SECTIONS 79271-79278 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79271-79278

79271. (a) The commission shall, not later than March 1, 2010, or
as soon thereafter as possible, establish the assessment to be paid
by the producers and handlers for the marketing season. Thereafter,
the commission shall, not later than October 1 of each year, or as
soon thereafter as possible, establish the assessment to be paid by
the producers and handlers for the marketing season. The assessment
shall not be more than two and one-half cents ($0.025) per pound for
blueberries handled. Of the assessment one-half shall be assessed to
producers, and one-half shall be assessed to handlers.
(b) 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 79262.

79272. This chapter does not apply to blueberries produced only for
a producer's home use or to blueberries that are used only for
ornamental purposes.

79273. Every person who handles blueberries shall keep a complete
and accurate record of all blueberries handled by him or her with the
name of the producer whose blueberries were handled. A producer who
delivers or markets blueberries to persons other than to a handler
shall keep a complete and accurate record of all those blueberries.
The records shall contain information required by the commission. The
records shall be preserved by the producer or handler 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.

79274. (a) All proprietary information obtained by the commission
or the secretary from any source, including the names and addresses
of producers and handlers, shall be confidential and shall not be
disclosed except when required by court order 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.

79275. The first handler of blueberries 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 handles blueberries shall pay an assessment directly to
the commission at the time and in the manner prescribed by the
commission.

79276. Every handler 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 handler from
liability.

79277. Any assessment that is levied as provided in this chapter is
a personal debt of every producer and handler so assessed.

79278. (a) 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 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.