SECTIONS 74151-74157 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 74151-74157

74151. (a) Prior to the beginning of each marketing season or as
soon thereafter as possible, the commission shall establish an
assessment rate for the marketing season.
(b) The assessment rate shall be the same for producers and
vintners. The assessment rate for producers shall not exceed 1
percent of the gross dollar value of winegrapes marketed by producers
to vintners. The assessment rate for vintners shall not exceed 1
percent of the gross dollar value of winegrapes acquired by vintners
from producers. If a producer sells winegrapes for a specified sum in
a bona fide sale, the gross dollar amount of this sum is the gross
dollar value of the winegrapes.

74152. Any producer, or producer who is also a vintner, who
contracts or otherwise arranges for the processing of his or her
winegrapes and retains ownership of the processed product during the
marketing season shall pay the producer assessment and the vintner
assessment. The "weighted average producer returns per ton" by
district as published in the most recent Final Grape Crush Report
issued annually for the current marketing season by the department
shall be used as the basis for determining product gross dollar value
and the assessment.

74153. This chapter shall not apply to winegrapes produced only for
a producer's home use or processed only for a vintner's home use.
However, any producer or vintner claiming this exemption shall file
an affidavit with the commission establishing the manner in which the
winegrapes are used. The commission shall then determine whether the
affidavit should be approved.

74154. Every producer and vintner subject to this chapter shall
keep a complete and accurate record of their operations. The records
shall be in simple form and contain information as the commission
shall prescribe. The records shall be preserved by producers and
vintners 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.

74155. All proprietary information obtained by the commission or
the director from producers or vintners, and all lists of producers
and vintners in the possession of the commission or the director are
confidential and shall not be disclosed except when required in a
judicial proceeding. Information on volume shipments, commodity
value, and other related information which is required for reports to
governmental agencies; financial reports made to the commission or
aggregate sales and inventory information; and any other information
which is requested from the commission excluding individual producer
or vintner information, may be disclosed by the commission.

74156. Any assessment levied by the commission, pursuant to this
chapter, is a personal debt of every person so assessed and is due
and payable in a time and manner prescribed by the commission.
Failure of a vintner to collect the assessment from a producer shall
not exempt the vintner from liability nor relieve the producer of the
obligation to pay the assessment.

74157. Any person who fails to file a return, or remit 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, 1 1/2 percent
interest per month on the unpaid balance.