SECTIONS 75131-75137 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 75131-75137

75131. (a) The assessment on eggs and egg products shall be
established by the commission, with the approval of not less than
five handler members, prior to the beginning of each marketing season
and, except as provided in subdivision (c), shall not exceed one
cent ($0.01) per dozen for shell eggs, or the equivalent thereof, as
determined by the commission, for egg products.
(b) The commission may establish an assessment rate that is
different for eggs than for egg products, so long as it does not
exceed the maximum assessment authorized in subdivision (a).
(c) An assessment greater than the maximum specified in
subdivision (a) may be charged but only if it is approved by a vote
of the handlers as provided for in Section 75112.

75131.3. The assessment established pursuant to Section 75131 may
be collected from out-of-state handlers in accordance with procedures
established by the commission on eggs or egg products handled in
this state.

75131.5. Prior to the beginning of each marketing season and during
the 1984 marketing season, the commission, with the concurrence of
the director, may exempt the sale of specified eggs and egg products
from an assessment if the commission determines that the activities
supported by the assessment are inapplicable to the eggs and egg
products.

75132. (a) This chapter does not apply to any person who handles
not more than 26,000 cases of eggs per year, or the equivalent
thereof, and to secondary handlers. Unless the commission determines
otherwise, direct sales to customers on the premises of the handler
in less than one case lots shall not be included in computing the
number of cases handled per year and shall not be subject to
assessment by the commission. However, the handler shall file an
affidavit with the commission stating the basis for exemption from
this chapter. The commission shall then determine whether the
exemption should be approved.
(b) This chapter does not apply to any out-of-state handler who
handles not more than 26,000 cases of eggs per year, or the
equivalent thereof. However, upon the implementation of Section
75131.3, the commission may require the out-of-state handlers to file
an affidavit with the commission stating the basis for exemption
from this chapter. The commission shall then determine whether the
exemption should be approved.

75133. Every handler, and any person required to be registered
pursuant to Section 75135.5, shall keep a complete and accurate
record of all eggs and egg products handled by him or her. These
records shall be in the form and contain the information prescribed
by the commission. The records shall be retained 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.

75134. (a) All proprietary information obtained by the commission
or the secretary from handlers is confidential and shall not be
disclosed except when required by court order in a judicial
proceeding involving this chapter.
(b) Information on volume shipments, product value, and any other
related information that is required for reports to governmental
agencies; financial reports to the commission or aggregate sales and
inventory information; and any other information that the commission
requires that gives only totals, but excludes individual handler
information, may be disclosed by the commission.

75135. Assessments shall be levied upon the handler for all eggs
and egg products handled by him or her that were not previously
assessed by the commission. The handler of eggs and egg products
being assessed shall be a trustee of the assessment funds until they
are paid to the commission at the time and in the manner prescribed
by the commission.

75135.5. Persons handling eggs or egg products in California which
originated out of state, including persons shipping eggs or egg
products into California, shall register with the commission in the
manner prescribed by the commission, before handling eggs or egg
products in this state.

75136. Every handler is personally liable for the payment of the
assessments. Any handler who fails to file records as prescribed by
the commission 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.

75137. (a) For any period during which the federal Egg Marketing
Order (7 C.F. R. 994) and any resulting regulations are in effect and
for which a federal assessment was paid in accordance with the
order, the assessment collected by the commission pursuant to this
chapter shall not exceed one-half cent ($0.005) per dozen shell eggs
or the equivalent thereof.
(b) If the federal order is terminated, this section shall have no
future force and effect.