Food and Agricultural Code — Part 33 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 33 of 48 · provisions 6,401–6,600

This section says the act is to be known as the “Food and Agricultural Code.”

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A person may not alter a record or document filed in a commissioner’s office under this code unless the commissioner or an authorized deputy approves it. The department may establish and maintain tuberculosis control areas within this state. When the department establishes a tuberculosis control area, the affected industry must be notified. The State Veterinarian may authorize testing of cattle in a tuberculosis control area to identify animals affected with tuberculosis. Owners of cattle in a tuberculosis control area must, when the department asks, provide facilities and help for tuberculosis testing.

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Provisions of Food and Agricultural Code

Showing 200 of 9,557

  1. 66661.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 7. Suspension of Operations [66661 - 66664] ( Article 7 added by Stats. 1977, Ch. 434. )

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    The commission may recommend suspending the chapter, and the director must run a handler vote process if the stated conditions are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 7. Suspension of Operations [66661 - 66664] ( Article 7 added by Stats. 1977, Ch. 434. ) ## 66661. Upon the finding of nine of the members of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the director that the operation of this chapter be suspended. However, the suspension shall not become effective until the expiration of the fiscal year then current. The director shall, upon receipt of the recommendation, or may, after holding a public hearing to review a petition that was filed with him or her requesting the suspension, signed by 20 percent of the handlers as defined in Section 66532, cause a vote among handlers as defined in Section 66532, to determine if the operation and the operations of the commission should be suspended, and shall establish a period, which shall not be less than 30 nor more than 90 days after receipt by the director of the petition. The director may prescribe any additional procedure that may be necessary to conduct the referendum. (Amended by Stats. 1983, Ch. 555, Sec. 28.)
  2. 66662.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 7. Suspension of Operations [66661 - 66664] ( Article 7 added by Stats. 1977, Ch. 434. )

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    The director must count the ballots after the voting period, and must suspend the chapter and commission if the listed voting and quantity thresholds are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 7. Suspension of Operations [66661 - 66664] ( Article 7 added by Stats. 1977, Ch. 434. ) ## 66662. At the close of the voting period established, the director shall tabulate the ballots filed during such period. If at least 65 percent of the handlers have assented in writing for such suspension, and the handlers so voting marketed at least a majority of the total quantity of iceberg lettuce marketed in the preceding marketing season by all of the handlers who voted, or the majority of the handlers handling 65 percent of the total quantity of iceberg lettuce marketed in the preceding marketing season, the director shall declare the operation of the provisions of this chapter and of the commission suspended, effective upon expiration of the current fiscal year. (Added by Stats. 1977, Ch. 434.)
  3. 66663.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 7. Suspension of Operations [66661 - 66664] ( Article 7 added by Stats. 1977, Ch. 434. )

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    After suspension, the commission must wind up its operations and return remaining assessment money pro rata to the handlers who paid assessments in the immediately preceding current fiscal year, unless the amount is too small to make pro rata refunds practical.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 7. Suspension of Operations [66661 - 66664] ( Article 7 added by Stats. 1977, Ch. 434. ) ## 66663. After the effective date of suspension of the operation of the provisions of this chapter and of the commission, as provided in Section 66662, the operations of the commission shall be wound up and any moneys remaining held by the commission, collected by assessment and not required to defray the expenses of winding up and terminating operations of the commission, shall be returned upon a pro rata basis to all handlers from whom assessments were collected in the immediately preceding current fiscal year. However, if the commission finds that the amounts so returnable are so de minimis as to make impractical the computation and remitting of such pro rata refund to such handlers, any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into the State Treasury as unclaimed trust moneys. (Amended by Stats. 2004, Ch. 183, Sec. 127. Effective January 1, 2005.)
  4. 66664.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 7. Suspension of Operations [66661 - 66664] ( Article 7 added by Stats. 1977, Ch. 434. )

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    If the chapter and commission are suspended, the director must post, publish, and mail a notice of suspension.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 7. Suspension of Operations [66661 - 66664] ( Article 7 added by Stats. 1977, Ch. 434. ) ## 66664. Upon suspension of the operation of this chapter and of the commission, as provided in Sections 66662 and 66663, a notice thereof shall be posted on a public bulletin board to be maintained by the director in his or her office, and a copy of such notice shall be published in a newspaper of general circulation in each district. The director shall also mail a copy of the notice of suspension to any producers, shippers, and handlers affected by such suspension whose names and addresses are on file with the commission. (Added by Stats. 1977, Ch. 434.)
  5. 66681.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 8. Miscellaneous [66681 - 66684] ( Article 8 added by Stats. 1977, Ch. 434. )

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    This chapter does not apply to orders, rules, or regulations of the Public Utilities Commission or the Interstate Commerce Commission about common carriers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 8. Miscellaneous [66681 - 66684] ( Article 8 added by Stats. 1977, Ch. 434. ) ## 66681. Nothing in this chapter shall apply to any order, rule, or regulation issued or issuable by the Public Utilities Commission or the Interstate Commerce Commission with respect to the operation of common carriers. (Amended by Stats. 1979, Ch. 373.)
  6. 66682.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 8. Miscellaneous [66681 - 66684] ( Article 8 added by Stats. 1977, Ch. 434. )

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    If conduct complied with this chapter and its commission rules and furthered the chapter’s purposes, that proof is a complete defense in certain antitrust-related civil or criminal proceedings.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 8. Miscellaneous [66681 - 66684] ( Article 8 added by Stats. 1977, Ch. 434. ) ## 66682. In any civil or criminal action or proceeding for violation of the so-called Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or any rule of statutory or common law against monopolies or combinations in restraint of trade, proof that the act complained of was done in compliance with this chapter, or a rule or regulation of the commission issued pursuant thereto, and in furtherance of purposes and provisions thereof, shall be a complete defense to the action or proceeding. (Amended by Stats. 1983, Ch. 555, Sec. 29.)
  7. 66683.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 8. Miscellaneous [66681 - 66684] ( Article 8 added by Stats. 1977, Ch. 434. )

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    The commission must reimburse the director for expenses the director incurs in carrying out duties and responsibilities under this chapter, except for expenses tied to action under Section 66561.4.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 8. Miscellaneous [66681 - 66684] ( Article 8 added by Stats. 1977, Ch. 434. ) ## 66683. The commission shall reimburse to the director all expenses incurred by the director in carrying out his duties and responsibilities under this chapter, except for the expenses incurred for any action under Section 66561.4. (Added by Stats. 1977, Ch. 434.)
  8. 66684.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 8. Miscellaneous [66681 - 66684] ( Article 8 added by Stats. 1977, Ch. 434. )

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    This chapter must be interpreted liberally, and if any part is held unconstitutional or invalid, the rest of the chapter still applies.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 8. Miscellaneous [66681 - 66684] ( Article 8 added by Stats. 1977, Ch. 434. ) ## 66684. This chapter shall be liberally construed. If any section, clause, or part of this chapter is for any reason held to be unconstitutional or invalid as applied to any person or as applied under certain circumstances, such decision shall not affect the remaining portions of this chapter nor the application of this chapter to any other persons or under any other circumstances. (Added by Stats. 1977, Ch. 434.)
  9. 66701.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 9. Continuation [66701- 66701.] ( Article 9 added by Stats. 1977, Ch. 434. )

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    The director must hold a vote among handlers every fifth year, from January 1 to March 31, to decide whether the chapter stays in effect.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 4. California Iceberg Lettuce Commission [66501 - 66701] ( Chapter 4 added by Stats. 1977, Ch. 434. ) ## ARTICLE 9. Continuation [66701- 66701.] ( Article 9 added by Stats. 1977, Ch. 434. ) ## 66701. Between January 1 and March 31 of each fifth calendar year commencing with the year 1982, the director shall cause a vote to be conducted among handlers, as defined in Section 66532, in the manner prescribed in Section 66601 to determine whether the operations of this chapter shall be reapproved and continued effective. If a favorable vote has been given, the director shall so certify and announce to the commission and all provisions of this chapter shall remain in effect. If the director finds that a favorable vote has not been given, he or she shall certify and announce that fact to the commission, and he or she shall declare the operation of this chapter and the commission suspended upon the expiration of the current fiscal year ending March 31. Thereupon, the operations of the commission shall be wound up and funds distributed in the manner provided in Sections 66663 and 66664. No bond or security is required for any referendum. (Amended by Stats. 1983, Ch. 555, Sec. 30.)
  10. 67001.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 1. Declaration and General Provisions [67001 - 67006] ( Article 1 added by Stats. 1977, Ch. 569. )

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    This provision states that avocados produced in California are a principal tree fruit crop and that the avocado industry is expanding and provides many jobs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 1. Declaration and General Provisions [67001 - 67006] ( Article 1 added by Stats. 1977, Ch. 569. ) ## 67001. Avocados produced in this state constitute one of the state’s principal tree fruit crops. The avocado industry in this state is expanding. The industry constitutes an important source of jobs for many people in the state, a high proportion of whom are from underprivileged and historically deprived segments of the population. (Added by Stats. 1977, Ch. 569.)
  11. 67002.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 1. Declaration and General Provisions [67001 - 67006] ( Article 1 added by Stats. 1977, Ch. 569. )

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    The section says the avocado industry has room to grow by creating new markets, and that expansion depends on effective advertising, promotion, and public information.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 1. Declaration and General Provisions [67001 - 67006] ( Article 1 added by Stats. 1977, Ch. 569. ) ## 67002. Opportunity exists for continued growth and expansion of the industry, by creating new markets. The success of an expansion program is uniquely dependent upon effective advertising, promotion, and collection and dissemination of public information, since the creation of new markets is essentially a matter of educating and informing people of the use, nutritional value, and availability of avocados. (Amended by Stats. 2015, Ch. 307, Sec. 1. (AB 958) Effective January 1, 2016.)
  12. 67003.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 1. Declaration and General Provisions [67001 - 67006] ( Article 1 added by Stats. 1977, Ch. 569. )

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    This section states that establishing the commission is necessary for developing and managing an advertising program for California avocados.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 1. Declaration and General Provisions [67001 - 67006] ( Article 1 added by Stats. 1977, Ch. 569. ) ## 67003. The establishment of a commission is imperative for the efficient development and management of a national and international advertising program which will ensure that the California avocado industry can compete successfully in the marketplace and increase revenues to avocado producers. (Amended by Stats. 2002, Ch. 946, Sec. 3. Effective January 1, 2003.)
  13. 67004.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 1. Declaration and General Provisions [67001 - 67006] ( Article 1 added by Stats. 1977, Ch. 569. )

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    Avocados produced in California are declared to be affected with public interest, and this chapter is enacted under the state's police power to protect health, peace, safety, and general welfare.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 1. Declaration and General Provisions [67001 - 67006] ( Article 1 added by Stats. 1977, Ch. 569. ) ## 67004. The production and marketing of avocados produced in this state is hereby declared to be affected with public interest. The provisions of this chapter are enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (Added by Stats. 1977, Ch. 569.)
  14. 67005.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 1. Declaration and General Provisions [67001 - 67006] ( Article 1 added by Stats. 1977, Ch. 569. )

