74785-74788

FOOD AND AGRICULTURAL CODE
SECTION 74785-74788




74785.  (a) The commission shall establish the assessment for the
following marketing year not later than April 1 of each year, or as
soon thereafter as is possible.
   (b) The assessment shall not exceed fifty dollars ($50) per
bearing acreage of grape rootstock and two cents ($0.02) per
invoicable unit of grape rootstock and grafted grape rootstock used
or distributed for commercial purposes. The commission may establish
different invoicable unit assessment rates for rootstock cuttings,
rooted rootstock cuttings, and grafted grape rootstocks, provided
that the rates do not exceed the maximum assessment authorized by
this subdivision.
   (c) A fee greater than the amount specified in subdivision (b) may
not be charged unless approved pursuant to procedures specified in
Section 74771.


74786.  Every nursery, including nurseries exempt from the payment
of assessments, shall keep a complete and accurate record of its
acreage of grape rootstock and its grape rootstock used or
distributed for commercial purposes. The records shall be in simple
form and contain information as the commission shall prescribe. The
records shall be retained by the nursery for five years and shall be
offered and submitted for inspection at any reasonable time upon
written demand of the commission or its duly authorized agent.



74787.  Any assessment which is levied pursuant to this chapter is a
personal debt of every nursery so assessed.



74788.  Any nursery that fails to file a return or pay any
assessment within the time required by the commission shall pay the
commission a penalty of 10 percent of the amount of the assessment
determined to be due and, in addition, pay 1 1/2 percent interest per
month on the unpaid balance.