3-526.04. Fees; collection; budget

A. On or before July 1 of each calendar year, the council shall assess a fee of not more than one-half cent per carton of packed iceberg lettuce or bulk bins assessed according to forty-five pounds of equivalent weight of iceberg lettuce prepared for market or an equivalent basis.

B. Each grower-shipper, shipper and handler shall keep a complete and accurate record of all iceberg lettuce 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 iceberg lettuce being assessed. The grower-shipper, shipper or handler is a trustee of the monies until they are paid to the council at the time and in the manner prescribed by the council. An iceberg lettuce producer is responsible for paying the fee unless the fee is withheld for payment by the grower-shipper, shipper or handler first marketing the iceberg lettuce.

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.