(a) Unless exempted by this chapter, the commission shall levy the assessment on the producer if he or she does any of the following:
(1) Sells to a vintner or to a handler for processing.
(2) Contracts or otherwise arranges with a vintner for processing into wine, with the producer retaining ownership of the wine for sale other than in bottled form.
(3) Is a member of an agricultural nonprofit cooperative association for processing.
(4) Processes winegrapes that he or she has grown and that are included in the petition specified in Section 74922.1.
(b) If a producer delivers winegrapes to a vintner or handler for processing without selling them to the vintner or handler, the “weighted average producer returns per ton” by district as published in the most recent Final Grape Crush Report issued annually for the current marketing season by the department shall be used as the basis for determining the gross dollar value of the winegrapes for the purpose of determining the amount of the assessment.
(Amended by Stats. 1992, Ch. 689, Sec. 9. Effective January 1, 1993.)