1. (a) As used in this section, unless the context otherwise requires:

   1. (1) Producer-handler means a producer who operates as a handler, as to any crop in subsection (g), produced.
   2. (2) Producer means any person who owns or shares in the proceeds of a crop subject to payment of assessment pursuant to this section.
2. (b) The Secretary of Food and Agriculture, pursuant to Sections 6031-6036 of the Food and Agricultural Code, hereby establishes an assessment for each crop produced in each district stated in subsection (g). The full amount of the assessment shall be collected from the producer by the first handler at the point and time that the crop is purchased or received by the handler, or in the case of a producer-handler when the crop is marketed.
3. (c) The assessment collected from producers by handlers or due from producer-handlers with the exception of handlers of dry beans and/or vine seeds shall be paid to the Secretary before the 15th day of the following month. Assessments collected from producers by handlers or due from producer-handlers of dry beans and/or vine seeds shall be paid to the Secretary annually by April 1 for products cleaned during the crop year.
4. (d) Each handler or producer-handler shall accompany payments with a statement in duplicate containing such information as is required by instructions of the Secretary.
5. (e) Each handler or producer-handler shall maintain for four years such books and records as are necessary to verify reports and remittances to the Secretary. All such records shall be made available for inspection by the Secretary.
6. (f) All information obtained by the Secretary from books, records, and reports of handlers or producer-handlers pursuant to this section shall be confidential.

7. (g) The assessments are as follows:

   District I -- Imperial and Riverside Counties.

   Crop

   Assessment Rate Per Ton (Dollars)

   Tomatoes

   .493

   Sugar Beets

   .074

   Muskmelons

   .055

   Watermelons

   .018

   Cucumbers

   .055

   Beans (Dry)

   .108

   Beans (Green Lima)

   .092

   Beans (Green Snap)

   .066

   Peppers

   .113

   Spinach

   .018

   Squash (Green weight)

   .050

   Pumpkin (Green weight)

   .029

   District II -- Kern, Kings, Tulare, Fresno, Madera, Merced, Stanislaus, and San Joaquin counties, and that portion of Los Angeles County lying north of the San Gabriel Mountains.

   Crop

   Assessment Rate Per Ton (Dollars)

   Tomatoes

   .231

   Sugar Beets

   .097

   Muskmelons (Green weight)

   .060

   Muskmelons (Vine seed)

   3.318

   Cucumbers (Green weight)

   .048

   Cucumbers (Vine seed)

   3.360

   Beans (Dry)

   .176

   Beans (Green Lima)

   .151

   Beans (Green Snap)

   .102

   Peppers

   .196

   Squash (Green weight)

   .050

   Squash (Vine seed)

   2.304

   Pumpkin (Green weight)

   .029

   Pumpkin (Vine seed)

   1.320

   Spinach

   .018

   Watermelon (Green weight)

   .018

   Watermelon (Vine seed)

   1.135

   District III -- Sacramento, Solano, Yolo, Placer, Sutter, Yuba, Colusa, Butte, Glenn, and Tehama counties.

   Crop

   Assessment Rate Per Ton (Dollars)

   Tomatoes

   .035

   Sugar Beets

   .036

   Muskmelons (Green weight)

   .031

   Muskmelons (Vine seed)

   4.355

   Cucumbers (Green weight)

   .018

   Cucumbers (Vine seed)

   1.172

   Beans (Dry)

   .056

   Beans (Green Lima)

   .064

   Beans (Green Snap)

   .018

   Peppers

   .018

   Spinach

   .018

   Watermelon (Vine seed)

   .308

   Squash (Green weight)

   .018

   Squash (Vine seed)

   2.304

   Pumpkin (Green weight)

   .018

   Pumpkin (Vine seed)

   1.320

   District IV -- Alameda, Contra Costa, Monterey, San Benito, San Luis Obispo, Santa Clara, Santa Cruz, and Santa Barbara counties.

   Crop

   Assessment Rate Per Ton (Dollars)

   Tomatoes

   .116

   Sugar Beets

   .046

   Muskmelons (Vine seed)

   1.281

   Cucumbers (Green weight)

   .022

   Cucumbers (Vine seed)

   1.243

   Beans (Dry)

   .111

   Beans (Green Lima)

   .080

   Beans (Green Snap)

   .097

   Peppers

   .157

   Spinach

   .018

   Squash (Green weight)

   .022

   Squash (Vine seed)

   2.304

   Pumpkin (Green weight)

   .018

   Pumpkin (Vine seed)

   1.320

8. (h) The assessment rates listed in subsection (g) may be adjusted by the Secretary, whenever necessary as provided in Section 6036 of the Food and Agricultural Code, in the following manner:

   1. (1) The Beet Curly Top Virus Control Board (Board) shall be advisory to the Secretary and may make recommendations on necessary assessments required to accomplish the purposes of the program as provided in Food and Agricultural Code section 6031.

