1. (a) Every operator of every certified farmers' market shall remit to the California Department of Food and Agriculture two dollars ($2) for each vendor participating and selling goods under the authority and management of the certified farmers' market operator on each market day for the entire previous quarter. This includes each vendor participating and selling goods at the market operator's certified farmers' market or a separate sales activity that is concurrently operated, adjacent to, or contiguous, to the certified farmers' market, which is under the control of the market operator, the authorized representative of the market operator, or an individual or entity that is empowered by the market operator.

   1. (1) Goods shall include tangible, material products.

      1. (i) Distribution of materials with no monetary exchange shall not be considered goods for purposes of this article.

   2. (2) The fee shall be submitted within 30 days after the end of each quarter, and shall be submitted with a form authorized by the secretary, and must contain the following information:

      1. (i) Name of market operator, as listed on the certified farmers' market certificate;
      2. (ii) Market certificate number, as listed on the certified farmers' market certificate;
      3. (iii) Name and address of the market, as listed on the certified farmers' market certificate;
      4. (iv) Name of market manager, as listed on the certified farmers' market certificate;
      5. (v) Market day(s) and hours of operation, as listed on the certified farmers' market certificate;
      6. (vi) Quarterly period for which the report is submitted;
      7. (vii) A list of each participating certified producer, their certified producer's certificate number and issuing county, the dates the certified producer participated in the market for the quarter, and the total number of days that the certified producer participated for the entire quarter; a list of each participating producer offering for sale non-certifiable agricultural products, the products being sold, the dates the producer participated in the market for the quarter, and the total number of days that the producer participated for the entire quarter; and the total number of non-agricultural vendors that participated, per market day, for the entire quarter;
      8. (viii) Amount of fees submitted; and
      9. (ix) Signature of market operator or the authorized representative of the market operator.
2. (b) Any operator who fails to pay the required fee within thirty (30) days after the end of the quarter in which it is due shall pay interest at the rate of one and one half (1 ½ ) percent per month on the entire unpaid balance including any late penalty fees that may apply, until payment is received in full.
3. (c) In addition to monthly interest charges referenced in Section 1392.8.1(b), any operator who fails to pay the required fee within sixty (60) days after the end of the quarter in which it is due, shall pay a late penalty fee of one hundred dollars ($100), and an additional one hundred dollars ($100) for every thirty (30) days thereafter, until payment is received in full or the certificate expires.

Note: Authority cited: Sections 407, 47000, 47001, 47003, 47011 and 47021, Food and Agricultural Code. Reference: Sections 47002, 47003, 47004, 47011 and 47021, Food and Agricultural Code.

History

1. New section filed 12-30-99 as an emergency; operative 1-1-2000 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 5-1-2000 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 12-30-99 order transmitted to OAL 4-19-2000 and filed 5-17-2000 (Register 2000, No. 20).

3. Amendment of subsection (2), new subsection (3) and amendment of Note filed 3-7-2005; operative 4-6-2005 (Register 2005, No. 10).

4. Amendment of subsection (h) filed 8-18-2011; operative 9-17-2011 (Register 2011, No. 33).

5. Change without regulatory effect amending subsection (1) filed 2-2-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 6).

6. Amendment filed 9-8-2020; operative 1-1-2021 (Register 2020, No. 37). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.

7. Editorial correction of History 6 (Register 2020, No. 43).