SECTIONS 77151-77158 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77151-77158

77151. (a) The commission shall establish the assessment for the
following marketing year not later than the first day of each
marketing year or as soon thereafter as is possible.
(b) The assessment shall not exceed one cent ($0.01) per inshell
pound on all walnuts shipped by producers to handlers or handled by
producers.
(c) Assessments provided for in this section shall be levied on
the producer. The handler 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.
(d) A fee greater than the amount provided for in subdivision (b)
may not be charged unless and until a greater fee is approved by
producers pursuant to the procedures specified in Section 77123.

77152. This chapter does not apply to the walnuts produced only for
the producer's home use and to producers who handle 2,000 pounds or
less of walnuts in the preceding marketing year. However, the
producer shall file an affidavit with the commission establishing
that he or she has not handled walnuts. The commission shall then
determine whether the affidavit should be approved.

77153. Every handler shall keep a complete and accurate record of
all walnuts handled with the name of the producer whose walnuts were
handled. The records shall be in simple form and contain information
prescribed by the commission. The records shall be preserved by the
handler 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.

77154. All proprietary information obtained by the commission or
the secretary from producers or handlers is confidential and shall
not be disclosed except when required by a court order after a
hearing in a judicial proceeding involving this chapter.

77155. Every handler shall be personally liable for the payment of
collected assessments to the commission, and the failure of a handler
to collect the assessment from any producer does not exempt any
handler from liability.

77156. 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 does not relieve the producer of
the obligation to pay the assessment.

77157. 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, pay 1 1/2 percent
interest per month on the unpaid balance.

77158. 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 and each officer of the corporation.