SECTIONS 77481-77488 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77481-77488

77481. The commission shall, not later than February 1 of each
year, establish the assessment for the marketing season that begins
February 1 and continues through January 31 of the following year.
The assessment shall not exceed the following amounts:
(a) Two and one-half cents ($0.025) per crate, or the equivalent,
for strawberries delivered for shipping by producers.
(b) Two and one-half cents ($0.025) per crate, or the equivalent,
for strawberries received by shippers from producers.
(c) Two and one-half cents ($0.025) per 14 pounds for strawberries
delivered for processing by producers.
(d) Two and one-half cents ($0.025) per 14 pounds for strawberries
received by processors for processing from producers.
An assessment greater than the amounts in this section may not be
charged unless it is approved in accordance with the voting
requirements of Section 77462.

77481.5. An assessment established by the commission shall require
a favorable vote of not less than two-thirds of the voting producer
members, a majority of the voting shipper members, and a majority of
the voting processor members on the commission.

77482. This chapter does not apply to strawberries produced only
for a producer's home use or to strawberries that are used only for
ornamental purposes.

77483. Every shipper and processor shall keep a complete and
accurate record of all strawberries shipped or processed by him or
her with the name of the producer whose strawberries were shipped or
processed. A producer who delivers or markets strawberries to persons
other than to a shipper or processor shall keep a complete and
accurate record of all those strawberries. The records shall contain
information required by the commission. The records shall be
preserved by the producer, shipper, or processor 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.

77484. All proprietary information obtained by the commission or
the director from any source, including the names and addresses of
producers, shall be confidential and shall not be disclosed except
when required by court order in a judicial proceeding. Information on
volume shipments, crop 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 gives only totals, but excludes individual
information, may be disclosed by the commission.

77485. Producer assessments shall be upon the producer. The first
shipper or processor of strawberries being assessed 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. A producer
who delivers or markets strawberries to persons other than to a
shipper or processor shall pay an assessment directly to the
commission at the time and in the manner prescribed by the
commission.

77486. Every shipper or processor shall be personally liable for
the payment of the collected assessments from producers, and failure
to collect the assessment from any producer shall not exempt the
processor or shipper from liability.

77487. Any assessment that is levied as provided in this chapter is
a personal debt of every producer, processor, or shipper so
assessed. Failure of a shipper or processor to make payment of the
collected producer assessment to the commission shall not relieve the
producer of this obligation.

77488. (a) Any producer, shipper, or processor 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 past due and, in addition,
interest on the unpaid balance at the rate of 1.5 percent per month.
(b) In addition to any other penalty imposed, the commission may
require any person who fails to pay any assessment or related charge
pursuant to this article to furnish and maintain a surety bond in a
form and amount and for a period of time specified by the commission
as assurance that all payments to the commission will be made when
due.