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    The commission form of administration for this chapter is described as a way for avocado producers to jointly pursue advertising, promotion, research, standards, statistics, and public education benefits.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 1. Declaration and General Provisions [67001 - 67006] ( Article 1 added by Stats. 1977, Ch. 569. ) ## 67005. The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of avocados the opportunity to avail themselves of the benefits of collective action in the broad fields of advertising; promotion; production, nutrition, and marketing research; quality and maturity standards; the collection and dissemination of crop volume and related statistics; and public education. (Amended by Stats. 2002, Ch. 946, Sec. 4. Effective January 1, 2003.)
  15. 67006.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 1. Declaration and General Provisions [67001 - 67006] ( Article 1 added by Stats. 1977, Ch. 569. )

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    Actions taken by the commission, or by a person following this chapter or its rules, are not violations of certain California competition and unfair-practices laws.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 1. Declaration and General Provisions [67001 - 67006] ( Article 1 added by Stats. 1977, Ch. 569. ) ## 67006. No action taken by the commission, or by any person in accordance with this chapter or with rules or regulations adopted under this chapter, is a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of that Part 2), or any statutory or common law against monopolies or combinations in restraint of trade. (Amended by Stats. 2002, Ch. 946, Sec. 5. Effective January 1, 2003.)
  16. 6701.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6701- 6701.] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may publish a pamphlet listing licensed persons and may add other enforcement-related information about nursery stock.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6701- 6701.] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6701. The director may publish in pamphlet form, as often as he deems necessary, a list of all persons that are licensed pursuant to this chapter. The pamphlet may also contain such additional information as the director deems advisable concerning the enforcement of laws and regulations which pertain to nursery stock. (Enacted by Stats. 1967, Ch. 15.)
  17. 67021.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The definitions in this article control how this chapter is interpreted, unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. ) ## 67021. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1977, Ch. 569.)
  18. 67022.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    This section defines “avocado” for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. ) ## 67022. “Avocado” means any variety of avocado produced in the state, including any avocado delivered to a processor for processing into any avocado product. (Added by Stats. 1977, Ch. 569.)
  19. 67023.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    This section defines “books and records” for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. ) ## 67023. “Books and records” mean books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to the provisions of this chapter. (Amended by Stats. 1979, Ch. 373.)
  20. 67025.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    This section defines “Commission” as the California Avocado Commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. ) ## 67025. “Commission” means the California Avocado Commission. (Added by Stats. 1977, Ch. 569.)
  21. 67026.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    “Ex officio members” means nonvoting members of the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. ) ## 67026. “Ex officio members” means nonvoting members of the commission. (Added by Stats. 2025, Ch. 188, Sec. 5. (AB 1322) Effective January 1, 2026.)
  22. 67028.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    This section defines “handler” for avocados and lists who is included or excluded.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. ) ## 67028. (a) (1) “Handler” means any person who engages, in this state, in the operation of selling, marketing, or distributing avocados which he or she has produced or purchased or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. (2) “Handler” also includes any person engaged as a processor in the business of processing avocados. (b) When the handler is a corporation or a limited liability company, all of the directors, officers, managers, and members of the corporation or limited liability company in their capacity as individuals shall be included, and any liability for failure to collect or make payment of assessments to which a corporate handler or a handler that is a limited liability company may be subject pursuant to this chapter shall include identical liability upon each individual director, officer, manager, or member of the corporation or limited liability company. (c) (1) “Handler” does not include a cooperative bargaining association that recommends that its members market their avocados through specified handlers and which otherwise is not involved in the sale of avocados. (2) “Handler” also does not include a retailer, except for a retailer who purchases or acquires from any producer, or handles on behalf of any producer, avocados which were not previously subjected to regulation by the commission. (Amended by Stats. 2002, Ch. 946, Sec. 9. Effective January 1, 2003.)
  23. 67030.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    This section defines “handle” as engaging in the business of a handler.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. ) ## 67030. “Handle” means to engage in the business of a handler. (Amended by Stats. 2002, Ch. 946, Sec. 10. Effective January 1, 2003.)
  24. 67034.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    This section defines “marketing research” as research relating to the sale or inventory of avocados.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. ) ## 67034. “Marketing research” means any research relating to the sale or inventory of avocados. (Amended by Stats. 1983, Ch. 1279, Sec. 4.)
  25. 67035.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    This section defines “marketing season” or “fiscal year” as the period from November 1 through the last day of October of the following year.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. ) ## 67035. “Marketing season” or “fiscal year” means the period beginning November 1 of any year and extending through the last day of October of the following year. (Added by Stats. 1977, Ch. 569.)
  26. 67036.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    “Person” includes an individual, partnership, corporation, limited liability company, or other business entity.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. ) ## 67036.5. “Person” means an individual, partnership, corporation, limited liability company, or other business entity. (Amended by Stats. 2002, Ch. 946, Sec. 16. Effective January 1, 2003.)
  27. 67037.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    “Processor” means a person engaged in certain avocado-related activities within this state.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. ) ## 67037. “Processor” means any person engaged, within this state, in any of the activities with respect to avocados as set forth in Section 58619. (Added by Stats. 1977, Ch. 569.)
  28. 67038.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    “Process” means engaging in the business of a processor.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. ) ## 67038. “Process” means to engage in the business of a processor. (Added by Stats. 1977, Ch. 569.)
  29. 67039.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    “Producer” or “grower” means a person engaged in California in producing, or causing to be produced, avocados for market, but it excludes persons averaging under 10,000 pounds of avocados in the three preceding marketing years.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. ) ## 67039. “Producer” or “grower” means any person who is engaged within this state in the business of producing, or causing to be produced, avocados for market. “Producer” or “grower” does not include any person who has an average annual production of less than 10,000 pounds of avocados in the three preceding marketing years. (Amended by Stats. 2016, Ch. 451, Sec. 4. (AB 1976) Effective January 1, 2017.)
  30. 67040.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    “Production research” means research about producing avocados, but not marketing research.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. ) ## 67040. “Production research” means any research related to the production of avocados other than marketing research. (Added by Stats. 1977, Ch. 569.)
  31. 67040.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    “Secretary” means the Secretary of the Department of Food and Agriculture.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2. Definitions [67021 - 67040.5] ( Article 2 added by Stats. 1977, Ch. 569. ) ## 67040.5. “Secretary” means the Secretary of the Department of Food and Agriculture. (Added by Stats. 2002, Ch. 946, Sec. 18. Effective January 1, 2003.)
  32. 67041.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2.5. Districts [67041 - 67042] ( Article 2.5 added by Stats. 1980, Ch. 721. )

    Verify source ↗

    The commission must create at least three and no more than five districts within the state, each roughly matching the same share of California avocado production.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2.5. Districts [67041 - 67042] ( Article 2.5 added by Stats. 1980, Ch. 721. ) ## 67041. The commission shall establish no fewer than three districts and no more than five districts within the state, each representing approximately the same percentage of avocado production in California. (Amended by Stats. 2015, Ch. 307, Sec. 2. (AB 958) Effective January 1, 2016.)
  33. 67042.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2.5. Districts [67041 - 67042] ( Article 2.5 added by Stats. 1980, Ch. 721. )

