(a) The commission shall, not later than October 1 of each year, establish the assessment for the marketing year beginning October 1 and ending September 30. (b) The combined assessment of the commission and any other state or federally authorized kiwifruit production research and market program shall not exceed 5 percent of the average f.o.b. (free on board) gross dollar value of the kiwifruit marketed by or on behalf of producers during the previous three marketing years, or twenty-five cents ($0.25) per seven-pound tray of kiwifruit or the equivalent thereto, whichever is less. The assessment may be computed and assessed on a per tray basis if the commission determines that an assessment on that basis would be reasonably equivalent to the assessment established by the commission pursuant to subdivision (a). (c) Expenditures for administrative purposes, as defined by the commission, within the maximum assessment shall not exceed 1 1 2 percent of the gross dollar value of kiwifruit marketed by or on behalf of producers during that marketing year.
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