Arizona Laws 3-417. Assessments; collection; budget
A. The annual assessment rate shall not exceed five per cent of the annual gross sales dollar value of the affected commodity determined by the preceding marketing season. Not more than two per cent of the annual gross sales dollar value of the affected commodity may be used to pay costs associated with administering the marketing order. Assessment rates may be set on a per carton or equivalent basis.
Terms Used In Arizona Laws 3-417
- Affected commodity: means the specific citrus, fruit or vegetable that is regulated pursuant to article 2 or 4 of this chapter and that is subject to the marketing agreement or order or the proposed marketing agreement or order. See Arizona Laws 3-401
- Affected person: means a producer or shipper of an affected commodity. See Arizona Laws 3-401
- agreement: means an agreement that is developed by producers or shippers of the affected commodity and that is entered into by the director pursuant to this article. See Arizona Laws 3-401
- commission: means the marketing commission established under section 3-413. See Arizona Laws 3-401
- committee: means a marketing committee established by a marketing agreement according to section 3-426. See Arizona Laws 3-401
- order: means an order that is developed by producers or shippers of the affected commodity and that is issued by the director pursuant to this article. See Arizona Laws 3-401
- Person: means any individual, firm, corporation, trust, association or partnership. See Arizona Laws 3-401
- Producer: means a person that has a financial interest in producing or causing citrus, fruit or vegetable commodities to be produced for market in commercial quantities. See Arizona Laws 3-401
- Shipper: means a person that engages in shipping, transporting, selling or marketing citrus, fruits or vegetables under the shipper's own registered trademark or label or a person that first markets the fruits or vegetables for the producer. See Arizona Laws 3-401
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trustee: A person or institution holding and administering property in trust.
B. Each marketing order shall state a method of collection. For the initial year, an advance deposit of not more than ten per cent of the total assessments owing may be collected from affected persons based on the preceding marketing season. If the marketing order affects producers only or if the marketing order affects both producers and shippers, the shipper shall withhold the assessments owed by the producer pursuant to the marketing order. The shipper is a trustee of the assessments until they are paid to the marketing commission. If the marketing order affects producers only, a producer is responsible for paying the assessments unless the assessments are withheld for payment by the shipper.
C. Each affected person shall keep a complete and accurate record of all of the affected commodity sold by the affected person. The records shall contain the information required to be kept for the citrus, fruit and vegetable trust fund pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles.
D. Except for the first year of operation, on or before July 1 of each year, the marketing commission or marketing committee shall set an assessment according to the maximum rate of assessment established by this article, the marketing order or marketing agreement. Before establishing the assessment rate, the commission or committee shall establish an annual budget. The budget is effective on approval of the commission or committee.
E. Title 41, chapter 6 does not apply to setting and collecting the assessment under this section, but the commission or committee shall provide fifteen days’ advance notice of the meeting at which the assessment will be adopted and the amount of the proposed assessment. The commission or committee shall receive public testimony at the meeting regarding the assessment.