    Verify source ↗

    Districts must be reapportioned every fifth year, starting in the 2000–01 marketing season, under redistricting procedures adopted by a two-thirds vote of the commission and concurred in by the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 2.5. Districts [67041 - 67042] ( Article 2.5 added by Stats. 1980, Ch. 721. ) ## 67042. Beginning in the 2000–01 marketing season, districts shall be reapportioned every fifth year in accordance with redistricting procedures adopted by a two-thirds vote of the commission and concurred in by the secretary. (Amended by Stats. 2015, Ch. 307, Sec. 3. (AB 958) Effective January 1, 2016.)
  34. 67051.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    This section creates the California Avocado Commission and sets out how its members are selected.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67051. (a) There is in the state government the California Avocado Commission. (b) The commission shall be composed of the following members: (1) (A) If the commission consists of three districts, nine producers who are not handlers, three elected from each district. (B) If the commission consists of four districts, eight producers who are not handlers, two elected from each district. (C) If the commission consists of five districts, 10 producers who are not handlers, two elected from each district. (2) Two avocado handlers elected on a statewide basis. (3) One public member who shall be appointed to the commission by the secretary from nominees recommended by the commission. (4) The secretary who shall be a nonvoting ex officio member of the commission. (Amended by Stats. 2016, Ch. 451, Sec. 5. (AB 1976) Effective January 1, 2017.)
  35. 67051.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The secretary may require the commission to stop or correct activities that are not in the public interest or violate the chapter, and may suspend activities if the commission does not comply.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67051.5. The secretary may require the commission to correct or cease any activity or function which is determined by the secretary not to be in the public interest or is in violation of this chapter. If the commission refuses or fails to cease the activities or functions or to make corrections as required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities of the commission until the time that the cessation or correction of activities or functions as required by the secretary have been accomplished. Any written notice, to cease any activity which is the subject of a contract of the commission entered into by the commission prior to the notice, shall not be effective until after the period of notice for termination provided in the contract or 120 days, whichever is shorter. Upon service of the written notice, the secretary shall notify the commission in writing, of the specific acts which he or she determines are not in the public interest or are in violation of this chapter. (Amended by Stats. 2002, Ch. 946, Sec. 26. Effective January 1, 2003.)
  36. 67051.6.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The commission or the secretary may seek judicial relief in court, and the court may grant a temporary restraining order, permanent injunction, or other appropriate relief.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67051.6. Either the commission or the secretary may bring an action for judicial relief in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or other applicable relief. (Amended by Stats. 2002, Ch. 946, Sec. 27. Effective January 1, 2003.)
  37. 67052.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    Each district must have one alternate producer member, and that alternate serves for an absent producer member from the same district.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67052. (a) Each district shall have one alternate producer member, to be elected in the same manner as producer members. (b) The alternate producer member shall, in the absence of a producer member from the same district, serve in place of the absent producer member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the producer member when serving on the commission. (Amended by Stats. 2025, Ch. 188, Sec. 6. (AB 1322) Effective January 1, 2026.)
  38. 67052.3.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    One alternate handler member must be elected, and that person may replace an absent handler member on the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67052.3. (a) There shall be one alternate handler member to be elected in the same manner as the handler members. (b) The alternate handler member shall, in the absence of a handler member, sit in place of the absent handler member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the handler member when sitting on the commission. (Amended by Stats. 2016, Ch. 451, Sec. 8. (AB 1976) Effective January 1, 2017.)
  39. 67052.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The secretary appoints one alternate public member from commission nominees, and that alternate serves when the public member is absent.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67052.5. (a) There shall be one alternate public member who shall be appointed by the secretary from nominees recommended by the commission. (b) The alternate public member shall, in the absence of the public member, serve in place of the absent public member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the public member when serving on the commission. (Amended by Stats. 2025, Ch. 188, Sec. 7. (AB 1322) Effective January 1, 2026.)
  40. 67053.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    If a commission seat becomes vacant, the commission must fill it by majority vote, and the replacement must meet the article’s qualifications.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67053. (a) Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate member to continue in his or her position due to a change in status making him or her ineligible to serve, or through death, removal, or resignation, shall be filled, for the unexpired portion of the term, by a majority vote of the commission. (b) Any person filling a vacant member or alternate member position shall meet all the qualifications set forth in this article as required for the member whose office he or she is to fill. (Amended by Stats. 2016, Ch. 451, Sec. 9. (AB 1976) Effective January 1, 2017.)
  41. 67054.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    Commission members must meet specific avocado-industry financial-interest requirements, handlers must meet a 1% volume threshold, and public members may not have any financial interest in the avocado industry.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67054. (a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial interest in the production of avocados within the district in which the producer stands for election. (b) A producer may stand for election in any district in which the producer has a financial interest in the production of avocados. (c) Handler members and the alternate handler members shall have a financial interest in handling avocados for markets. To be nominated and elected, a handler or alternate handler shall handle no less than 1 percent of the total industry volume of avocados in the preceding marketing year. A handler elected to the commission pursuant to this section shall be required to maintain their eligibility under this section during their entire term of office. (d) The public member and alternate member shall not have any financial interest in the avocado industry. Except for the nomination of another public member, the public member and their alternate member on the commission shall have all the powers, rights, and privileges of any other member on the commission. (Amended by Stats. 2025, Ch. 188, Sec. 8. (AB 1322) Effective January 1, 2026.)
  42. 67055.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    Commission members and alternate members generally serve two-year terms, except the ex officio member, and their service is limited to four consecutive terms.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67055. (a) Except as specified in subdivision (b), the term of office of all members and alternate members, except the ex officio member, shall be for two years from the date of their election or appointment and until their successors are qualified. (b) Of the first members of the commission from each district, one shall serve for one year, and the remaining member or members shall serve for two years, with the determination of the term of each member to be made by lot. Subsequent to the election of the first members from each district, the terms of the members shall continue to be staggered, as provided in this subdivision. (c) Terms of office of each member and alternate member shall be limited to four consecutive terms. (Amended by Stats. 2015, Ch. 307, Sec. 12. (AB 958) Effective January 1, 2016.)
  43. 67056.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The commission has power to sue and be sued, and to contract and be contracted with.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67056. The commission shall have the power to sue and be sued and to contract and be contracted with. Copies of its proceedings, records, and acts, when certified by an officer, are admissible in evidence in all courts of the state, and are prima facie evidence of the truth of all statements therein. (Amended by Stats. 2015, Ch. 307, Sec. 13. (AB 958) Effective January 1, 2016.)
  44. 67057.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The commission may appoint its own officers, including a chair, vice chair, and other necessary officers, and may delegate powers and duties to them.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67057. The commission may appoint its own officers, including a chair, one or more vice chair, and other officers it deems necessary. The officers shall have the powers and duties as may be delegated to them by the commission. (Amended by Stats. 2025, Ch. 188, Sec. 9. (AB 1322) Effective January 1, 2026.)
  45. 67058.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The commission may appoint committees made up of members and nonmembers to advise it in carrying out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67058. The commission shall have the power to appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter. (Amended by Stats. 2002, Ch. 946, Sec. 35. Effective January 1, 2003.)
  46. 67059.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The commission has a quorum when enough voting members are present, and a majority of members present at a quorum meeting is enough to act for the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67059. Unless otherwise specified, a quorum of the commission shall be any nine voting members if the commission consists of three or four districts and any 10 voting members if the commission consists of five districts. The vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the commission. (Amended by Stats. 2016, Ch. 451, Sec. 11. (AB 1976) Effective January 1, 2017.)
  47. 67059.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The secretary or the secretary’s representatives may attend each meeting of the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67059.5. The secretary or the secretary’s representatives shall be notified and may attend each meeting of the commission. (Amended by Stats. 2025, Ch. 188, Sec. 10. (AB 1322) Effective January 1, 2026.)
  48. 67060.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    Certain nonmember commission participants may not receive a salary, but they may be paid up to $100 per day plus approved travel and meal allowances.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67060. A member, alternate member, or member of a committee who is a nonmember of the commission shall not receive a salary, but may receive a sum of not to exceed one hundred dollars ($100) per day, as established by the commission, for each day spent in actual attendance at or in traveling to and from meetings of the commission or committees of the commission, or on authorized assignment for the commission, together with the necessary traveling expenses and meal allowances, as approved by the commission. (Amended by Stats. 2015, Ch. 307, Sec. 15. (AB 958) Effective January 1, 2016.)
  49. 67061.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    Money received from avocado commission assessments must be deposited in commission-designated financial institutions and disbursed only by commission order. Anyone handling those funds must also be covered by a fidelity bond of at least $500,000.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67061. All moneys received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited in such financial institutions as the commission may designate and shall be disbursed by order of the commission through a member, officer, or employee designated for that purpose. Any such person shall be bonded by a fidelity bond, executed by a surety company authorized to transact business as such in the State of California, in favor of the commission, conditioned upon the strict accounting of all funds of the commission in the penal sum of not less than five hundred thousand dollars ($500,000). (Amended by Stats. 2002, Ch. 946, Sec. 39. Effective January 1, 2003.)
  50. 67062.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    This section limits liability for the state, commission members, alternate members, employees, and agents.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 3. The California Avocado Commission [67051 - 67062] ( Article 3 added by Stats. 1977, Ch. 569. ) ## 67062. The state is not liable for the acts of the commission or its contracts, except for state-directed supervision of the avocado inspection program, as specified in Chapter 9 (commencing with Section 44971) of Division 17, which is performed under an agreement that specifies that each of the parties shall be responsible and liable for that party’s decisions made pursuant to the agreement, and that each of the parties shall not be held liable by the other party for the decisions made pursuant to the agreement. Payment of all claims arising by reason of the administration of this chapter or acts of the commission shall be limited to the funds collected by the commission. A member of the commission or alternate member, or any employee or agent thereof, shall not be personally liable on the contracts of the commission nor shall a member, alternate member, or employee of the commission be responsible individually in any way to a producer or handler or any other person for error in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, or employee, except for their own individual acts of dishonesty or crime. A member or alternate member shall not be held responsible individually for any act or omission of any member of the commission. The liability of the members and alternate members shall be several and not joint, and a member or alternate member shall not be liable for the default of any other members or alternate members. (Amended by Stats. 2025, Ch. 188, Sec. 11. (AB 1322) Effective January 1, 2026.)
  51. 67081.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 4. Voting Procedures [67081 - 67082] ( Article 4 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The secretary must keep a district-by-district producer list and require handlers to provide producer and avocado-handling details in writing within 60 days of the request.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 4. Voting Procedures [67081 - 67082] ( Article 4 added by Stats. 1977, Ch. 569. ) ## 67081. (a) The secretary shall establish a list of producers in each district. In establishing the lists, the secretary shall require that handlers in the state submit the names, mailing addresses, grove location, and handled volume of each producer from whom they purchased or handled avocados in the preceding marketing season. The request for information from handlers shall be in writing and shall be filed by the handlers within 60 days following receipt of the written request. (b) Any producer of avocados whose name does not appear upon the secretary’s list of producers may have his or her name established on the list by filing with the commission a signed statement, identifying himself or herself as a producer. Failure to be on the list does not exempt the producer from paying assessments under this chapter. (Amended by Stats. 2016, Ch. 451, Sec. 12. (AB 1976) Effective January 1, 2017.)
  52. 67082.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 4. Voting Procedures [67081 - 67082] ( Article 4 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    Commission election selections must follow nomination and election procedures adopted by the commission and concurred in by the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 4. Voting Procedures [67081 - 67082] ( Article 4 added by Stats. 1977, Ch. 569. ) ## 67082. Persons to be elected to the commission shall be selected pursuant to nomination and election procedures adopted by the commission and concurred in by the secretary. (Amended by Stats. 2025, Ch. 188, Sec. 12. (AB 1322) Effective January 1, 2026.)
  53. 67091.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 5. Duties and Powers of the Commission [67091 - 67095] ( Article 5 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The commission has broad power to run the chapter, manage its operations, promote avocados, require producer information, and audit or report on its activities.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 5. Duties and Powers of the Commission [67091 - 67095] ( Article 5 added by Stats. 1977, Ch. 569. ) ## 67091. The powers and duties of the commission include, but are not limited to, all of the following: (a) Adopt and, from time to time, alter, rescind, modify, and amend all proper and necessary procedures to carry out this chapter and in the exercise of its powers and the performance of its duties, including the adoption of procedures to regulate appeals from any action of the commission. (b) Administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with or deemed reasonably necessary, proper, or advisable to effectuate the purposes of this chapter. (c) Employ a person, to serve, at the pleasure of the commission, as president and chief executive officer of the commission and other personnel, including legal counsel. (d) Establish offices, incur expenses, enter into any and all contracts and agreements, and create liabilities and borrow funds in advance of receipt of assessments that may be necessary, at the discretion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties. (e) Keep accurate books, records, and accounts of all of its dealings, which books, records, and accounts are subject to an annual independent audit by an auditing firm approved by the secretary. The independent audit shall be made a part of an annual report to all producers and handlers of avocados, copies of which shall also be submitted to the Legislature. In addition, the secretary may, as the secretary determines necessary, conduct, or cause to be conducted, a fiscal and compliance audit of the commission. (f) Promote the sale of avocados by advertising and other promotional means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for avocados and to educate and instruct the public with respect to avocados and the uses of the several varieties and the healthful properties and nutritional value of avocados. (g) Enter into cost-sharing advertising with other products considered, by the commission, to be fair and equitable to both parties. (h) Educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling avocados; arrange for the performance of dealer service work providing display and other promotional materials; make market and inventory surveys and analyses; present facts to and negotiate with state, federal, and foreign agencies on matters which affect the avocado industry; and undertake any other activities that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new markets for avocados. (i) Make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts or agreements that the commission may deem necessary for the promotion of the sale of avocados. (j) Conduct and contract with others to conduct scientific research, including the study, analysis, dissemination, and accumulation of information obtained from the research or elsewhere respecting the inventory, marketing, and distribution of avocados. The results of any research conducted by or on behalf of the commission may be used by the commission in any way it deems appropriate, and notwithstanding any other law, may be maintained in confidence by the commission and not disseminated to any person not subject to this chapter. (k) Accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or to local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California avocado industry. (l) Publish and distribute without charge, a bulletin or other communication for dissemination of information relating to inventory, marketing, and other information of value to the commission and the avocado industry to producers, handlers, and the public. (m) Establish an assessment rate to defray operating costs of the commission. (n) Establish an annual budget. (o) Investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations of this chapter. (p) Carry out the requirements prescribed in Chapter 9 (commencing with Section 44971) of Division 17. (q) To provide to the secretary, on a quarterly basis, a summary of the programs, activities, and costs under review for the next marketing season. (r) Require producers to provide information as determined by the commission pertaining to the locations at which avocados are produced and the annual volume of avocados produced at each location. The information shall be provided in a time and manner prescribed by the commission and shall be subject to the confidentiality provisions of Section 67104. (s) Use information provided to the commission for purposes of food safety, communications, reapportionment of districts, the conduct of elections and referenda, and any other matters related to the activities of the commission. (Amended by Stats. 2025, Ch. 188, Sec. 13. (AB 1322) Effective January 1, 2026.)
  54. 67094.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 5. Duties and Powers of the Commission [67091 - 67095] ( Article 5 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The commission must collect and share avocado market price information with interested persons, but it must keep handlers’ identities and reported information confidential except for certain aggregate data.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 5. Duties and Powers of the Commission [67091 - 67095] ( Article 5 added by Stats. 1977, Ch. 569. ) ## 67094. (a) To prevent unfair trade practices which are detrimental to California’s avocado industry, including, but not limited to, deception and misinformation, the commission shall collect and disseminate to any and all interested persons, handler f.o.b., market price information based on sales which have occurred. (b) The identity of each handler reporting information and the information reported under this section shall be kept confidential and not made public under any circumstances. Information that gives industry totals, averages, and other similar data may be disclosed by the commission. (c) The procedure for the collection and dissemination of the information pursuant to this section shall be approved by the secretary. (Amended by Stats. 2002, Ch. 946, Sec. 46. Effective January 1, 2003.)
