Food and Agricultural Code, 1967

The secretary must use fresh weight when calculating the volume voted, and must use set conversion ratios for dry weight and seed weight.

The secretary must set a referendum period of at least 10 days and no more than 60 days, may add needed procedures, and may extend the period if the initial period is under 60 days so long as the total does not exceed 60 days.

A referendum is not invalid just because a ballot was not received.

If the secretary finds a favorable vote under Section 77312, the secretary must certify it and notify all affected producers and handlers on file.

If there is no favorable vote under Section 77312, the secretary must certify that the chapter is inoperative. The director may hold another implementation referendum at least one year after the last vote.

After the commission is certified, the secretary must contact producers and handlers and give at least 10 days’ written notice of election meetings.

After the first commission election, future commission members must be selected under nomination and election procedures set by the commission with the secretary’s concurrence.

Before the referendum vote, the commission’s proponents must deposit the amount the secretary says is needed; unused funds must be returned, and the commission may reimburse certain costs after it is established.

The commission must set the next marketing year assessment by March 1 each year or as soon after as possible, and handlers must deduct and hold producer assessments until they are paid to the commission. Higher fees cannot be charged unless approved under Section 77312.

Some small-scale pepper growers and handlers are exempt from this chapter, but if they market or handle peppers they must file an affidavit with the commission.

Pepper handlers in California must keep accurate records of peppers handled, keep them for two years, and make them available for inspection on written demand by the commission or its authorized agent.

The commission or director must keep proprietary information from producers or handlers confidential, except when a judicial proceeding requires disclosure.

An assessment levied under this chapter becomes a personal debt of each assessed producer and handler.

Handlers must pay collected assessments to the commission and remain liable even if they fail to collect them.

If a producer or handler misses a required return or assessment payment, they must pay the commission a 10% penalty and 1.5% monthly interest on the unpaid balance.

If a producer or handler is a corporation, its directors and officers are included as individuals, and they share the same liability for violations of this chapter.

Any person may not refuse, falsify, hide, destroy, or alter reports, statements, or records required by the commission; a person handling peppers must also provide specified source and quantity information to the commission or its agents.