SECTIONS 77841-77847 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77841-77847

77841. (a) The commission, prior to the beginning of each marketing
year, or as soon thereafter as possible, shall establish the
assessment for the following marketing season, which shall not exceed
five dollars ($5) per hundredweight for dates handled.
(b) An assessment greater than the amount provided in subdivision
(a) may not be imposed unless and until, a greater assessment amount
is approved by a 2/3 vote of the membership of the commission.

77842. This chapter does not apply to any person who handles less
than 25,000 pounds of dates per year. However, any such person shall
file an affidavit with the commission establishing that he or she is
exempt from this chapter. The commission shall determine whether to
approve the affidavit. Additional exemptions from this chapter may be
approved by a majority vote of the commission.

77842.5. (a) Every person who handles dates in any quantity shall
keep a complete and accurate record of all dates handled. The records
shall be in simple form and contain any information that the
commission prescribes.
(b) The records shall be retained by the handler for a period of
three years and shall be offered and submitted for inspection at any
reasonable time upon written demand of the commission or its duly
authorized agent.

77843. (a) All proprietary information obtained by the commission
or the secretary from 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.
(b) Information on volume shipments, crop value, and any other
related information that is required for reports to governmental
agencies, financial reports to the commission, aggregate sales and
inventory information, and any other information that the commission
requires that gives only totals, but excludes individual handler
information, may be disclosed by the commission.

77844. The assessments shall be levied upon and paid by the handler
pursuant to this chapter.

77845. Any assessment that is levied pursuant to this chapter is a
personal debt of every handler so assessed.

77846. Any handler who fails to file a return or pay any assessment
within the time required by the commission shall pay 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.

77847. In addition to any other penalty imposed, the commission may
require any person who fails to pay assessments or related charges
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 shall be made when
due. However, a bond shall not be required until the commission has
made a reasonable attempt to obtain compliance from the handler.