SECTIONS 73251-73261 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 73251-73261

73251. (a) The assessment on navel oranges for fresh consumption
shall be established by the commission prior to the beginning of each
marketing season and shall not exceed seven cents ($0.07) per carton
during the 1983-84 marketing season. Thereafter, the assessment for
each marketing season shall not exceed 5 percent of the industry
average F.O.B. price of a packed carton reported by the federal Navel
Orange Administrative Committee for the preceding three marketing
seasons and shall be assessed on a cents-per-carton basis.
(b) If the Navel Orange Administrative Committee ceases to exist,
the commission shall determine the average F.O.B. price of a packed
carton using information from public and private sources as it deems
appropriate.

73252. Any producer who pays an assessment to a cooperative handler
or independent handler, and that producer markets his or her navel
oranges and conducts an approved navel orange brand advertising
program, shall receive a brand credit, thereby allowing the producer
to deduct the amount of the credit from any payments otherwise owed
to the commission as provided for under this chapter.

73253. Identified commission administrative expenses in an amount
not to exceed 10 percent of the assessment owed by any producer prior
to deducting the brand credit, and commission institutional expenses
in an amount not to exceed 5 percent of the assessment owed by any
producer prior to deducting the brand credit, are not entitled to
brand credit. In no case shall the brand credit result in any
producer paying an assessment to the commission of less than two
cents ($0.02) per carton.
For purposes of this section, institutional expenses are defined
as those expenses incurred in informing food editors for newspapers,
magazines, radio, and television, and informing consumer departments
for schools, retailers and other related businesses, regarding
produce supply, usage suggestions, and nutritional facts about navel
oranges.

73253.5. (a) At least 60 percent of the commission's total
expenditures shall be expended for consumer communication.
(b) In order to qualify for brand credit, as provided in
subdivision (d) of Section 73254 any person or entity subject to this
chapter is required to spend at least 60 percent of its navel orange
funds on consumer communications.

73254. Any direct consumer communication purchases qualifies for
brand credit when determined by the commission to be in accordance
with the following criteria:
(a) As defined by the commission, direct consumer communication
purchases shall prominently display, or otherwise state, the words
"California Navel Oranges" in the advertisement. A cooperative
handler or independent handler who markets navel oranges from
California and Arizona and funds its brand advertising program
through funds collected from all producers, and who prominently
displays or otherwise states the words "California-Arizona Navel
Oranges" in the advertisement, is entitled to brand credit.
(b) Except for the County of Ventura, subdivision (a) does not
apply to outdoor media advertising located in counties with more than
1,000 acres of bearing navel oranges in commercial production. In
that county, an amount not to exceed 10 percent of a consumer
communications expenditure shall be entitled to brand credit.
(c) Direct consumer communications qualifies for brand credit when
depicting more than one variety or type of citrus fruit so long as
the credit is calculated on a prorated basis giving credit only for
that portion of the program which promotes navel oranges in
accordance with this section.
(d) To qualify for brand credit, the person or entity applying for
brand credit shall submit a plan indicating the general size and
scope of the activities for which brand credit will be claimed.
However, information regarding the timing and location of the
activities shall be considered confidential and need not be
submitted. Upon presentation of the plan, the commission shall
indicate within 30 days whether the program complies with this
chapter and is therefore entitled to brand credit as provided for in
this chapter. If all, or any portion, of a program does not comply,
as determined by the commission, the commission shall advise the
applicant for brand credit, in writing, the reasons for its decision.
Any such decision is appealable under Section 73302.
(e) Any producer or handler, on behalf of a producer member, who
requests brand credit shall furnish documents and records in support
of the request at a time and in a manner prescribed by the
commission.

73254.5. Unless otherwise prohibited in this chapter, and in
addition to the provisions of Section 73254, a person or entity that
is qualified to receive brand credit shall qualify for brand credit
for any activity that is also engaged in by the commission.

73254.6. The activities of advertising in trade publications and
participating in conferences or conventions are not eligible for
application of brand credit.

73255. This chapter does not apply to navel oranges produced only
for the producer's home use or where the navel oranges are used only
for ornamental purposes. However, the producer shall file an
affidavit with the commission stating that his or her navel oranges
are not produced for commercial purposes. In any event, no production
of navel oranges for fresh shipment is exempt from the assessment
under this article when it is marketed.

73256. Every handler shall keep a complete and accurate record of
all navel oranges handled by him or her with the name of the producer
whose navel oranges were handled. These records shall be in the
form, and contain the information, as prescribed by the commission.
The records shall be kept by the handler for a period of five years
and shall be submitted for inspection at any reasonable time upon
written demand of the commission or its duly authorized agent.

73257. All proprietary information obtained by the commission or
the director from producers or handlers, and all lists of producers
or handlers in the possession of the commission or the director, are
confidential and shall not be disclosed except when required in a
judicial proceeding involving this chapter.
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 information which the commission requires
that gives only totals, but excludes individual handler information,
may be disclosed by the commission.

73258. Assessments shall be levied upon the producer. The first
handler of navel oranges being assessed shall deduct the assessment
from amounts paid by him or her 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.

73259. Every handler is personally liable for the payment of the
collected assessments, and failure of the handler to collect the
assessment from any producer does not exempt the handler from this
liability.

73260. Any assessment which is levied pursuant to in this chapter
is a personal debt of the producer so assessed. Failure of a handler
to make payment of the collected assessment to the commission does
not relieve the producer of this obligation.

73261. 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 the
assessment determined to be due and, in addition, 2 percent interest
per month on the unpaid balance.