  55. 67095.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 5. Duties and Powers of the Commission [67091 - 67095] ( Article 5 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The California Avocado Commission may decide by February 1 each year whether to use its Chapter 9 authority in the next marketing season.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 5. Duties and Powers of the Commission [67091 - 67095] ( Article 5 added by Stats. 1977, Ch. 569. ) ## 67095. In order to avoid excessive administrative charges which adversely impact avocado producers, handlers, and consumers, the commission may decide, not later than February 1 of any year, to exercise its authority prescribed in Chapter 9 (commencing with Section 44971) of Division 17 during the next succeeding marketing season. (Added by Stats. 1985, Ch. 953, Sec. 10. Effective September 26, 1985.)
  56. 67101.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 6. Assessments and Records [67101 - 67107] ( Article 6 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The commission must set an annual avocado assessment by November 1, and the rate cannot exceed 6.5% of sales value. Handlers must deduct the assessment and hold the funds in trust until they pay the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 6. Assessments and Records [67101 - 67107] ( Article 6 added by Stats. 1977, Ch. 569. ) ## 67101. (a) The commission shall, not later than November 1 of each year, establish the assessment as a fixed rate or percentage of value for the following marketing season beginning November 1, and ending October 31. The assessment shall not exceed 61/2 percent of the gross dollar value of the year’s sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Expenditures for administrative purposes within the maximum assessment shall not exceed 21/2 percent of the gross dollar value of sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Assessments provided for in this section shall be upon the producer. The handler shall deduct that assessment from either amounts paid to the producer or amounts retained by the handler if the handler is also the producer, and the handler shall be a trustee of those funds until they are paid to the commission at the time and in the manner prescribed by the commission. (b) The combined assessment of the commission and any state marketing order shall not exceed 61/2 percent of the gross value of the year’s sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. (Amended by Stats. 2025, Ch. 188, Sec. 14. (AB 1322) Effective January 1, 2026.)
  57. 67102.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 6. Assessments and Records [67101 - 67107] ( Article 6 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    This chapter does not apply to certain avocado producers using trees only for home noncommercial use or ornamentals. Eligible producers may apply for a refund of assessment payments, and the commission must refund them if noncommercial production is shown to the commission’s satisfaction.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 6. Assessments and Records [67101 - 67107] ( Article 6 added by Stats. 1977, Ch. 569. ) ## 67102. This chapter does not apply to producers who produce avocados on a noncommercial basis for the producer’s home use or where the avocado trees are used only for ornamental purposes. Producers from whom assessments are collected may apply for the refund of assessment payments following the close of any marketing season in which payments have been made, and the commission shall refund assessment payments if the producer demonstrates to the satisfaction of the commission that the avocados were produced for noncommercial purposes. (Amended by Stats. 2002, Ch. 946, Sec. 48. Effective January 1, 2003.)
  58. 67103.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 6. Assessments and Records [67101 - 67107] ( Article 6 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    Handlers must keep accurate avocado shipment records, keep them for two years, and provide them for inspection when the commission asks in writing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 6. Assessments and Records [67101 - 67107] ( Article 6 added by Stats. 1977, Ch. 569. ) ## 67103. Handlers shall keep a complete and accurate record of all avocados shipped by him or her and the name of the producer whose avocados were shipped. The records shall be in simple form and contain such information as the commission shall prescribe. The records shall be preserved by the handler for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. (Amended by Stats. 2002, Ch. 946, Sec. 49. Effective January 1, 2003.)
  59. 67104.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 6. Assessments and Records [67101 - 67107] ( Article 6 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    Certain proprietary information held by the commission or secretary from handlers must be kept confidential and not disclosed, except when a court order requires disclosure in a judicial proceeding under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 6. Assessments and Records [67101 - 67107] ( Article 6 added by Stats. 1977, Ch. 569. ) ## 67104. All the proprietary information obtained by the commission or the secretary from handlers, including, but not limited to, the names and addresses of producers, is confidential and shall not be disclosed except when required by a court order in a judicial proceeding involving this chapter. Information on volume shipments, inventory, crop value, and any other information which is required for reports to governmental agencies and the commission, and other information which the handlers request from the commission that gives only totals, excluding individual handler information, may be disclosed by the commission so long as the information excludes individual handler data which shall be kept confidential as provided in this section. (Amended by Stats. 2002, Ch. 946, Sec. 50. Effective January 1, 2003.)
  60. 67105.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 6. Assessments and Records [67101 - 67107] ( Article 6 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The first handler of avocados must pay assessments to the commission and remains personally liable even if the handler does not collect from a producer. Late filing or late payment triggers a 10% penalty and 1.5% monthly interest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 6. Assessments and Records [67101 - 67107] ( Article 6 added by Stats. 1977, Ch. 569. ) ## 67105. All assessments shall be paid to the commission by the handler first handling avocados who shall be primarily and personally liable for the payment of the assessment. Failure of the handler to collect the assessment from any producer shall not exempt the handler from that primary liability. Any producer or handler subject to this section who fails to file a return or pay any assessment within the time required shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, 11/2-percent interest per month on the unpaid balance. (Amended by Stats. 2002, Ch. 946, Sec. 51. Effective January 1, 2003.)
  61. 67107.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 6. Assessments and Records [67101 - 67107] ( Article 6 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The commission must reimburse the secretary for expenses the secretary incurs while carrying out duties under this chapter, except expenses for actions under Section 67051.6.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 6. Assessments and Records [67101 - 67107] ( Article 6 added by Stats. 1977, Ch. 569. ) ## 67107. The commission shall reimburse the secretary for all expenditures incurred by the secretary carrying out his or her duties and responsibilities under this chapter, except for the expenses incurred for any action under Section 67051.6. (Amended by Stats. 2002, Ch. 946, Sec. 53. Effective January 1, 2003.)
  62. 67111.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 7. Actions and Penalties [67111 - 67114] ( Article 7 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    Making false reports, failing to submit required reports, or tampering with required records is a misdemeanor.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 7. Actions and Penalties [67111 - 67114] ( Article 7 added by Stats. 1977, Ch. 569. ) ## 67111. It shall be a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding five thousand dollars ($5,000), or by both the fine and imprisonment, for any person to do any of the following: (a) Willfully to render or furnish a false report, statement, or record required by the commission. (b) Willfully fail to render or furnish a report, statement, or record required by the commission. (c) Secrete, destroy, or alter records required to be kept under this chapter. (Amended by Stats. 2002, Ch. 946, Sec. 54. Effective January 1, 2003.)
  63. 67112.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 7. Actions and Penalties [67111 - 67114] ( Article 7 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The commission must set procedures so aggrieved individuals can get an informal hearing before the commission or a designated committee.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 7. Actions and Penalties [67111 - 67114] ( Article 7 added by Stats. 1977, Ch. 569. ) ## 67112. The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission or before a committee of the commission designated for that purpose. Appeals from decisions of the commission may be made to the secretary. The determination of the secretary shall be subject to judicial review upon a petition filed with the appropriate superior court. (Amended by Stats. 2002, Ch. 946, Sec. 55. Effective January 1, 2003.)
  64. 67112.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 7. Actions and Penalties [67111 - 67114] ( Article 7 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The commission may sue to collect assessments and civil penalties and to seek injunctions or specific performance. Courts must grant requested writs or injunctions on the required showing, and a final judgment can lead to an injunction stopping avocado business until the judgment is fully satisfied.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 7. Actions and Penalties [67111 - 67114] ( Article 7 added by Stats. 1977, Ch. 569. ) ## 67112.5. (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and to obtain injunctive relief or specific performance, with respect to this chapter and the rules and regulations adopted under this chapter. (b) A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any other rule or regulation of the commission, including, but not limited to, the nonpayment of assessments. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief. (c) A writ of attachment shall be issued pursuant to Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified by Section 485.010 is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or of inadequate remedy at law specified by Section 526 or 527 is not required. (d) Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business regarding avocados until there is full compliance with and satisfaction of the judgment. (e) The commission is entitled, upon a favorable judgment for the commission, to receive reimbursement for any reasonable attorney’s fees and other actual related costs incurred in any action commenced by the commission for the enforcement of this chapter. Venue for actions commenced by the commission may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. (Added by Stats. 2002, Ch. 946, Sec. 56. Effective January 1, 2003.)
  65. 67113.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 7. Actions and Penalties [67111 - 67114] ( Article 7 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The commission does not have to allege or prove that no adequate remedy at law exists in actions under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 7. Actions and Penalties [67111 - 67114] ( Article 7 added by Stats. 1977, Ch. 569. ) ## 67113. It is not necessary for the commission to allege or prove that an adequate remedy at law does not exist in any action brought under this chapter. (Added by Stats. 1983, Ch. 1279, Sec. 14.)
  66. 67114.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 7. Actions and Penalties [67111 - 67114] ( Article 7 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    This section says the chapter should be read broadly, and if part of it is later held unconstitutional or invalid, the rest of the chapter still remains in effect.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 7. Actions and Penalties [67111 - 67114] ( Article 7 added by Stats. 1977, Ch. 569. ) ## 67114. This chapter shall be liberally construed. If any section, clause, or part of this chapter is for any reason held to be unconstitutional or invalid as applied to any person or as applied under certain circumstances, that decision shall not affect the remaining portions of this chapter or the application of this chapter to any other persons or under any other circumstance. (Added by Stats. 1983, Ch. 1279, Sec. 15.)
  67. 67121.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 8. Implementation, Continuation, or Suspension and Termination [67121 - 67126] ( Article 8 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The chapter does not become operative until the secretary finds qualifying referendum results, with at least 40% producer and volume participation and one of the stated approval combinations met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 8. Implementation, Continuation, or Suspension and Termination [67121 - 67126] ( Article 8 added by Stats. 1977, Ch. 569. ) ## 67121. This chapter, except as necessary to conduct such vote, shall not become operative until the secretary finds, in a referendum conducted by the secretary in which at least 40 percent of the total number of producers, from the list established by the secretary, producing at least 40 percent of the total volume of avocados marketed during the last completed marketing season participate, either one of the following: (a) Sixty-five percent or more of the producers certified by the secretary who voted in the referendum, voted in favor of this chapter, and the producers so voting marketed 51 percent or more of the total quantity of avocados marketed in the preceding marketing season by all of the producers who voted in the referendum. (b) Fifty-one percent or more of the producers who voted in the referendum voted in favor of this chapter and the producers so voting marketed 65 percent or more of the total quantity of avocados marketed in the preceding marketing season by all of the producers who voted in the referendum. (Amended by Stats. 2002, Ch. 946, Sec. 57. Effective January 1, 2003.)
  68. 67122.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 8. Implementation, Continuation, or Suspension and Termination [67121 - 67126] ( Article 8 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The secretary must set the referendum period at between 10 and 60 days, and may add any further procedure needed to run the referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 8. Implementation, Continuation, or Suspension and Termination [67121 - 67126] ( Article 8 added by Stats. 1977, Ch. 569. ) ## 67122. The secretary shall establish a period in which to conduct the referendum which shall not be less than 10 days nor more than 60 days in duration, and may prescribe any additional procedure as may be necessary to conduct the referendum. (Amended by Stats. 2002, Ch. 946, Sec. 59. Effective January 1, 2003.)
  69. 67123.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 8. Implementation, Continuation, or Suspension and Termination [67121 - 67126] ( Article 8 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    Not receiving a ballot does not invalidate the referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 8. Implementation, Continuation, or Suspension and Termination [67121 - 67126] ( Article 8 added by Stats. 1977, Ch. 569. ) ## 67123. Nonreceipt of a ballot shall not invalidate the referendum. (Amended by Stats. 2002, Ch. 946, Sec. 60. Effective January 1, 2003.)
  70. 67124.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 8. Implementation, Continuation, or Suspension and Termination [67121 - 67126] ( Article 8 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    If the secretary finds the required favorable vote, the secretary must certify it and notify the producers and handlers on file. The chapter becomes operative 15 days after certification and publication.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 8. Implementation, Continuation, or Suspension and Termination [67121 - 67126] ( Article 8 added by Stats. 1977, Ch. 569. ) ## 67124. If the secretary finds that a favorable vote has been given as provided in Section 67122, he or she shall certify and give notice of that favorable vote to all producers and handlers whose names and addresses may be on file with the secretary. This chapter shall become operative on the 15th day after certification by the secretary and publication to producers and handlers. (Amended by Stats. 2002, Ch. 946, Sec. 61. Effective January 1, 2003.)
  71. 67125.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 8. Implementation, Continuation, or Suspension and Termination [67121 - 67126] ( Article 8 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    If the secretary determines that assent was not given under Section 67121, the secretary must certify that fact and declare all provisions of this chapter inoperative.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 8. Implementation, Continuation, or Suspension and Termination [67121 - 67126] ( Article 8 added by Stats. 1977, Ch. 569. ) ## 67125. If the secretary finds that assent has not been given as provided in Section 67121, he or she shall so certify and declare all provisions of this chapter inoperative. (Amended by Stats. 2002, Ch. 946, Sec. 62. Effective January 1, 2003.)
  72. 67126.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 8. Implementation, Continuation, or Suspension and Termination [67121 - 67126] ( Article 8 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    Before the referendum, sureties must post a bond or security that the secretary accepts.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 8. Implementation, Continuation, or Suspension and Termination [67121 - 67126] ( Article 8 added by Stats. 1977, Ch. 569. ) ## 67126. Prior to holding the referendum, sureties shall post a bond or security, acceptable to the secretary, in an amount which the secretary shall determine to be sufficient to pay the cost of the referendum should the election determine that the operation of this chapter is to be suspended. (Amended by Stats. 2002, Ch. 946, Sec. 63. Effective January 1, 2003.)
  73. 67131.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 9. Continuation and Suspension and Termination [67131 - 67134] ( Article 9 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The secretary must periodically hold a referendum among producers, and the chapter continues only if a majority of eligible growers vote to continue it.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 9. Continuation and Suspension and Termination [67131 - 67134] ( Article 9 added by Stats. 1977, Ch. 569. ) ## 67131. Between November 1, 1980, and October 31, 1981, and every fifth year thereafter, the secretary shall cause a referendum to be conducted by the commission among producers to determine whether this chapter shall be reapproved and continued in effect. The operations of this chapter shall be reapproved and continued in effect if the secretary finds that a majority of the eligible growers voting in the referendum voted in favor of continuing the operations of this chapter. If the secretary finds that a favorable vote has been given, he or she shall so certify and this chapter shall remain effective. If the secretary finds that a favorable vote has not been given, he or she shall so certify and declare this chapter and the commission suspended upon the expiration of the then-current marketing season. Thereupon, the operations of the commission shall be wound up and funds distributed in the manner provided in Section 67133. No bond or security shall be required for the referendum. (Amended by Stats. 2002, Ch. 946, Sec. 64. Effective January 1, 2003.)
  74. 67132.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 9. Continuation and Suspension and Termination [67131 - 67134] ( Article 9 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    The commission may recommend suspension of the chapter, and the secretary must run a producer referendum and suspend the chapter if the statutory participation and voting thresholds are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 9. Continuation and Suspension and Termination [67131 - 67134] ( Article 9 added by Stats. 1977, Ch. 569. ) ## 67132. Upon the finding of nine voting members of the commission if the commission consists of three or four districts, or of 10 voting members of the commission if the commission consists of five districts, that this chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the operations of the commission be suspended, provided that the suspension shall not become effective until the expiration of the current marketing season. The secretary shall, upon receipt of the recommendation, or upon a petition filed with him or her requesting the suspension, signed by 15 percent of the producers by number who produced not less than 15 percent of the volume in the immediately preceding year, cause a referendum to be conducted among the listed producers to determine if the operation of this chapter and the operations of the commission shall be suspended, and shall establish a referendum period, which shall not be less than 10 days nor more than 60 days in duration. The secretary is authorized to prescribe any additional procedure necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers, on a list established by the secretary, marketing 40 percent of the total volume marketed by all producers during the last completed marketing season, participate in the referendum, the secretary shall suspend this chapter upon the expiration of the current marketing season, if he or she finds either one of the following: (a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of the suspension, and the producers so voting marketed 51 percent or more of the total quantity of avocados marketed in the preceding marketing season by all of the producers who voted in the referendum. (b) Fifty-one percent or more of the producers who voted in the referendum voted in favor of suspension, and the producers so voting marketed 65 percent or more of the total quantity of avocados marketed in the preceding season by all of the producers who voted in the referendum. (Amended by Stats. 2017, Ch. 561, Sec. 66. (AB 1516) Effective January 1, 2018.)
  75. 67133.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 9. Continuation and Suspension and Termination [67131 - 67134] ( Article 9 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    If the chapter and commission are suspended, the commission must wind up, liquidate its assets, and return remaining money pro rata to assessed persons unless the refund would be impractical.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 9. Continuation and Suspension and Termination [67131 - 67134] ( Article 9 added by Stats. 1977, Ch. 569. ) ## 67133. After the effective date of suspension of this chapter and of the commission, the operations of the commission shall be wound up, and any asset of the commission shall be liquidated and the proceeds, along with any and all moneys remaining held by the commission, collected by assessment and not required to defray the expenses of winding up and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of a pro rata refund to those persons, any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into an appropriate state or federal program or used to fund activities related to the subject matter of this chapter. (Amended by Stats. 2025, Ch. 188, Sec. 15. (AB 1322) Effective January 1, 2026.)
  76. 67134.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 9. Continuation and Suspension and Termination [67131 - 67134] ( Article 9 added by Stats. 1977, Ch. 569. )

