(1) Producers and handlers certified by the department must submit an annual report of their total gross sales and handling charges for all certified organic production and handling. Certified producers shall pay an annual assessment fee to the department as a percentage of gross sales of organically produced products. Certified handlers shall pay a flat annual assessment fee based on their reported level of gross sales and handling charges for all products and services included in their Organic Handling System Plans (OHSP):

(a) the annual report of all gross sales and handling charges shall be for the previous calendar year;

(b) the report and fees are due along with each operation's annual application to continue certification; and

(c) if a producer or handler chooses not to continue certification, their sales report and assessment fees are due on the anniversary date of their previous application.

(2) The assessment fee on gross sales and handling charges for production and handling certified by the department is as follows:

(a) the fee for certified producers is 1.0% of gross sales of organic crops, livestock, and products;

(b) the fee for certified handlers is:

(i) $25 for handlers whose gross sales and handling charges are less than $5,000 per year;

(ii) $50 for handlers with gross sales and handling charges of $5,000 to $20,000;

(iii) $100 for handlers with gross sales and handling charges of $20,001 to $40,000;

(iv) $200 for handlers with gross sales and handling charges of $40,001 to $100,000;

(v) $500 for handlers with gross sales and handling charges of $100,001 to $250,000;

(vi) $1,000 for handlers with gross sales and handling charges of $250,001 to $500,000;

(vii) $2,000 for handlers with gross sales and handling charges of $500,001 to $1,000,000; and

(viii) $4,000 for handlers with gross sales and handling charges of over $1,000,000.

(3) The assessment fee on gross sales for production certified by the department and one or more additional certifiers is as follows:

(a) for sales of products represented as certified by the department, the assessment fee is 1% of gross sales; and

(b) for sales of products certified by the department, but represented as certified by a certifier other than the department, the assessment fee is .5% of gross sales.

(4) The assessment fee for handlers certified by the department and one or more additional certifiers is the same as the assessment fee for handlers certified only by the department.

(5) All assessment fees are nonrefundable upon receipt.