65600-65605
FOOD AND AGRICULTURAL CODE
SECTION 65600-65605
65600. There is hereby levied and imposed upon all fresh grapes
shipped during each marketing season an assessment as fixed by the
commission at that amount determined by the commission as reasonably
necessary to pay all obligations incurred or to be incurred in
accordance with this chapter and as reasonably necessary to carry out
the objects and purposes of this chapter. However, during any
marketing season the assessment shall not exceed $0.006522 per pound
($0.6522 per 100 pounds), computed on net weight when shipped,
whether in bulk or loose in boxes or in any other container or packed
in any style package.
All shipments of 150 pounds or less of fresh grapes sold or
shipped by a producer direct to the consumer are exempt from the
assessments.
65601. Every shipper shall keep a complete and accurate record of
all fresh grapes shipped by him and the producer thereof. Such
records shall be in simple form and contain such information as the
commission shall by regulation or rule prescribe. Such records shall
be preserved by such shipper 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.
65602. Every shipper shall, at such times as the commission may by
rule or regulation require, file with the commission a return, under
oath, on forms to be prescribed and furnished by the commission,
stating the quantity of fresh grapes shipped by him during the period
or periods of time prescribed by the commission. The names of
producers in each district for which such shipper has shipped, and
such further information as may be necessary in the discretion of the
commission to carry out the object and purposes of this chapter.
65603. All information obtained by the commission from shippers
shall be confidential and shall not be disclosed except when required
in a judicial proceeding.
65604. All assessments imposed by this chapter shall be due and
payable and shall be paid to the commission by each shipper. The
commission shall, by rule or regulations, prescribe the time and
method of payment thereof.
65605. All such assessments shall be paid to the commission by the
shipper first shipping such fresh grapes. Every shipper is authorized
to collect such assessments from a producer, and shall deduct the
assessment from any moneys owed to any such producer. Every shipper
shall be primarily and personally liable for the payment of any such
assessment, and failure of the shipper to collect the same from any
producer shall not exempt any shipper from such primary liability.
Any shipper who fails to file a return or pay any assessment within
the time required shall thereby forfeit to the commission a penalty
of 10 percent of the amount of such assessment determined to be due,
but if the commission is satisfied that the delay was excusable, may
remit all or any part of such penalty. Such penalty shall be paid to
the commission and shall be available for expenditure in the same
manner as an assessment.