    Verify source ↗

    When the chapter and commission are suspended, the secretary must issue a notice, and the commission must give a copy of that notice to affected producers and handlers on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 9. Continuation and Suspension and Termination [67131 - 67134] ( Article 9 added by Stats. 1977, Ch. 569. ) ## 67134. Upon suspension of this chapter and the commission, a notice shall be issued by the secretary, and a copy of the notice shall be published in a newspaper of general circulation in each district. The commission shall provide a copy of the notice of suspension to all producers and handlers affected by the suspension whose names and addresses are on file. (Amended by Stats. 2015, Ch. 307, Sec. 17. (AB 958) Effective January 1, 2016.)
  77. 67140.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 10. Quality Standards [67140 - 67143] ( Article 10 added by Stats. 1985, Ch. 953, Sec. 11. )

    Verify source ↗

    The commission may recommend avocado quality standards to the secretary and may do other activities authorized by the California Marketing Act of 1937, following that Act’s procedures unless this article says otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 10. Quality Standards [67140 - 67143] ( Article 10 added by Stats. 1985, Ch. 953, Sec. 11. ) ## 67140. The commission may recommend to the secretary the adoption of avocado quality standards or engage in any other activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21) that is in accordance with the procedures specified in that act, unless otherwise specified in this article. (Amended by Stats. 2002, Ch. 946, Sec. 70. Effective January 1, 2003.)
  78. 67141.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 10. Quality Standards [67140 - 67143] ( Article 10 added by Stats. 1985, Ch. 953, Sec. 11. )

    Verify source ↗

    The secretary must implement any standards or activities adopted under this article at the start of the next marketing season after approval.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 10. Quality Standards [67140 - 67143] ( Article 10 added by Stats. 1985, Ch. 953, Sec. 11. ) ## 67141. Any standards or activities adopted pursuant to this article shall be implemented by the secretary at the beginning of the marketing season next succeeding the date in which they were approved by the secretary. (Amended by Stats. 2002, Ch. 946, Sec. 71. Effective January 1, 2003.)
  79. 67142.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 10. Quality Standards [67140 - 67143] ( Article 10 added by Stats. 1985, Ch. 953, Sec. 11. )

    Verify source ↗

    Recommended standards or activities do not take effect until approved under Section 67121.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 10. Quality Standards [67140 - 67143] ( Article 10 added by Stats. 1985, Ch. 953, Sec. 11. ) ## 67142. Any standards or activities recommended by the commission and concurred in by the secretary, shall not be operative until approved in the manner specified in Section 67121. (Amended by Stats. 2002, Ch. 946, Sec. 72. Effective January 1, 2003.)
  80. 67143.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 10. Quality Standards [67140 - 67143] ( Article 10 added by Stats. 1985, Ch. 953, Sec. 11. )

