Bill Text: CA AB1894 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Food and agriculture: omnibus bill.

Spectrum: Unknown

Status: (Passed) 2016-09-09 - Chaptered by Secretary of State - Chapter 260, Statutes of 2016. [AB1894 Detail]

Download: California-2015-AB1894-Introduced.html

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BILL NUMBER: AB 1894	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Agriculture

                        FEBRUARY 11, 2016

   An act to amend Section 48003 of the Food and Agriculture Code,
relating to agriculture.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1894, as introduced, Committee on Agriculture. Handlers: navel
oranges, Valencia oranges, lemons, and mandarin citrus varieties:
failure to pay fees.
   Existing law establishes the California Citrus Advisory Committee
and requires the committee to develop and make recommendations to the
Secretary of Food and Agriculture regarding procedures for
implementing an inspection program. Existing law requires producers
of navel oranges, Valencia oranges, lemons, or mandarin citrus
varieties grown in this state and prepared for fresh market in
certain counties of the state to pay an assessment, as provided.
Existing law requires the assessment to be collected from the
producer by the first handler, and requires that the assessment be
remitted to the Department of Food and Agriculture by the first
handler, along with an assessment form, at the end of each month
during the marketing season. Existing law requires any handler that
does not file the required assessment report and assessments by the
10th day of the month following the month for which the assessment is
payable to pay a penalty of 10% of the assessment owed, and, in
addition, 1.5% interest per month on the unpaid balance.
   This bill would instead require a handler to file the required
assessment form and pay the assessment and inspection fees by the
last day of the month immediately following the month in which the
commodities were received, and would additionally apply the 10%
penalty and 1.5% interest to a failure to pay an inspection fee. The
bill would make a handler personally liable for the payment of
assessments and inspection fees.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 48003 of the Food and Agricultural Code is
amended to read:
   48003.  (a)  Upon establishment of an inspection program,
any handler who does not file the required assessment report and
assessments by the 10th day of the month following the month for
which the assessment is payable   Every person acting as
a handler of commodities subject to this chapter shall be personally
liable for the payment of assessments and inspection fees. Any
handler who fails to file the required assessment form or pay an
assessment or inspection fee by the last day of the month immediately
following the month in which the commodities were received 
shall pay  to the secretary  a penalty of 10 percent of the
 assessment   assessment, inspection fee, or the
sum of both the assessment fee and the inspection fee,  owed
and, in addition, 1.5 percent interest per month on the unpaid
balance.
   (b)  Upon establishment of an inspection program, it
  It  shall be unlawful for  any 
 a  handler to refuse to collect the assessments or remit
the assessments and the proper forms required by this chapter.
   (c) A handler shall not charge a producer an administrative fee
for collecting or remitting an assessment.
   (d) A producer who disputes the amount of the assessment may file
a claim with the secretary. The producer shall prove his or her claim
by a preponderance of the evidence.
   (e) A producer may not bring a claim against a handler for
damages, or otherwise, in connection with the assessment or the
required deduction by the handler of the moneys owed to the producer.