(a) Upon establishment of a disease prevention program, any handler who does not file the required monthly assessment report and assessments by the 10th day of the month following the month for which the assessment is payable shall pay a penalty of 10 percent of the assessment owed and, in addition, 11/2 percent interest per month on the unpaid balance.
(b) Upon establishment of a disease prevention program, it shall be unlawful for any handler to refuse to collect the assessments or remit the assessments and the proper reports required by this article.
(c) A handler shall not charge a producer an administrative fee for collecting or remitting an assessment.
(d) A producer who disputes the amount of the assessment may file a claim with the secretary. The producer shall prove his or her claim by a preponderance of the evidence.
(e) A producer may not bring any claim against a handler for damages, or otherwise, in connection with the assessment or the required deduction by the handler of the moneys owed to the producer as provided in this article.
(Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
Last modified: October 25, 2018