SECTIONS 72101-72109 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 72101-72109

72101. The commission shall, not later than April 30 of each year,
establish the assessment for the following year beginning May 1 and
ending April 30. In no event shall the combined assessment of the
commission and any other state authorized wheat production research
and market program exceed 1 percent of the gross dollar value of the
year's sale of wheat by all producers to handlers.
The commission shall establish producer gross dollar value through
rules and regulations.

72103. Every handler shall keep a complete and accurate record of
all wheat received by him or her and the name of the producer whose
wheat was 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.

72104. All proprietary information obtained by the commission or
the director from handlers and all lists of producers in the
possession of the director shall be confidential and shall not be
disclosed except when required in a judicial proceeding. Information
on volume shipments, crop value, and any other related information
which is required for reports to governmental agencies; financial
reports to the commission or aggregate sales and inventory
information; and any other such information which the handlers
request from the commission to receive in total, excluding individual
handler information, may be disclosed by the commission.

72105. Assessments provided for in this article shall be upon the
producer. The handler first handling the wheat being assessed shall
deduct the assessments from amounts paid by him to 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.

72106. 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
liability for payment of the assessment.

72107. Any assessment which is levied as provided for in this
chapter, is a personal debt of every producer so assessed. Failure of
a handler to make payment of the collected assessment to the
commission shall not relieve the producer of this obligation.

72108. 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.

72109. Any person, firm, or corporation subject to the assessment
in this chapter may request a total or partial refund of a paid
assessment from the commission. No refund shall be made by the
commission unless requested within 90 days from the date of
collection of the assessment. However, the commission may extend that
period upon a showing of good cause. The refund of assessment shall
be made by the commission within 60 days of the date of the request
for the refund. The commission shall establish procedures and provide
forms for each request, shall maintain complete records, and shall
ensure confidentiality.