A. On or before July 1 of each calendar year, the council shall assess a fee of not more than one and one-half cents per standard carton of citrus produced. For the purposes of this subsection, "standard carton" means a container or package prescribed for each kind of citrus fruit pursuant to article 2 of this chapter and rules adopted under that article.
Terms Used In Arizona Laws 3-468.04
- Citrus: means varieties of the genus citrus commercially produced in this state for the fresh market but does not include commercially produced by-products or products manufactured for resale. See Arizona Laws 3-468
- Council: means the Arizona citrus research council. See Arizona Laws 3-468
- Grower-shipper: means a person who is engaged in this state in the business of packing, shipping, transporting or selling citrus of which he is a grower, producer or owner. See Arizona Laws 3-468
- Handler: means a person who engages in marketing citrus on behalf of a grower, whether as a grower-shipper, owner, agent, employee, broker, dealer, consignor or commission merchant or otherwise. See Arizona Laws 3-468
- Producer: means a person engaged in this state in the business of commercially producing or causing citrus to be commercially produced. See Arizona Laws 3-468
- 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 grower-shipper, shipper and handler shall keep a complete and accurate record of all citrus handled by such entities and the producer. These records shall contain such information as 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.
C. Assessments shall be collected from the grower-shipper, shipper or handler first marketing the citrus being assessed. The grower-shipper, shipper or handler is a trustee of the monies until they are paid to the council pursuant to subsection B and according to procedures established pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles. A citrus producer is responsible for paying the fee unless the fee is withheld for payment by the grower-shipper, shipper or handler first marketing the citrus.
D. Before establishing the annual fee, the council shall establish a budget. The budget is effective on approval of the council.
E. Title 41, chapter 6 does not apply to setting and collecting the fee under this section, but the council shall provide thirty days’ advance notice of the meeting at which any fee will be increased and the amount of the proposed fee. The council shall receive public testimony at the meeting regarding the fee.