      1. (A) Prior to making a recommendation to the Secretary, the Board shall provide notice of the agenda for the scheduled Board meeting, showing matters to be considered by the Board. The agenda shall include the topics to be discussed, the date, time, and location of the Board meeting, and a statement that the Board meeting is open to the public. The agenda shall be mailed at least 15 days ahead of the scheduled meeting date to board members, potentially affected commodity stakeholders, producers, handlers, and producer-handlers as described in subsection (a), and interested parties who have requested such notice in writing. The agenda shall be posted online at least 10 calendar days before the Board meeting at https://www.cdfa.ca.gov/plant/ipc/curlytopvirus/ctv_hp. htm.
      2. (B) If the Board approves a proposed change in assessment rates as necessary to meet the operational needs of the program as provided in Sections 6031 and 6036 of the Food and Agricultural Code, then the Board shall promptly make its written recommendation on assessment rates to the Secretary.
   2. (2) The Secretary shall approve or disapprove of the recommendation and so notify the Board in writing of his or her decision within thirty (30) calendar days of receipt of the recommendation of proposed changes by the Board.
   3. (3) If the recommendation is approved by the Secretary, the Department shall provide electronic or written notification of the change in assessment rates to producers, handlers, and producer-handlers. The new assessment rates will be reflected in subsection (g) and made available online at https://www.cdfa.ca.gov/plant/ipc/curlytopvirus/ctv_hp.htm.
   4. (4) The new assessment rates shall become effective on the first day of the third month following the date on which the approved change in rates is provided to producers, handlers, and producer-handlers and shall be paid as described in subsection (c).

This section establishes a schedule of, and procedures for the collection of, assessments for the crops shown in subsection (g) below for the purpose of beet leafhopper control as authorized in sections 6032-6036 of the Food and Agricultural Code.

Note: Authority cited: Sections 407, 6034 and 6036, Food and Agricultural Code. Reference: Sections 6034, 6035, 6036 and 6041, Food and Agricultural Code.

History

1. Amendment of subsection (g)(3) filed 3-22-78 as an emergency; designated effective 4-1-78 at 12:01 a.m. (Register 78, No. 12). For prior history, see Register 77, No. 31.

2. Certificate of Compliance filed 4-12-78 (Register 78, No. 15).

3. Amendment of subsection (g) filed 6-1-78; designated effective 7-1-78 (Register 78, No. 22).

4. Amendment filed 12-18-79 as an emergency; designated effective 1-1-80 (Register 79, No. 51). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 4-17-80.

5. Certificate of Compliance filed 3-14-80 (Register 80, No. 11).

6. Editorial correction repealing subsections (a)(1) and (a)(2) and renumbering subsections (a)(3) and (a)(4) to subsections (a)(1) and (a)(2) filed 2-17-83 (Register 83, No. 8).

7. Amendment of subsection (g) filed 7-19-84; effective thirtieth day thereafter (Register 84, No. 29).

8. Amendment of subsection (g) filed 10-21-85; designated effective 11-1-85 pursuant to Government Code section 11346.2(d) (Register 85, No. 43)

9. Amendment of subsection (g) filed 11-24-86; designated effective 1-1-87. (Register 86, No.48)

10. Amendment of subsection (g) filed 3-25-94; operative 5-1-94 (Register 94, No. 12).

11. Amendment of subsection (g) filed 3-16-95; operative 7-1-95 (Register 95, No. 11).

12. Amendment of subsection (g) filed 5-20-98 as an emergency; operative 7-1-98 (Register 98, No. 21). A Certificate of Compliance must be transmitted to OAL by 10-29-98 or emergency language will be repealed by operation of law on the following day.

13. Certificate of Compliance as to 5-20-98 order transmitted to OAL 8-14-98 and filed 9-3-98 (Register 98, No. 36).

14. Amendment of subsection (g) filed 6-7-99 as an emergency; operative 7-1-99 (Register 99, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-29-99 or emergency language will be repealed by operation of law on the following day.

15. Certificate of Compliance as to 6-7-99 order transmitted to OAL 10-19-99 and filed 12-2-99 (Register 99, No. 49).

16. Amendment of subsection (g) filed 4-26-2004 as an emergency; operative 7-1-2004 (Register 2004, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-29-2004 or emergency language will be repealed by operation of law on the following day.

17. Certificate of Compliance as to 4-26-2004 order transmitted to OAL 9-28-2004 and filed 11-10-2004 (Register 2004, No. 46).

18. Amendment of subsection (g) filed 2-10-2011; operative 3-12-2011 (Register 2011, No. 6).

19. Amendment of section and Note filed 9-6-2018; operative 9-6-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 36).

20. Editorial correction of subsection (g) (Register 2019, No. 10).

21. Amendment of subsection (g) filed 3-6-2019; operative 3-6-2019. Submitted to OAL for filing and printing only (Register 2019, No. 10).

22. Amendment of subsection (g) filed 2-21-2020; operative 2-21-2020. Submitted to OAL for filing and printing only pursuant to Government Code section 11340.9(g) (Register 2020, No. 8).