2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 3 - Certificates › Section 47021.

47021. (a) Every operator of a certified farmers’ market shall remit to the department, within 30 days after the end of each quarter, a fee equal to the number of vendors participating and selling goods under the authority and management of the certified farmers’ market operator participating on each market day for the entire previous quarter. The fee shall be two dollars ($2) for each vendor whose products were presented for sale on each market day. A certified farmers’ market operator may directly recover all or part of the fee from the participating vendors. An operator of a certified farmers’ market located in a county with a population of less than 400,000 that allows only vendors of agricultural products produced by producers on land located in the same county as the certified farmers’ market may petition the secretary for a vendor fee of one dollar ($1). The petition shall include a statement of verification of the information upon which the petition is based by the county agricultural commissioner in the county where the certified farmers’ market is located.
(b) An operator of a certified farmers’ market who fails to pay the required fee within 30 days after the end of the quarter in which it is due shall pay to the department a monthly interest charge on the unpaid balance and a late penalty charge, to be determined by the department and not to exceed the maximum amount permitted by law.
(c) All fees collected pursuant to this section shall be deposited in the Department of Food and Agriculture Fund. The money generated by the imposition of the fees shall be used, upon appropriation by the Legislature, by the department to cover the reasonable costs to carry out this chapter, including all of the following actions undertaken by the department:
(1) The coordination of the Certified Farmers’ Market Advisory Committee or any ad hoc direct marketing advisory committee.
(2) The evaluation of county enforcement actions and assistance with regard to multiple county enforcement problems.
(3) The adoption of regulations to carry out the provisions of this chapter pertaining to certified farmers’ markets.
(4) Hearings from actions taken to enforce this chapter.
(5) The maintenance of a current statewide listing of certified farmers’ markets locations.
(6) The maintenance of a current statewide listing of producers who have been certified.
(7) The dissemination to all certified farmers’ markets information regarding the suspension or revocation of any producer’s certificate and the imposition of administrative penalties.
(8) Other actions, including the maintenance of special fund reserves, that are recommended by the Certified Farmers’ Market Advisory Committee or any ad hoc direct marketing advisory committee and approved by the department for purposes of carrying out this chapter pertaining to certified farmers’ markets.
(9) Investigation and enforcement expenses, including expenses incurred by any county agricultural commissioner for actions conducted pursuant to this chapter.
(Amended by Stats. 2014, Ch. 579, Sec. 15. (AB 1871) Effective January 1, 2015.)