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HomeFood and Agricultural CodeDiv. 22Pt. 2Ch. 1Art. 11§ 64308 Handler Assessment Enforcement

§ 64308 Handler Assessment Enforcement

Food and Agricultural Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 64308 Handler Assessment Enforcement

Key Takeaways

  • •If someone doesn't give the right info to figure out how much they owe, the boss (secretary) can guess the amount using other records.
  • •The boss's guess is like strong proof in court that the person owes that money.
  • •The person who owes money has to prove the boss's guess is wrong.

Example

A farmer doesn't tell the government how many apples they sold, so the government can't figure out how much the farmer owes in fees.

The government boss will guess how much the farmer owes using old records or other info. If the boss says the farmer owes $1,000, that guess is like proof in court. The farmer has to show the guess is wrong.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 64308 Handler Assessment Enforcement

If any handler does not provide the information necessary to determine the amount of assessments due, when required, the secretary shall estimate the amount due from the records of the department or from any other source of information that is available. In any action by the secretary to recover assessments pursuant to this chapter, a certificate of the secretary that shows the amount determined by the secretary to be required to be paid by the person that is required to pay the assessments is prima facie evidence of the delinquency of the amount that is shown. The presumption established by this section is a presumption affecting the burden of proof. (Amended by Stats. 2021, Ch. 371, Sec. 20. (AB 425) Effective January 1, 2022.)

Last verified: January 23, 2026

Key Terms

informationsecretaryevidencepresumptionstatement

Related Statutes

  • § 52061 Agricultural Product Inspection Certification
  • § 62568 Secretary Debt Recovery Actions
  • § 58093 Klamath Basin Market News
  • § 58783 Hearing Evidence Requirements
  • § 58962 Marketing Order Expense Reimbursement

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 64308.
View Official Source