    Verify source ↗

    The commission must serve as the secretary’s advisory body on matters covered by this article.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 5. California Avocado Commission [67001 - 67143] ( Chapter 5 added by Stats. 1977, Ch. 569. ) ## ARTICLE 10. Quality Standards [67140 - 67143] ( Article 10 added by Stats. 1985, Ch. 953, Sec. 11. ) ## 67143. The commission shall serve as the advisory body to the secretary on all matters pertaining to this article. (Amended by Stats. 2002, Ch. 946, Sec. 73. Effective January 1, 2003.)
  81. 6721.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not sell nursery stock unless they hold a valid license under this chapter, unless they are expressly exempt under Section 6742 or 6743.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6721. It is unlawful, for any person, except a person who is expressly exempt pursuant to Section 6742 or 6743, to sell any nursery stock unless such person holds a valid license which is issued pursuant to this chapter. (Amended by Stats. 1978, Ch. 1202.)
  82. 6722.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must issue a nursery stock license when the fee is received, unless Section 6761 applies. The applicant must also show character and good faith.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6722. Except as provided in Section 6761, the director, upon receipt of the total license fee which is established pursuant to Section 6723, shall issue a license to sell nursery stock for the appropriate period as established pursuant to Section 6724 to any person that sells or seeks to sell plants, as defined in Section 5007, for planting, propagation, or ornamentation. Plants for ornamentation shall include cut flowers and cut greens. The applicant shall further satisfy the director of his character and good faith in seeking to carry on the business of selling nursery stock. (Amended by Stats. 1978, Ch. 1202.)
  83. 6723.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary must set a minimum nursery stock license fee of no more than $180, may lower or adjust it under specified findings, and must add certain extra fees for branch locations and acreage, with one gross-income-based exception.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6723. (a) The secretary shall establish the minimum license fee at an amount not to exceed one hundred eighty dollars ($180). (b) The secretary may fix the minimum license fee at an amount that is less than one hundred eighty dollars ($180) and may adjust the license fee if, after investigation and due notice, the secretary finds that the cost of administering this division and Chapter 5 (commencing with Section 53301) of Division 18, which relate to nursery stock, can be defrayed from revenues derived from the license fee in combination with those sums as provided by Sections 435 and 5822. (c) Both of the following amounts shall be added as an additional license fee to the license fee established pursuant to subdivisions (a) and (b): (1) An equal sum for each branch salesyard, store, or sales location that is owned and operated by the applicant in the state. (2) (A) An acreage fee in an amount to be established by the secretary for land used in the production, storage, or sale of all nursery stock, except as provided in subparagraph (B), in excess of one acre, which the secretary determines is necessary to carry out this part and any portion of this code that relates to nursery stock. The total acreage fee shall not be less than twenty-five dollars ($25) nor more than nine hundred dollars ($900) for each licensee. The acreage fee shall be calculated using as a basis the total of the acreage at all locations where nursery stock is produced, stored, or sold. (B) Subparagraph (A) does not apply to those licensees whose gross income from the production of cut flowers and cut ornamentals is 75 percent or greater of the gross income of their nursery. (d) As to all the fees, the secretary may require payment of prorated amounts when necessary in the issuance of new licenses for branch salesyards, stores, or sales locations to persons already licensed pursuant to the licensing periods established in Section 6724. (Amended (as amended by Stats. 1999, Ch. 450, Sec. 1) by Stats. 2004, Ch. 170, Sec. 1. Effective January 1, 2005.)
  84. 6724.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    License renewal fees must be paid by the first day of the first month of the licensee’s license period, or the nursery stock sales license is forfeited.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6724. There shall be four licensing periods as follows: January through December, April through March, July through June, and October through September. The fees for the renewal of the license for the foregoing periods shall be paid by the 1st day of the first month of the licensee’s license period. If the renewal license fee is not paid prior to the 11th day of the first month of the licensee’s license period, for the 12-month period ensuing, the license to sell nursery stock is forfeited. (Amended by Stats. 1978, Ch. 1202.)
  85. 6725.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person whose nursery stock sales license has been forfeited cannot get a renewal license unless they submit a written application to the department.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6725. Any person whose license to sell nursery stock has been forfeited shall not be issued a renewal license except upon written application to the department. (Enacted by Stats. 1967, Ch. 15.)
  86. 6726.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A license renewal application must be accompanied by specified sums, unless Section 6727 says otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6726. Except as otherwise provided in Section 6727, the application for renewal of a license shall be accompanied by the following sums: (a) If no part of the minimum license fee has been paid, a sum which is equal to the minimum license fee and a restoration fee in an amount that is equal to the minimum license fee. (b) If a part of the minimum license fee has been paid, an amount which is a sum equal to any portion of the minimum license fee which is unpaid on the 11th day of the first month of the licensee’s license period and a restoration fee in an amount which is equal to the unpaid portion of the minimum license fee. (Amended by Stats. 1978, Ch. 1202.)
  87. 6727.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A renewal applicant may avoid the restoration fee if the renewal application includes a signed statement that no nursery stock was sold during the relevant license period before the application and minimum fee payment.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6727. No restoration fee is required of any person whose application for renewal of a license is accompanied by his signed statement that prior to the date of his application and payment of the minimum license fee he has not sold any nursery stock during any part of the license period for which he applies for renewal of the license. The director also may accept, at his discretion, the licensee’s affidavit that the minimum license fee was not paid within the time limits specified in Section 6724 for reasons beyond the licensee’s control. (Amended by Stats. 1978, Ch. 1202.)
  88. 6728.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may not refund more than half of the minimum nursery stock license fee in one situation, and must refund nothing if the applicant is denied a license under Section 6761.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6728. The director shall not refund more than one-half of the minimum license fee to any person who applies for a license to sell nursery stock and who later decides not to engage in the sale of nursery stock. No portion of the minimum license fee shall be refunded to any person who is denied a license pursuant to Section 6761. (Added by Stats. 1978, Ch. 1202.)
  89. 6741.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exemptions [6741 - 6744] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person does not have to pay a license fee if plant sales are under $1,000 in a fiscal year, the person has told the commissioner about the sales, and the plants sold are the person's own production for planting in the county where they were grown.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exemptions [6741 - 6744] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6741. A person is not required to pay any license fee if all of the following facts exist: (a) The person’s sales of plants amount to less than one thousand dollars ($1,000) within any one fiscal year. (b) The person has reported to the commissioner his or her intention to make those sales. (c) All plants which are sold by the person are of his or her own production, and are sold for planting within the county in which the plants were grown. (Amended by Stats. 2002, Ch. 535, Sec. 1. Effective January 1, 2003.)
  90. 6742.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exemptions [6741 - 6744] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who sells seeds and does not sell or ship any other nursery stock is exempt from this chapter’s license requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exemptions [6741 - 6744] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6742. Any person that sells seeds and does not sell or ship any other kinds of nursery stock is exempt from the license requirements of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  91. 6743.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exemptions [6741 - 6744] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Retail florists and similar sellers are exempt from this chapter’s license requirements for plants sold at retail for indoor decorative purposes only.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exemptions [6741 - 6744] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6743. Any retail florist or other person that sells plants at retail for indoor decorative purposes only is exempt as to such plants from the license requirements of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  92. 6744.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exemptions [6741 - 6744] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People who sell cut Christmas trees are exempt from the chapter’s license requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exemptions [6741 - 6744] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6744. Any person that sells cut Christmas trees is exempt from the license requirements of this chapter. (Added by Stats. 1987, Ch. 42, Sec. 1.)
  93. 6761.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refusal, Revocation and Suspension [6761 - 6762] ( Heading of Article 4 amended by Stats. 1968, Ch. 288. )

    Verify source ↗

    The secretary may refuse, suspend, or revoke a nursery stock license after investigation and hearing if the licensee or applicant has committed specified misconduct.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refusal, Revocation and Suspension [6761 - 6762] ( Heading of Article 4 amended by Stats. 1968, Ch. 288. ) ## 6761. The secretary, after investigation and hearing, may refuse to issue or renew a license, or may suspend or revoke a license, if the secretary determines that the licensee or the applicant has done any of the following: (a) Has willfully refused to comply with the laws and regulations relative to nursery stock, or to any pest that might be carried by nursery stock. (b) Was intentionally guilty of fraud or deception in the procurement of the license. (c) Has been guilty of fraud or misrepresentation in the handling or sale of nursery stock. (d) Has failed to maintain nursery stock produced or sold by the secretary in accordance with the standards of cleanliness that are prescribed by the secretary. (e) Has failed to comply with a lawful order that is issued by the secretary or commissioner. (f) Has failed to pay any assessment levied pursuant to this code on nursery stock or products comprising nursery stock. (Amended by Stats. 2025, Ch. 188, Sec. 2. (AB 1322) Effective January 1, 2026.)
  94. 6762.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refusal, Revocation and Suspension [6761 - 6762] ( Heading of Article 4 amended by Stats. 1968, Ch. 288. )

