SECTIONS 77331-77338 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77331-77338

77331. (a) The commission shall establish the assessment for the
following marketing year not later than March 1 of each year, or as
soon thereafter as is possible.
(b) The assessment for the 1989-90 marketing year shall not exceed
twenty-five cents ($0.25) per ton for producers and twenty-five
cents ($0.25) per ton for handlers on all peppers grown and shipped
on a wet pound or ton basis by producers and handled by handlers.
Thereafter, the assessment shall not exceed one dollar ($1) per ton
for producers and one dollar ($1) per ton for handlers.
(c) The assessment for the 1989-90 marketing year shall not exceed
$0.00065 per pound for producers and $0.00065 per pound for handlers
on all peppers grown and shipped on a dry pound basis by producers
and handled by handlers. Thereafter, the assessment shall not exceed
a maximum of $0.0026 per pound for producers and $0.0026 per pound
for handlers.
(d) The assessment for the 1989-90 marketing year shall not exceed
two cents ($0.02) per pound for producers and two cents ($0.02) per
pound for handlers on all planting seed grown by producers and
handled by handlers. Thereafter, the assessment shall not exceed a
maximum of eight cents ($0.08) per pound for producers and eight
cents ($0.08) per pound for handlers.
(e) The handler shall deduct the producer assessment from amounts
paid by him or her to the producer and shall be a trustee of these
funds and the assessment owed by the handler until they are paid to
the commission at the time and in the manner prescribed by the
commission.
(f) A fee greater than the amount provided in this section may not
be charged unless and until a greater fee is approved pursuant to
the procedures specified in Section 77312.

77332. (a) Unless specified otherwise, this chapter does not apply
to persons who grow peppers only for the producer's home use or who
grow or produce less than the number of acres or tons established
pursuant to Section 77230 of fresh peppers, or the equivalent in dry
peppers or pepper seed, in the current marketing year. However, any
such person who markets peppers shall file an affidavit with the
commission establishing that the person grows less than 10 acres of
peppers or produces less than 100 tons of fresh peppers, or the
equivalent in dry peppers or pepper seed. The commission shall then
determine whether the affidavit should be approved.
(b) Unless specified otherwise, this chapter does not apply to any
person who handles less than the number of tons of fresh peppers
established pursuant to Section 77226, or the equivalent in
dehydrated peppers or pepper seed, in the current marketing year.
However, any person who is handling peppers shall file an affidavit
with the commission specifying that the person handles less than the
number of tons of peppers established pursuant to Section 77226. The
commission shall, upon receipt of the affidavit, determine whether
this chapter applies to that person.

77333. Every person who handles peppers in California, including
persons who handle less than the tonnage threshold established
pursuant to Section 77226, shall keep a complete and accurate record
of all peppers handled with the name of the producer whose peppers
were handled. 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 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.

77334. (a) All proprietary information obtained by the commission
or the director from producers or handlers is confidential and shall
not be disclosed except when required in a judicial proceeding.
(b) Information on volume shipments, product value, and any other
related information which is required for reports to governmental
agencies; financial reports to the commission or aggregate sales and
inventory information; and any other information which the commission
requires that gives only totals, but excludes individual producer
and handler information, may be disclosed by the commission.

77335. Any assessment which is levied as provided for in this
chapter is a personal debt of every producer and handler so assessed.

77336. Every handler shall be personally liable for the payment of
collected assessments to the commission. Failure of a handler to
collect the assessment shall not exempt the handler from liability
and shall not relieve any person subject to this chapter from the
obligation to pay the assessment.

77337. 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.

77338. When the producer or 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 violating this
chapter, including but not limited to, failing to pay assessments or
to collect assessments, shall also include identical liability upon
each director or officer of the corporation.