64691-64702

FOOD AND AGRICULTURAL CODE
SECTION 64691-64702




64691.  (a) In order to carry out the programs and administer the
activities which are conducted pursuant to this chapter, except as
specified in Sections 64691.5 and 64702, a fee of one dollar ($1) per
head shall be paid on each sale of cattle and calves as specified in
Section 64691.7. The fee shall be charged on all cattle and calves,
except the following:
   (1) Hides, skins, or reduction animals.
   (2) Any cattle that are transported for purposes other than for
sale or slaughter and without a change of ownership.
   (3) Any cattle custom slaughtered exclusively for the owner,
members of the owner's household, or the owner's nonpaying guests or
employees.
   (4) Any calves weighing less than 300 pounds.
   (b) The fee shall not be charged or collected more than once from
each owner upon the same animal and is nonrefundable.



64691.1.  Each person who is required to pay or collect the fees
which are required in Section 64691 shall maintain a complete and
accurate record of all transactions subject to fees under this
chapter. These records shall contain information required by the
director relating to the payment or collection of fees, shall be
preserved for a period of two years, and shall be offered and
submitted for inspection and audit at any reasonable time upon
written demand by the director or his or her duly authorized agent.
   All information obtained by the director or his or her duly
authorized agent from any inspection or audit of records shall be
confidential and shall not be disclosed except when required in a
judicial proceeding.



64691.5.  A fee greater than one dollar ($1) per head on cattle and
calves prescribed by Section 64691 shall not be charged pursuant to
that section under a mandatory fee payment program, unless and until
the greater fee is approved by the producers in this state, by a
referendum to be submitted to the producers by the secretary. The
secretary shall find that the producers have approved any greater
fee, if he or she finds that 60 percent of the producers voting in
the referendum voted in favor of charging the greater fee. Ballots
shall be provided to producers from a list provided by the council
and approved by the secretary, and to other producers who request a
ballot that provide proof of eligibility.


64691.7.  The fees required pursuant to Section 64691 shall be due
and payable as follows:
   (a) The fee for cattle or calves, whether originating in the state
or out-of-state, shall be paid by the seller. The fee shall be
charged and collected from the seller or from the seller's account
and paid to the director by each operator of any stockyard, livestock
auction market, slaughterhouse, or registered feedlot in the state.
The fee is due and payable to the director on or before the 15th day
of the month next succeeding the month in which the cattle and calves
are sold. Fees which are not collected in the manner provided in
this subdivision shall be collected from the seller by the Bureau of
Livestock Identification at the time that brand inspection fees are
collected.
   (b) The fee for calves for which the fee would not otherwise be
collected pursuant to subdivision (a) and which are also exempt from
brand inspection, shall be charged and collected from the seller or
from the seller's account by the purchaser and paid to the director
in the manner specified in subdivision (a).
   (c) Any fees which are not collected in the manner specified in
subdivision (a) or (b) shall be paid to the director directly by the
seller on or before the 15th day of the month next succeeding the
month in which the sale occurs.
   (d) A fee shall be paid for each head of cattle or calves
slaughtered in the state unless specifically exempted by Section
64691 or 64702. If the fee is not deducted from the seller it shall
be paid by the purchaser or slaughterer and is due and payable in the
manner provided in this section



64693.  (a) Any person who fails to pay, collect, or remit any fees
due within the time specified in this chapter shall be liable for
administrative costs incurred by the department in enforcing this
chapter, including the costs of any audit performed pursuant to
Section 64691.1. In addition, the person shall be liable civilly in
an amount not to exceed one hundred dollars ($100) for each head of
cattle or calves which is sold. The person shall also be liable for
all of the following:
   (1) The total amount of fees due.
   (2) The cost of the civil suit including attorney's fees.
   (3) Two percent interest per month on the unpaid balance of the
fees owed.
   (b) At the request of the director, the Attorney General shall
file an action in an appropriate court to collect any unpaid fees,
civil penalties, and interest, or in the alternative, the department
may bring the action when appropriate.



64693.5.  At the request of the director, the Attorney General shall
petition an appropriate court for the issuance of an injunction,
restraining any person in violation of any requirement specified in
this chapter or regulations adopted pursuant thereto from continuing
the violation. The court may also require the performance of any
obligation imposed under this chapter or any regulations adopted
pursuant thereto.



64694.  The fees which are collected by the Bureau of Livestock
Identification pursuant to this article shall be forwarded to the
director at the same time and in the same manner as the inspection
fees which are provided for in Article 9 (commencing with Section
21281) of Chapter 6 of Division 10. The director shall reimburse,
from any money which is collected pursuant to this section, the
Bureau of Livestock Identification and any other bureaus or agencies
of the state for any additional expenses which are incurred by them
in the administration or enforcement of this chapter.



