SECTIONS 77621-77627 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77621-77627

77621. (a) The commission shall establish the assessment for the
marketing year not later than January 1 of each year or as soon
thereafter as is possible.
(b) The assessment shall not exceed one dollar ($1) per thousand
board feet net log scale Scribner Decimal C log rule, or the
equivalent thereof, as determined by the commission.
(c) The producer shall pay the assessment to the commission at the
time and in the manner prescribed by the commission.
(d) An assessment of more than the amount provided for in
subdivision (b) may not be charged unless and until a greater
assessment is approved pursuant to the vote requirements specified in
Section 77602.

77622. Any person requesting an exemption from this chapter shall
file an affidavit with the commission attesting that he or she is not
a producer. The affidavit shall contain all of the information
required by the commission. The commission shall review the
affidavit, conduct any additional investigation it deems appropriate,
and approve or deny the affidavit. Approval of the affidavit does
not exempt the person from the requirements of Section 77623.

77623. Every producer and every person described in subdivision (c)
of Section 77528 shall keep a complete and accurate record of all
transactions involving the sale or purchase of timber. The records
shall be in simple form and contain information as the commission
shall prescribe. The records shall be retained by the producer or
person 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.

77624. (a) All proprietary information obtained by the commission
or the secretary from producers is confidential and shall not be
disclosed except when required by court order after a hearing 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 producer
information, may be disclosed by the commission.
(c) The commission may request that the Governor, by general or
special order, authorize examination by the State Board of
Equalization of records maintained by the commission, if a reciprocal
arrangement exists between the commission and the State Board of
Equalization. The information so obtained pursuant to the order of
the Governor shall not be made public except to the extent and in the
manner that the order authorizes that it be made public.

77625. Any assessment which is levied pursuant to this chapter is a
personal debt of every producer so assessed.

77626. Any producer 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.

77627. When the producer 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.