SECTIONS 78700-78714 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 78700-78714

78700. (a) The commission shall establish the assessment for the
marketing season not later than March 1 of each year or as soon
thereafter as is possible. The assessment shall not exceed twenty
cents ($0.20) per 100 pounds, or the equivalent, for tomatoes
delivered to handlers by producers. Of the assessment, not more than
ten cents ($0.10) per 100 pounds prepared for market, or the
equivalent, shall be assessed against producers, and not more than
ten cents ($0.10) per 100 pounds shall be assessed against handlers.
(b) An assessment greater than the amount provided for in this
section may not be charged unless and until a greater fee is approved
by a majority of the commission and by eligible producers and
handlers pursuant to procedures specified in Section 78691.

78701. This chapter does not apply to tomatoes produced only for a
producer's home use or tomatoes that are used only for ornamental
purposes.

78702. Any person requesting an exemption from this chapter shall
file an affidavit with the commission attesting that he or she is not
an eligible producer or handler. The affidavit shall contain all 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.

78703. Every person who handles tomatoes in any quantity shall keep
a complete and accurate record of all transactions involving the
purchase or sale of tomatoes. The records shall be in a simple form
and contain such information as the commission shall prescribe. The
records shall be preserved 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.

78704. (a) All proprietary information obtained by the commission
or the secretary from any source, including, but not limited to, the
names and addresses of producers, is confidential and shall not be
disclosed except when required by a court order after a hearing in a
judicial proceeding.
(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, or aggregate sales and
inventory information, and any other information that gives only
totals, but excludes individual information, may be disclosed by the
commission.

78705. Any assessment that is levied as provided for in this
chapter is a personal debt of every person assessed.

78706. The first handler of tomatoes being assessed shall deduct
the assessment from amounts paid by him or her to the producer, and
shall be a trustee of these assessments and assessments required to
be paid by the handler until they are paid to the commission at the
time and in the manner prescribed by the commission. Failure to
collect the assessment from any producer shall not exempt the handler
from liability. In addition, failure of a handler to remit the
collected producer assessments to the commission shall not relieve
the producer of this obligation.

78707. 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.

78708. Any person 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, shall pay 1 1/2 percent
interest per month on the unpaid balance.

78709. In addition to any other penalty imposed, the commission may
require any person who fails to pay an 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.

78710. It is a misdemeanor for any person to do any of the
following:
(a) Willfully render or furnish a false report, statement, or
record required by the commission, or in any way to affect the
shipment and marketing of tomatoes with the intent to avoid payment
of assessments on the product's highest value.
(b) Fail to render or furnish a report, statement, or record
required by the commission.
(c) When engaged in the shipping of tomatoes or in the wholesale
or retail trade of tomatoes, to fail or refuse to furnish to the
commission or its duly authorized agents, upon request, information
concerning the name and address of the persons from whom he or she
received tomatoes, and the quantity so received.
(d) Secrete, destroy, or alter records required to be kept under
this chapter.

78711. The commission shall establish procedures for the purpose of
according individuals aggrieved by its actions or determinations an
informal hearing before the commission, or before a committee of the
commission designated for that purpose. Appeals from decisions of the
commission may be made to the secretary. The determination of the
secretary shall be subject to judicial review upon petition filed
with the appropriate superior court.

78712. The commission may commence civil actions and utilize all
remedies provided in law or equity for the collection of assessments
and civil penalties, and for the obtaining of injunctive relief or
specific performance regarding this chapter and the regulations
adopted pursuant to this chapter. A court shall issue to the
commission any requested writ of attachment or injunctive relief upon
a prima facie showing by verified complaint that a named defendant
has violated this chapter or any other regulation of the commission,
including, but not limited to, the nonpayment of assessments. No bond
shall be required to be posted by the commission as a condition for
the issuance of any writ of attachment or injunctive relief.
A writ of attachment shall be issued pursuant to Chapter 4
(commencing with Section 485.010) of Title 6.5 of Part 2 of the Code
of Civil Procedure, except that the showing specified in Section
485.010 of the Code of Civil Procedure is not required. Injunctive
relief shall be issued pursuant to Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure, except
that the showing of irreparable harm or inadequate remedy at law
specified in Sections 526 and 527 of the Code of Civil Procedure is
not required.
Upon entry of any final judgment on behalf of the commission
against any defendant, the court shall enjoin the defendant from
conducting any type of business regarding tomatoes until there is
full compliance and satisfaction of the judgment. Upon a favorable
judgment for the commission, it shall be entitled to receive
reimbursement for any reasonable attorney's fees and other actual
related costs. Venue for these actions may be established at the
domicile or place of business of the defendant or in the county of
the principal office of the commission. The commission may be sued
only in the county of its principal office.

78713. Any action by the commission for any violation of this
chapter shall be commenced within two years from the date of
discovery of the alleged violation. Any action against the commission
by any person shall be commenced within two years from the date of
the act of which the person complains.

78714. The termination of this chapter shall not affect or waive
any right, duty, obligation, or liability that has arisen or that may
thereafter arise in connection with this chapter, release or
extinguish any violation of this chapter, or affect or impair any
right or remedies of the commission with respect to any violation.