1. (a) This section establishes a schedule of, and procedures for the collection of, assessments for the crops shown in subsection (b) below for the purpose of broomrape control as authorized in sections 7430 to 7434.5 inclusive of the Food and Agricultural Code.
2. (b) The Secretary of Food and Agriculture hereby establishes an assessment of $0.14 per ton of tomatoes for processing purposes, as defined in Section 40702 of the Food and Agricultural Code, produced in each district, as defined and referenced in Section 7405(c) of the Food and Agricultural Code. The assessment is to be paid equally by the handler and producer, as defined in Section 7405(d) and (f), respectively, of the Food and Agricultural Code. The producer's half of the assessment shall be collected from the producer by the handler at the point and time that the crop is purchased or received by the handler.
3. (c) The assessment collected from producers by handlers shall be paid to the Secretary before the 15th day of the month following the month in which the handler collected the assessment.

4. (d) Each handler or producer-handler shall accompany payments with a statement that identifies that the payment is intended for the Broomrape Management Account and includes the name of the handler or producer-handler, and the total number of tonnage per each district assessed.

   (d)(1) The definition of “producer-handler” in Section 3601(a)(1) applies to “producer-handler” as that term is used in this section.

5. (e) Each handler shall maintain books or records for amounts paid by the handler, producer-handler, and producer assessments collected by the handler, for five years as are necessary to verify reports and remittances to the Secretary. All such records shall be made available for inspection by the Secretary upon request.

Note: Authority cited: Sections 407, 7401, 7405, 7421, 7423, 7430, 7431, 7432, 7433, 7434 and 7434.5, Food and Agricultural Code. Reference: Sections 7401, 7421, 7423, 7430, 7431 and 7434.5, Food and Agricultural Code.

History

1. Change without regulatory effect renumbering former section 3950 to section 3602 filed 3-11-2025 pursuant to section 100, title 1, California Code of Regulations (Register 2025, No. 11).

2. Amendment of subsections (a) and (b), new subsections (d)-(e) and amendment of Note filed 10-16-2025; operative 1-1-2026 (Register 2025, No. 42). The amendments of subsections (a) and (b) are exempt from the APA pursuant to Government Code section 11340.9(g).