64695.  Any person who is subject to the fee which is required by
Section 64691 may obtain a refund of the fee collected from him by
submitting to the director a claim for such refund. Such claim shall
be submitted in writing within 90 days after the date of the brand
inspection or the date of payment of the fee to the director
whichever date is later. The claim for refund shall contain such
necessary information as the director may require.
   This section shall not become operative unless and until the
promotion and research program is declared by the director to be
voluntary pursuant to the provisions of Article 7 (commencing with
Section 64671).



64696.  (a) All money that is collected by the director pursuant to
this chapter shall be deposited in any bank, or other depository that
is approved by the Director of Finance, allocated to the purposes of
this chapter only, and disbursed by the director or the council only
for the necessary expenses that are incurred by the council and the
director in carrying out the purposes and provisions of this chapter,
including expenses generated by the auditing requirement contained
in this section. Money that is so collected shall be deposited and
disbursed in conformity with appropriate auditing regulations that
are prescribed by the director. The expenditure of the money is
exempt from the provisions of Sections 925.6 and 16304 of the
Government Code.
   (b) All expenditures by the council and the director shall be
audited at least once every two years by one of the following means:
   (1) By contract with a certified public accountant.
   (2) By contract with a public accountant holding a valid permit
issued by the California Board of Accountancy.
   (3) By contract with a public accounting firm.
   (4) By agreement with the Department of Finance.
   A copy of the audit shall be delivered within 30 days after
completion of the audit to the Governor, the director, and the
Controller.



64697.  Money which is deposited pursuant to Section 64696 may be
invested and reinvested by the Treasurer or the council in any of the
securities described in Article 1 (commencing with Section 16430) of
Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code,
or placed in a depository as provided in Chapter 4 (commencing with
Section 16500) of Part 2 of Division 4 of Title 2 of the Government
Code, and handled in the same manner as money in the State Treasury.
For these purposes, the money may also be combined with funds which
are determined by the director to be available for investment
pursuant to Section 58939. Any increment which is received from
investment, reinvestment, or deposit made by the Treasurer shall be
remitted to the council. The Treasurer may deduct from the remittance
an amount equal to the reasonable cost incurred in carrying out this
section or may bill the council for the costs, and the council shall
pay the costs from money which is collected for it pursuant to this
chapter.


64698.  The director, after consultation with the council, shall
prepare an annual budget which sets forth in reasonable detail the
proposed expenditures which he deems necessary for the performance by
him and by the department of the duties which are imposed upon them
by this chapter. He shall also prepare and submit to the council an
annual statement, in reasonable detail, of his expenditures pursuant
to this chapter.



64699.  The director may receive funds in such amounts as he may
deem necessary to defray the initial expenses in making effective
this chapter. The director shall reimburse those persons from whom
said funds are received in the amounts received from any funds which
are received by the director pursuant to Section 64691.




64700.  The director may accept contributions to advance the
purposes of this chapter. If requested by the donor, such
contributions shall be segregated and separately maintained for the
use of the council.



64701.  Any inspector who is described in Section 20010 may accept
voluntary contributions on behalf of the director. Such contributions
may be supplementary to collections which are provided in Article 8
(commencing with Section 64691) of this chapter. Such contributions
may be in lieu of the fees specified in Article 8 (commencing with
Section 64691) if the promotion and research program is declared by
the director to be voluntary pursuant to Article 7 (commencing with
Section 64671).



64702.  The following shall apply to this chapter so long as the
federal Beef Promotion and Research Act of 1985 (7 U.S.C. Sec. 2901
et seq.) and any resulting regulations are in effect. If the federal
act is terminated by subsequent statute or in the manner specified in
the act, this fact shall be certified by the secretary and this
section shall be void and have no force and effect.
   (a) A fee shall not be collected pursuant to this chapter on the
sale of cattle or calves that originated from out of state and for
which a federal assessment was paid in the originating state in
accordance with the requirements of the federal act. When no federal
assessment on the sale was paid in the originating state, the
secretary shall ensure that any federal assessment due is paid. This
subdivision shall not prevent the collection of fees by the secretary
on subsequent sales of the cattle or calves.
   (b) No fee shall be collected on the sale of cattle or calves if
the sale is exempt from the federal act and regulations adopted
pursuant thereto.
   (c) (1) No person shall be liable for more than a total of one
dollar ($1) per head per sale of cattle or calves under this chapter
and the federal act.
   (2) This subdivision does not apply to any fee increases approved
by the secretary pursuant to Section 64691.5.