    Verify source ↗

    Proceedings must follow Government Code Chapter 5, and the director has the powers granted by that chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refusal, Revocation and Suspension [6761 - 6762] ( Heading of Article 4 amended by Stats. 1968, Ch. 288. ) ## 6762. Any proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. The director shall have all the powers which are granted in such chapter. (Enacted by Stats. 1967, Ch. 15.)
  95. 6781.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Disposition of Fees [6781- 6781.] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Money received by the department under this chapter must be paid into the State Treasury and credited to the Department of Agriculture Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Disposition of Fees [6781- 6781.] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 6781. Any money which is received by the department pursuant to this chapter shall be paid into the State Treasury and be credited to the Department of Agriculture Fund. Any money in the Department of Agriculture Fund which is derived pursuant to this chapter may be expended for the administration or enforcement of any or all of the provisions of the following portions of this code which relate to nursery stock, notwithstanding any other provision of law which limits the expenditure of such money to some specific purpose or to the administration or enforcement of some specific section, article, chapter, or law: (a) Section 435. (b) Article 7 (commencing with Section 5821), Chapter 8, Part 1, of this division. (c) Chapter 1 (commencing with Section 6701), Part 3, of this division. (d) Any other provision of this division, which relates to nursery stock, except any provision of Article 5 (commencing with Section 6001) of Chapter 9 or Chapter 10 (commencing with Section 6101) of Part 1, Part 5 (commencing with Section 8401), or Part 6 (commencing with Section 8801) of Division 4. (e) Chapter 5 (commencing with Section 53301) of Division 18. (Enacted by Stats. 1967, Ch. 15.)
  96. 68001.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 1. Declaration and General Provisions [68001 - 68006] ( Article 1 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The section states that California’s kiwifruit industry is growing and can be an important fruit crop and source of employment.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 1. Declaration and General Provisions [68001 - 68006] ( Article 1 added by Stats. 1979, Ch. 1027. ) ## 68001. The kiwifruit industry in this state is expanding and can constitute one of California’s principal fruit crops. The industry can provide an important source of employment for many people in the state, a high proportion of whom are from underprivileged and historically deprived segments of the population. (Added by Stats. 1979, Ch. 1027.)
  97. 68002.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 1. Declaration and General Provisions [68001 - 68006] ( Article 1 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The section explains that the kiwifruit industry needs advertising and promotion to grow by creating new markets.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 1. Declaration and General Provisions [68001 - 68006] ( Article 1 added by Stats. 1979, Ch. 1027. ) ## 68002. As an exotic subtropical fruit, the kiwifruit is not heavily consumed in this country or abroad. Opportunity exists for continued growth and expansion of the industry, by creating new markets in such areas. The success of such an expansion program is uniquely dependent upon effective advertising and promotion, since the creation of new markets is essentially a matter of educating people to the use of a previously unknown or unrecognized food. (Added by Stats. 1979, Ch. 1027.)
  98. 68003.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 1. Declaration and General Provisions [68001 - 68006] ( Article 1 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This section states that a California Kiwifruit Commission is necessary to manage and support advertising for the kiwifruit industry.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 1. Declaration and General Provisions [68001 - 68006] ( Article 1 added by Stats. 1979, Ch. 1027. ) ## 68003. The establishment of a California Kiwifruit Commission is necessary for the efficient development and management of a national and international advertising program and essential to ensure that the California kiwifruit industry can compete successfully in the marketplace. (Amended by Stats. 1981, Ch. 606, Sec. 1.)
  99. 68004.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 1. Declaration and General Provisions [68001 - 68006] ( Article 1 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The state declares kiwifruit production and marketing in California to be a matter of public interest and says the chapter is enacted under the state’s police power.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 1. Declaration and General Provisions [68001 - 68006] ( Article 1 added by Stats. 1979, Ch. 1027. ) ## 68004. The production and marketing of kiwifruit produced in this state is hereby declared to be affected with public interest. The provisions of this chapter are enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (Added by Stats. 1979, Ch. 1027.)
  100. 68005.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 1. Declaration and General Provisions [68001 - 68006] ( Article 1 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This provision says a commission form of administration created by this chapter is meant to handle advertising, promotion, marketing research, and production research.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 1. Declaration and General Provisions [68001 - 68006] ( Article 1 added by Stats. 1979, Ch. 1027. ) ## 68005. A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and production research. (Added by Stats. 1979, Ch. 1027.)
  101. 68006.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 1. Declaration and General Provisions [68001 - 68006] ( Article 1 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    Actions taken by the commission, and individuals acting under this chapter or its rules, are exempt from being treated as violations of certain antitrust and trade-practices laws.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 1. Declaration and General Provisions [68001 - 68006] ( Article 1 added by Stats. 1979, Ch. 1027. ) ## 68006. No action taken by the commission, nor by any individual in accordance with this chapter or with rules or regulations adopted under the chapter, shall be deemed a violation of the Cartwright Act, the Unfair Practices Act, the Fair Trade Act, or any rule of statutory or common law against monopolies or combinations in restraint of trade. (Amended by Stats. 1981, Ch. 606, Sec. 2.)
  102. 68021.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The definitions in this article control how this chapter is interpreted, unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68021. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1979, Ch. 1027.)
  103. 68022.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This section defines “Kiwifruit” for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68022. “Kiwifruit” means any variety of kiwifruit (“Kiwi,” “Chinese Gooseberry,” or species Actinidia deliciosa) produced in the state, including any kiwifruit delivered to a processor for processing into any kiwifruit product. (Amended by Stats. 1993, Ch. 1127, Sec. 1. Effective October 11, 1993.)
  104. 68023.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    “Books and records” is defined to include listed written materials and other written data relating to activities covered by this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68023. “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to the provisions of this chapter. (Added by Stats. 1979, Ch. 1027.)
  105. 68025.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This section defines “Commission” as the California Kiwifruit Commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68025. “Commission” means the California Kiwifruit Commission. (Added by Stats. 1979, Ch. 1027.)
  106. 68026.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    “Commissioner” means any member of the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68026. “Commissioner” means any member of the commission. (Added by Stats. 1979, Ch. 1027.)
  107. 68027.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This section defines “distribute” as engaging in the business of a distributor.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68027. “Distribute” means to engage in the business of a distributor. (Added by Stats. 1979, Ch. 1027.)
  108. 68028.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    “Distributor” includes a person who sells, markets, or distributes kiwifruit in the stated ways, and it excludes most retailers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68028. “Distributor” means any person who engages in the operation of selling, marketing, or distributing kiwifruit which he has produced or purchased or acquired from a producer, or which he is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. When the distributor is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for failure to collect or make payment of assessments of which a corporate distributor may be subject pursuant to this chapter shall include identical liability upon each individual director or officer of the corporation. It does not, however, include a retailer, except a retailer who purchases or acquires from, or handles on behalf of any producer, kiwifruit which was not previously subject to assessment by the commission. (Amended by Stats. 1985, Ch. 1004, Sec. 6. Effective September 26, 1985.)
  109. 68029.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This section defines “Secretary” as the Secretary of Food and Agriculture.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68029. “Secretary” means the Secretary of Food and Agriculture. (Amended by Stats. 1995, Ch. 727, Sec. 1.5. Effective January 1, 1996.)
  110. 68030.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This section defines the kiwifruit districts and lets the commission change district boundaries with the secretary’s concurrence, under specified conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68030. “Districts” shall consist of the following: (a) District 1 consists of Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Tehama, Mendocino, Glenn, Butte, and Plumas Counties. (b) District 2 consists of Lake, Colusa, Sutter, Yolo, Napa, Sonoma, Marin, and Solano Counties. (c) District 3 consists of Sierra, Yuba, Nevada, Placer, El Dorado, Alpine, Amador, and Sacramento Counties. (d) District 4 consists of Contra Costa, Alameda, Santa Clara, Santa Cruz, San Benito, San Francisco, San Mateo, and Monterey Counties. (e) District 5 consists of San Joaquin, Calaveras, Tuolumne, Mono, Mariposa, Stanislaus, and Merced Counties. (f) District 6 consists of Madera, Fresno, Kings, Tulare, Inyo, and Kern Counties. (g) District 7 consists of San Luis Obispo, Santa Barbara, and Ventura Counties. (h) District 8 consists of San Bernardino, Riverside, Orange, Los Angeles, San Diego, and Imperial Counties. The boundaries of any district may be changed by a two-thirds vote of the commission, which is concurred in by the secretary, when necessary to maintain similar total production among the districts, and to insure proper representation by producers. These boundaries need not coincide with county lines. (Amended by Stats. 1995, Ch. 727, Sec. 2. Effective January 1, 1996.)
  111. 68031.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    “Ex officio member” means a nonvoting member of the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68031. “Ex officio member” shall be a nonvoting member of the commission. (Added by Stats. 1979, Ch. 1027.)
  112. 68032.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This section defines “handle” as engaging in the business of a handler under Section 68033.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68032. “Handle” means to engage in the business of a handler as defined in Section 68033. (Added by Stats. 1979, Ch. 1027.)
  113. 68033.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    “Handler” means a kiwifruit distributor or processor, including their employees, when operating within this state.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68033. “Handler” means any person engaged, within this state, as a distributor in the business of distributing kiwifruit or any person engaged as a processor in the business of processing kiwifruit and employees thereof so engaged. (Added by Stats. 1979, Ch. 1027.)
  114. 68034.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This section defines “independent handler” as a handler who primarily handles fruit for an independent producer or grower.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68034. “Independent handler” means a handler who primarily handles fruit for an independent producer or grower. (Added by Stats. 1979, Ch. 1027.)
  115. 68034.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    “Cooperative handler” means a handler who primarily handles fruit for a cooperative producer or grower.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68034.5. “Cooperative handler” means a handler who primarily handles fruit for a cooperative producer or grower. (Added by Stats. 1979, Ch. 1027.)
  116. 68036.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This section defines “marketing research” as research relating to the sale of kiwifruit.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68036. “Marketing research” means any research relating to the sale of kiwifruit. (Added by Stats. 1979, Ch. 1027.)
  117. 68037.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    “Marketing season” or “fiscal year” means October 1 through September 30 of the following year.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68037. “Marketing season” or “fiscal year” means the period beginning October 1 of any year and extending through September 30 of the following year. (Amended by Stats. 1981, Ch. 606, Sec. 7.)
  118. 68038.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This section defines “nonprofit cooperative association” or “cooperative” as a corporation organized under Chapter 1 of Division 20.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68038. “Nonprofit cooperative association” or “cooperative” means any corporation which is organized pursuant to Chapter 1 (commencing with Section 54001) of Division 20. (Added by Stats. 1979, Ch. 1027.)
  119. 68039.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This section defines “processor” for kiwifruit law and excludes people making a different product from changed kiwifruit.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68039. “Processor” means any person engaged, within this state, in the operation of canning, fermenting, distilling, extracting, preserving, grinding, crushing, or in any other manner changing the form of kiwifruit for the purpose of preparing it for market and marketing the kiwifruit, or who is engaged in any activities which are performed for the purpose of marketing processed kiwifruit. When the processor is a corporation, all of the directors and officers of the corporation in their capacity as individuals are included, and any liability for failure to collect or make payment of assessments to which a corporate processor may be subject pursuant to this chapter includes the same liability for each individual director or officer of the corporation. The term “processor” does not, however, include a person who is engaged in manufacturing from kiwifruit so changed in form another and different product. (Amended by Stats. 1985, Ch. 1004, Sec. 7. Effective September 26, 1985.)
  120. 68040.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    “Process” means engaging in the business of a processor.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68040. “Process” means to engage in the business of a processor. (Added by Stats. 1979, Ch. 1027.)
  121. 68041.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    A kiwifruit producer or grower must, on request, provide proof of commodity sales and assessment payments, or other proof the commission accepts, for the relevant marketing season.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68041. “Producer” or “grower,” means any person who is engaged, within this state, in the business of producing, or causing to be produced for market, kiwifruit, who shall, upon request, provide proof of commodity sale and proof of assessment payment during the preceding marketing season, or provide adequate proof, as determined by the commission, of actual or anticipated commodity sale and assessment payment during the existing marketing season. (Amended by Stats. 1983, Ch. 525, Sec. 2.)
