SECTIONS 77985-77990 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77985-77990

77985. (a) The commission shall establish the assessment for the
following marketing year not later than January 1 of each year, or as
soon thereafter as is possible. The commission shall adopt bylaws
that indicate when payment is due.
(b) The assessment for the 1991 marketing year shall not be less
than one-half of 1 percent, nor more than 1 percent, of the gross
dollar value of flowers grown and shipped by a producer. In any
subsequent marketing year, the assessment shall not be more than 1
percent of the gross dollar value of flowers grown and shipped by a
producer.
(c) A fee greater than the amount specified in subdivision (b) may
not be charged unless approved by the vote specified in Section
77971.
(d) No producer shall be assessed more than one hundred thousand
dollars ($100,000) for any marketing year, except that this
limitation shall not be applicable for the entire marketing year in
which a producer does not comply with the assessment collection
requirements established in this article and as prescribed by the
commission.

77986. This chapter does not apply to any person who grows flowers
only for his or her own home use or who is not a producer. However,
any such person who markets flowers shall submit all required reports
and shall file an affidavit with the commission establishing that
the person grows flowers valued at less than the gross value
established pursuant to Section 77918. The commission shall then
determine whether the affidavit should be approved.
The commission may terminate the collection of assessments
directly from producers and, instead, collect producer assessments
from shippers or handlers who shall deduct the assessment from
amounts paid by the shippers or handlers to the producers and who
shall be trustees of the funds until they are paid to the commission
at the time and in the manner prescribed by the commission.

77987. Every person in this state who grows flowers for market,
whether or not the flowers grown are valued at less than the gross
value established pursuant to Section 77918, shall keep a complete
and accurate record of the gross dollar value of all flowers grown
and cut. The records shall be in simple form and contain information
as the commission shall prescribe. The records shall be retained by
the person for 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.

77988. (a) The commission may specify, by regulation, the
conditions under which proprietary information obtained from
producers may be disclosed. Otherwise, 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 in a judicial proceeding.
(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.

77989. Any assessment that is levied pursuant to this chapter is a
personal debt of every producer so assessed. If 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 failure to collect or make payment of assessments for which a
corporate producer may be subject pursuant to this chapter shall
include identical liability upon each individual director or officer
of the corporation.

77990. Any producer 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.