with the pome and stone
fruit tree, nut tree, and grapevine nursery industry, shall appoint a
board to assist and advise him or her concerning the implementation
of this article.
(a) Membership on the board shall consist of 11 representatives, a
majority of whom are licensed producers of pome, stone, nut, and
grape nursery stock, but also users and a public member as follows:
(1) Two each from the stone fruit (including almonds), pome fruit,
and nut (other than almond) industries.
(2) Four from the grape industry.
(3) One public representative.
(b) Board members shall represent all areas of the state involved
in the production of pome and stone fruit trees, nut trees, and
grapevines.
(c) The members of the board shall serve for fixed terms of up to
two years. The secretary, upon nomination by the industry, may
appoint a member for three consecutive terms. The secretary shall
reappoint no more than eight of the then-current members of the board
within a two-year period.
(d) The board shall meet at least twice a year. The chair or the
secretary may call any other meeting when it is deemed necessary by
one or both of them. Each member shall be allowed per diem and
mileage in accordance with Department of Personnel Administration
rules for attending any meeting of the board.
(e) The board shall review and make recommendations to the
secretary concerning the ongoing operations of the department and the
University of California pertaining to this article. This shall
include advice on fiscal expenditure, assessments needed to cover
costs, and proposals concerning the development of planting
materials.