Food and Agricultural Code, 1967

Before the referendum vote, the proponents must deposit the amount the secretary deems necessary. Unused funds must be returned, and after the commission is established it may reimburse certain deposits and related legal costs.

The commission must set the tomato marketing assessment each year by March 1 if possible, and the assessment cannot exceed the stated per-100-pound limits.

This chapter does not apply to tomatoes grown only for a producer’s home use or used only for ornamental purposes.

A person seeking an exemption from this chapter must file an affidavit with the commission stating that they are not an eligible producer or handler, and the affidavit must include any information the commission requires.

People who handle tomatoes must keep complete and accurate transaction records and keep them for three years; the records must be available for inspection on written demand by the commission or its authorized agent.

The commission and the secretary must keep proprietary information confidential and generally may not disclose it, except when a court order requires disclosure after a judicial hearing.

An assessment levied under this chapter is a personal debt of each person assessed.

The first handler of assessed tomatoes must deduct the assessment from payments to the producer and hold the assessments until they are paid to the commission as prescribed by the commission.

If a producer or handler is a corporation, its directors and officers are included as individuals for liability purposes.

If a person misses the deadline to file a return or pay an assessment, they must pay a 10% penalty to the commission plus 1.5% interest per month on the unpaid balance.

The commission may require a person who fails to pay an assessment or related charge to obtain and keep a surety bond.

A person commits a misdemeanor if they give false commission-required records, fail to provide required reports or information, or destroy/alter required records.

The commission must set up procedures so aggrieved individuals can get an informal hearing before the commission or a designated committee.

The commission may sue to collect assessments and civil penalties and seek injunctions or specific performance. Courts must issue requested attachment or injunctive relief on a prima facie showing, no bond is required from the commission, and a final judgment can lead to an injunction stopping tomato-related business until the judgment is satisfied.

Actions involving the commission must be started within two years, with the deadline running from discovery of the violation or from the complained-of act depending on who is suing.

If this chapter ends, existing or later-arising rights, duties, obligations, liabilities, violations, and the commission’s remedies are not affected.

Every five years, the secretary must hold a hearing to decide whether this chapter should continue, and may have to submit it to a reapproval referendum if a substantial question exists.