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AB-2136 California Kiwifruit Commission.(1991-1992)

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Assembly Bill No. 2136
CHAPTER 213

An act to amend Section 68101 of the Food and Agricultural Code, relating to agriculture.

[ Filed with Secretary of State  July 29, 1991. Approved by Governor  July 27, 1991. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2136, Cannella. California Kiwifruit Commission.
Existing law requires the California Kiwifruit Commission to establish an assessment on kiwifruit for purposes of carrying out its activities. Existing law prohibits the combined assessment of the commission and any other state authorized kiwifruit production research and market program from exceeding 6% of the gross dollar value of the sale of kiwifruit by all producers, and establishes the method of computing this assessment.
This bill would recast and revise the provisions for establishing the assessments. The bill would limit this combined assessment to a maximum of 5% of the average F.O.B. gross dollar value of kiwifruit marketed by or on behalf of producers during the previous 3 marketing years, or 25¢ per 7-pound tray of kiwifruit, whichever is less.

The people of the State of California do enact as follows:


SECTION 1.

 Section 68101 of the Food and Agricultural Code is amended to read:

68101.
 (a)  The commission shall, not later than October 1 of each year, establish the assessment for the marketing year beginning October 1 and ending September 30.
(b)  The combined assessment of the commission and any other state authorized kiwifruit production research and market program shall not exceed 5 percent of the average F.O.B. (Free on Board) gross dollar value of the kiwifruit marketed by or on behalf of producers during the previous three marketing years, or twenty-five cents ($0.25) per seven-pound tray of kiwifruit or the equivalent thereto, whichever is less. The assessment may be computed and assessed on a per tray basis if the commission determines that an assessment on that basis would be reasonably equivalent to the assessment established by the commission pursuant to subdivision (a).
(c) Expenditures for administrative purposes, as defined by the commission, within the maximum assessment shall not exceed 1 1/2 percent of the gross dollar value of kiwifruit marketed by or on behalf of producers during that marketing year.