Section 71126 Of Article 6. Assessments And Records From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 9.5. >> Article 6.
71126
. (a) Only the first handler of rice is subject to the handler
assessment and shall deduct the producer 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. Title to the assessments shall pass
immediately to the commission and handlers shall hold the assessments
in trust for the benefit of the commission and shall remit them,
with assessment reports, in the time and manner specified by the
commission. All first handlers, without regard to the volume handled,
shall deduct and remit the producer assessment. 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.
(b) If rice is forfeited under a loan from the Commodity Credit
Corporation, the handler shall pay both the producer and handler
assessments if the rice is contracted to the handler. If the handler'
s total volume for the marketing season is less than 100,000
hundredweight, only the producer assessment shall apply. If the rice
forfeited under a loan from the Commodity Credit Corporation is not
contracted to a handler, the producer shall pay both the handler and
producer assessments. If the total volume handled by the producer
during the marketing season is less than 100,000 hundredweight, only
the producer assessment shall apply.