SECTIONS 76341-76347 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 76341-76347

76341. (a) The commission shall, not later than March 31 of each
year, or as soon thereafter as possible, establish the assessment for
the following marketing year.
(b) The assessment for the first marketing year shall be six cents
($0.06) per pound on all wool marketed by producers.
(c) For the second and subsequent marketing years, the assessment
shall not exceed eight cents ($0.08) per pound on all wool marketed
by producers, as determined by the commission, unless a greater fee
is approved by producers pursuant to the procedures specified in
Section 76381.
(d) The commission may establish an assessment rate that is
different for offsort wool or offsorts than for other wool, provided
that the rate does not exceed the maximum assessment authorized in
subdivision (c).
(e) The assessment rate for wool, other than offsort wool, shall
not be increased by more than one-half of one cent ($0.005) each
marketing year.
(f) A fee greater than twelve cents ($0.12) per pound may not be
charged unless that fee is approved by the Legislature by statute.
(g) Assessments provided for in this section shall be upon the
producer. The handler shall deduct the assessment from amounts paid
by him or her to the producer and shall be a trustee of those funds
until they are paid to the commission at the time and in the manner
prescribed by the commission.

76341.5. This chapter does not apply to the wool produced only for
the producer's home use. However, the producer shall file an
affidavit with the commission establishing that he or she has not
marketed the wool. The commission shall then determine whether the
affidavit should be approved.

76341.7. This article applies to wool that was removed from sheep
after December 31, 1998.

76342. Every handler shall keep a complete and accurate record of
all wool handled with the name of the producer whose wool was
handled. When the wool handled was acquired from a person who is not
a producer, the handler shall determine from that person the name of
the producer for the purposes of the records required by this
section. The records shall be in simple form and contain information
as the commission shall prescribe. The records shall be preserved by
the handler for a period of five years and shall be offered and
submitted for inspection at any reasonable time upon written demand
of the commission or its duly authorized agent.

76343. All proprietary information obtained by the commission or
the director from producers or handlers or any other source, and all
lists of producers in the possession of the commission or the
director are confidential and shall not be disclosed except when
required by a court order after a hearing in a judicial proceeding
regarding this chapter. 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 the handlers request from the commission to receive in total,
excluding individual handler information, may be disclosed by the
commission.

76344. Every handler shall be personally liable for the payment of
collected assessments and failure of a handler to collect the
assessment from a producer shall not exempt the handler from
liability.

76345. 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 collect the assessment shall not relieve the producer of
the obligation to pay the assessment.

76346. 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, 1 1/2 percent
interest per month on the unpaid balance.

76347. When the handler is a corporation, all of the directors and
officers of the corporation in their capacity as individuals shall be
included, and any liability for failing to collect or make payment
of assessments, of which a corporate handler may be subject to under
this chapter, shall also include identical liability upon each
director or officer of the corporation.