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Article 5. Special Assessments of California Food And Agricultural Code >> Division 4. >> Part 3. >> Chapter 2. >> Article 5.
(a) An annual assessment of 1 percent shall be levied on the
gross sales of all deciduous pome and stone fruit trees, nut trees,
olive trees, and grapevines, including seeds, seedlings, rootstocks,
and topstock, including ornamental varieties of apple, apricot,
crabapple, cherry, nectarine, olive, peach, pear, and plum, produced
and sold within the state or produced within and shipped from the
state by any licensed nursery dealer. For packaged or containerized
stock, the assessment shall be levied on the producer's bareroot
price of the plants.
(b) The secretary, as appropriate, and on the recommendation of the board established pursuant to Section 6988, may exempt from the assessment certain species of pome and stone fruit, nut trees, grapevines, or varieties of olive trees, or ornamental varieties of apple, apricot, crabapple, cherry, nectarine, olive, peach, pear, and plum if it can be demonstrated that no benefit is derived by these species or varieties from programs described in subdivision (d).
(c) The assessment shall be applied at the point of sale where the nursery stock is sold by a producer to persons other than California producers of nursery stock that is subject to assessment under subdivision (a).
(d) The secretary may set the assessment at a lower percent to cover the costs necessary to implement and carry out all department programs established pursuant to Article 7 (commencing with Section 5821) of Chapter 8 of Part 1 concerning the registration and certification of pome and stone fruit trees, nut trees, olive trees, and grapevines; the University of California foundation plant materials service activities concerning pome and stone fruit trees, nut trees, olive trees, and grapevines; and other activities related to the development of planting materials for pome and stone fruit trees, nut trees, olive trees, and grapevines.
(b) The secretary, as appropriate, and on the recommendation of the board established pursuant to Section 6988, may exempt from the assessment certain species of pome and stone fruit, nut trees, grapevines, or varieties of olive trees, or ornamental varieties of apple, apricot, crabapple, cherry, nectarine, olive, peach, pear, and plum if it can be demonstrated that no benefit is derived by these species or varieties from programs described in subdivision (d).
(c) The assessment shall be applied at the point of sale where the nursery stock is sold by a producer to persons other than California producers of nursery stock that is subject to assessment under subdivision (a).
(d) The secretary may set the assessment at a lower percent to cover the costs necessary to implement and carry out all department programs established pursuant to Article 7 (commencing with Section 5821) of Chapter 8 of Part 1 concerning the registration and certification of pome and stone fruit trees, nut trees, olive trees, and grapevines; the University of California foundation plant materials service activities concerning pome and stone fruit trees, nut trees, olive trees, and grapevines; and other activities related to the development of planting materials for pome and stone fruit trees, nut trees, olive trees, and grapevines.
The assessment shall be due and payable to the secretary
annually by March 10. Assessments not paid within 30 days of the due
date shall be considered delinquent.
(a) The measure of gross sales shall be the gross sales for
the previous fiscal year of each licensee.
(b) The secretary may conduct audits and ensure that an assessment is being properly paid.
(b) The secretary may conduct audits and ensure that an assessment is being properly paid.
Any money which is received by the department pursuant to
this article shall be paid into the State Treasury and shall be
credited to the Department of Food and Agriculture Fund. Any money in
the fund which is derived pursuant to this article shall be expended
solely to support programs specified in subdivision (d) of Section
6981.
The department may enter into agreements with the University
of California, any commissioner, and any qualified research agency to
assist in the development of planting material for pome and stone
fruit, nut tree, olive tree, and grapevine production. The agreements
shall provide for payment for services rendered from fees collected
pursuant to this article.
The secretary shall levy on all delinquent and unpaid
assessments pursuant to this article a collection charge of 20
percent of the amount due.
The secretary shall not renew a nursery license to any
applicant who has failed to pay an assessment due pursuant to this
article within 60 days of the due date.
The secretary, upon consultation with the pome and stone
fruit tree, nut tree, olive tree, and grapevine nursery industry,
shall appoint a board to assist and advise him or her concerning the
implementation of this article.
(a) Membership on the board shall consist of 11 representatives, a majority of whom are licensed producers of pome, stone, nut, olive, and grape nursery stock, but also users and a public member as follows:
(1) Two each from the stone fruit (including almonds) and nut (other than almond) industries.
(2) Four from the grape industry.
(3) One each from the pome fruit and olive industries.
(4) One public representative.
(b) Board members shall represent all areas of the state involved in the production of pome and stone fruit trees, nut trees, olive trees, and grapevines.
(c) The members of the board shall serve for fixed terms of up to two years. The secretary, upon nomination by the industry, may appoint a member for three consecutive terms. The secretary shall reappoint no more than eight of the then-current members of the board within a two-year period.
(d) The board shall meet at least twice a year. The chair or the secretary may call any other meeting when it is deemed necessary by one or both of them. Each member shall be allowed per diem and mileage in accordance with Department of Human Resources rules for attending any meeting of the board.
(e) The board shall review and make recommendations to the secretary concerning the ongoing operations of the department and the University of California pertaining to this article. This shall include advice on fiscal expenditure, assessments needed to cover costs, and proposals concerning the development of planting materials.
(a) Membership on the board shall consist of 11 representatives, a majority of whom are licensed producers of pome, stone, nut, olive, and grape nursery stock, but also users and a public member as follows:
(1) Two each from the stone fruit (including almonds) and nut (other than almond) industries.
(2) Four from the grape industry.
(3) One each from the pome fruit and olive industries.
(4) One public representative.
(b) Board members shall represent all areas of the state involved in the production of pome and stone fruit trees, nut trees, olive trees, and grapevines.
(c) The members of the board shall serve for fixed terms of up to two years. The secretary, upon nomination by the industry, may appoint a member for three consecutive terms. The secretary shall reappoint no more than eight of the then-current members of the board within a two-year period.
(d) The board shall meet at least twice a year. The chair or the secretary may call any other meeting when it is deemed necessary by one or both of them. Each member shall be allowed per diem and mileage in accordance with Department of Human Resources rules for attending any meeting of the board.
(e) The board shall review and make recommendations to the secretary concerning the ongoing operations of the department and the University of California pertaining to this article. This shall include advice on fiscal expenditure, assessments needed to cover costs, and proposals concerning the development of planting materials.
