SECTIONS 74651-74661 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 74651-74661

74651. (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) Unless approved by a two-thirds vote of the commission, the
assessment rate shall not exceed 1 percent of the gross dollar value
of winegrapes processed by vintners.

74651.5. Prior to the beginning of each marketing season, the
commission may establish a voluntary minimum assessment rate
applicable to vintners who process winegrapes in the marketing season
in a quantity of 100 tons or less and who are exempt from paying the
assessment established pursuant to Section 74651. Notwithstanding
any other provisions of this chapter, any vintner who voluntarily
pays the minimum assessment shall be granted the same rights and
privileges as vintners processing over 100 tons in that marketing
season.

74652. Any vintner who is also a producer who processes winegrapes
shall pay the assessment on the winegrapes. 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 on the winegrapes where
no sale is involved.

74652.5. Unless otherwise exempted by this chapter, the assessment
provided for in this article shall be levied on vintners and vintners
who are also producers who engage in the act of processing
winegrapes into must for the purpose of making grape juice, grape
concentrate, wine, or products thereof, including high proof or
brandy or processing field crushed must for the purpose of making
grape juice, grape concentrate, wine, or products thereof, including
high proof or brandy.

74653. This chapter does not apply to winegrapes processed only for
a vintner's home use. However, any 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 exemption applies.

74654. Every vintner shall keep a complete and accurate record of
all winegrapes processed. The records shall be in simple form and
contain information as the commission shall prescribe. The records
shall be preserved by the vintner 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.

74655. All proprietary information obtained by the commission or
the director from producers or vintners, and all lists of 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, may be disclosed by the
commission. In no event may individual producer or vintner
information be disclosed by the commission.

74656. 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.

74657. 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.

74658. (a) Any vintner who processes winegrapes into must, grape
juice, or grape concentrate for the manufacture of nonalcoholic
beverages other than nonalcoholic wine may apply to the commission
for either an exemption from the assessment due pursuant to this
chapter or for a refund of the assessment on that portion of his or
her production used in the manufacture of nonalcoholic beverages
other than nonalcoholic wine.
(b) In order to be eligible for the exemption or refund, the
vintner shall file an affidavit with the commission attesting that
the must, grape juice, or grape concentrate was, in fact, used for
the manufacture of nonalcoholic beverages other than nonalcoholic
wine. The commission shall render a determination on the claim. All
approved claims shall be subject to verification through an
independent audit of the claimant's business records by the
commission or its duly authorized agent.

74659. Any vintner receiving an exemption or refund pursuant to
Section 74658, shall, in addition to the requirements of Section
74654, maintain sales invoices and any other business documents
specified by the commission as necessary to verify the claim. The
records shall be preserved by the vintner 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.

74660. No refund pursuant to Section 74658 shall be approved by the
commission after two years from the date the assessment was due.
Failure to file a claim within the time prescribed in this section
constitutes a waiver of all demands for a refund against the
commission.

74661. Within 30 days, after disallowing any claim in whole or in
part, the commission shall serve written notice of its action on the
claimant.