  122. 68042.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    “Production research” means research on kiwifruit production, harvest, and post-harvest handling, but not marketing research.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68042. “Production research” means any research related to the production, harvest, and post harvest handling of kiwifruit, other than marketing research. (Amended by Stats. 1981, Ch. 606, Sec. 10.)
  123. 68043.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This section defines “sale” for kiwifruit as the point when the producer transfers title in exchange for money or other valuable consideration.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68043. “Sale” means the point at which the producer transfers title to the kiwifruit in exchange for financial compensation or other valuable consideration. A sale may occur even though the kiwifruit purchased is not placed in normal marketing channels. (Added by Stats. 1981, Ch. 606, Sec. 12.)
  124. 68044.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This section defines “tray” as a receptacle used to package or handle kiwifruit.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 2. Definitions [68021 - 68044] ( Article 2 added by Stats. 1979, Ch. 1027. ) ## 68044. “Tray” means a receptacle used in the packaging or handling of kiwifruit. (Added by Stats. 1985, Ch. 1004, Sec. 8. Effective September 26, 1985.)
  125. 68051.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This section creates the California Kiwifruit Commission and sets how its members are selected.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. ) ## 68051. There is in the state government the California Kiwifruit Commission, a state agency operating under authority of this chapter. The commission shall be composed of eight kiwifruit producers who are not handlers, one producer member-at-large, one handler, and one public member. Eight producers, one from each district, shall be elected by and from producers within the respective districts. The producer member-at-large shall be elected by and from producers statewide. The handler member shall be elected by and from handlers statewide. The public member shall be appointed to the commission by the secretary from the nominees recommended by the commission. The secretary, the handler member, and other appropriate individuals as determined by the commission shall be nonvoting ex officio members of the commission. (Amended by Stats. 1995, Ch. 727, Sec. 3. Effective January 1, 1996.)
  126. 68052.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The secretary may order the commission to stop or fix activities that violate the chapter or are not in the public interest, and may suspend those activities if the commission does not comply.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. ) ## 68052. The secretary may require the commission to correct or cease any existing or proposed activity or function that is determined by the secretary to be in violation of this chapter or not to be in the public interest. If the commission refuses or fails to cease those activities or functions or to make corrections as required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities and functions of the commission until such time that the cessation or correction of activities or functions as required by the secretary has been accomplished by the commission. Actions of the commission in violation of the written notice shall be without legal force or effect. The secretary, to the extent feasible, shall issue the written notice prior to the commission entering into any contractual relationship affecting the existing or proposed activities or functions that are the subject of the written notice. Upon service of the written notice, the secretary shall notify the commission, in writing, of the specific acts that the secretary determines are not in the public interest or are in violation of this chapter, the secretary’s reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and the secretary may make recommendations that will make those activities or functions acceptable. (Amended by Stats. 1995, Ch. 727, Sec. 4. Effective January 1, 1996.)
  127. 68053.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The commission or secretary may ask a court for judicial relief related to the secretary’s written notice or the commission’s noncompliance, and the court may grant injunctive relief or similar orders.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. ) ## 68053. The commission or secretary may bring an action for judicial relief from the secretary’s written notice, or from noncompliance by the commission with the written notice, in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or other applicable relief. (Amended by Stats. 1995, Ch. 727, Sec. 5. Effective January 1, 1996.)
  128. 68054.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The commission must reimburse the secretary for expenditures made in performing chapter duties, but a court may excuse the commission from paying the secretary’s legal costs if the court finds the secretary acted arbitrarily or capriciously.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. ) ## 68054. The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities under this chapter. However, the court may, if it finds that the secretary acted arbitrarily or capriciously in restricting the activities or functions of the commission, relieve the commission of responsibility for payment of the secretary’s legal costs with regard to the action. (Amended by Stats. 1995, Ch. 727, Sec. 6. Effective January 1, 1996.)
  129. 68054.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    Most commission members, except ex officio members, have an alternate member elected the same way as the member. The alternate serves in the member’s place when the member is absent, and can exercise the member’s rights, privileges, and powers while serving.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. ) ## 68054.5. Each member of the commission, except the ex officio members, has an alternate member, who is elected in the same manner as the member. An alternate member, in the absence of the member for whom he or she is alternate, serves in place of the member on the commission, and has, and exercises, all the rights, privileges, and powers of the member when serving on the commission. In the event of death, removal, resignation, or the disqualification of a member, the alternate shall act as a member on the commission until a successor is elected and has qualified as provided in Section 68055. (Amended by Stats. 1983, Ch. 525, Sec. 3.)
  130. 68055.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    If a commission seat becomes vacant, the commission fills it by majority vote, and the replacement must meet the article’s qualifications.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. ) ## 68055. Any vacancy on the commission including, but not limited to, the failure of any person elected to the commission as a member or alternate member to continue in his or her position due to a change in status making the member ineligible to serve, or through death, removal, or resignation, shall be filled, for the term, by the commission by majority vote. However, that person shall fulfill all the qualifications set forth in this article as required for the office he or she is to fill. Qualifications of any person to fill a vacancy on the commission shall be certified, in writing, to the secretary. The secretary shall notify the commission if he or she determines that any such person is not qualified. (Amended by Stats. 1995, Ch. 727, Sec. 7. Effective January 1, 1996.)
  131. 68056.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    Commission members for producer and handler seats must meet industry-interest qualifications, and the public member may not have a financial interest in the kiwifruit industry.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. ) ## 68056. Any producer member or his alternate on the commission shall be an individual or an employee representing a producer who has a financial interest in producing, or causing to be produced, kiwifruit for market. The qualifications of a producer member and an alternate producer member shall be maintained during the entire term of office. Any handler member or his alternate shall be an individual or an employee representing a handler who has a financial interest in handling kiwifruit for market. The qualifications of a handler member and an alternate handler member shall be maintained during the entire term of office. The public member or his alternate on the commission, shall have all the powers, rights, and privileges of any other member on the commission. The public member shall not have any financial interest in the kiwifruit industry. (Amended by Stats. 1981, Ch. 606, Sec. 14.)
  132. 68057.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    Commissioners generally serve two-year terms, with some initial and handler-member terms assigned differently, and no commissioner may serve more than four consecutive terms except for a one-year-term member who may serve one extra two-year term.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. ) ## 68057. The term of office of all commissioners, except any ex officio member, shall be for two years from the date of their election and until their successors are qualified; provided, however, that of the first members of the commission, one-half shall serve for one year, and one-half shall serve for two years, with the determination of term of each such member to be made by lot at the time of election. The same selection procedure shall apply to the two handler members. Terms of office of each commissioner shall be limited to four consecutive terms, except that any member selected to serve a one-year term may serve one additional two-year term. (Amended by Stats. 1985, Ch. 1004, Sec. 9. Effective September 26, 1985.)
  133. 68058.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The commission is created as a corporate body and given corporate powers, including suing and being sued, contracting, and adopting a corporate seal.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. ) ## 68058. The commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be sued, to contract and be contracted with, and to have and possess all of the powers of a corporation. It may adopt a corporate seal. Copies of its proceedings, records, and acts, when authenticated, shall be admissible in evidence in all courts of the state, and shall be prima facie evidence of the truth of all statements therein. (Added by Stats. 1979, Ch. 1027.)
  134. 68061.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    A quorum for the commission is seven voting commissioners, and—unless Sections 68030 or 68132 say otherwise—a majority of members present at a quorum meeting acts for the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. ) ## 68061. A quorum of the commission shall be any seven voting commissioners. Except as provided in Sections 68030 and 68132, the vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the commission. (Added by Stats. 1979, Ch. 1027.)
  135. 68062.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The secretary or the secretary’s representatives may attend commission and committee meetings, but the secretary is not entitled to attend executive sessions about litigation against the department.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. ) ## 68062. The secretary or the secretary’s representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission. However, the secretary shall not be entitled to attend an executive session of the commission called for the purpose of discussing potential or actual litigation against the department. (Amended by Stats. 1995, Ch. 727, Sec. 8. Effective January 1, 1996.)
  136. 68062.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    When the secretary must concur in a commission decision, the secretary must respond to the commission within 15 working days after notification. The response may ask for additional information.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. ) ## 68062.5. When the secretary is required to concur in a decision of the commission, the secretary shall indicate his or her response to the commission within 15 working days from notification of the decision. The response may be a request that additional information be provided. (Amended by Stats. 1995, Ch. 727, Sec. 9. Effective January 1, 1996.)
  137. 68063.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    Commissioners and certain committee members cannot receive a salary, but eligible commissioners and nonmember committee members may receive up to $100 per day plus approved travel and meal allowances.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. ) ## 68063. No commissioner or member of a committee established by the commission who is a nonmember of the commission shall receive a salary. Each commissioner, except ex officio government members, and each member of a committee established by the commission who is a nonmember of the commission may receive a sum of not to exceed one hundred dollars ($100) per day, as established by the commission, for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or committees of the commission, or on special assignment for the commission, as approved by the commission, together with the necessary traveling expenses and meal allowances, as approved by the commission. (Amended by Stats. 1981, Ch. 606, Sec. 15.)
  138. 68064.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    Money received under this chapter or by the commission must be deposited in banks the commission chooses and disbursed only by the commission’s order through designated agents. Those agents must be bonded by a fidelity bond of at least $25,000.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. ) ## 68064. All moneys received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited in such banks as the commission may designate and shall be disbursed by order of the commission through such agent or agents as it may designate for that purpose. Any such agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business as such in the State of California, in favor of the commission, in the penal sum of not less than twenty-five thousand dollars ($25,000). (Added by Stats. 1979, Ch. 1027.)
  139. 68065.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The state and commission personnel are shielded from liability for commission acts and contracts, except for individual dishonesty or crime.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 3. The California Kiwifruit Commission [68051 - 68065] ( Article 3 added by Stats. 1979, Ch. 1027. ) ## 68065. The state shall not be liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the commission shall be limited to the funds collected by the commission. No member of the commission or alternate member, or any employee or agent thereof, shall be personally liable on the contracts of the commission nor shall a commissioner, alternate member, or employee of such commission be responsible individually in any way to any producer or handler or any other person for error in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, or employee, except for his own individual acts of dishonesty or crime. The commission accepts full responsibility to defend any member of the commission or alternate member, or an employee or agent thereof, against any such claim, except for individual acts of dishonesty or crime. No commissioner or alternate member shall be held responsible individually for any act or omission of any member of such commission. The liability of the commissioners shall be several and not joint, and no commissioner shall be liable for the default of any other commissioner. (Amended by Stats. 1981, Ch. 606, Sec. 16.)
  140. 68081.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 4. Powers and Duties of the Commission [68081 - 68082] ( Article 4 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The commission has broad power to run the kiwifruit chapter, make rules, hire staff, set budgets, promote kiwifruit, and provide producer information, subject to Sections 68052 and 68053.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 4. Powers and Duties of the Commission [68081 - 68082] ( Article 4 added by Stats. 1979, Ch. 1027. ) ## 68081. The powers and duties of the commission, subject to Sections 68052 and 68053, include, but are not limited to, all of the following: (a) To adopt and, from time to time, alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, and orders for carrying out this chapter, including appeals from any bylaw, rule, regulation, or order of the commission in a manner established by the commission. (b) To administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to, or in connection with or deemed reasonably necessary for, the proper or advisable effectuation of the purposes of this chapter. (c) To appoint its own officers, including a chairperson, one or more vice chairpersons, and any other officers as it deems necessary. The officers have the powers and duties delegated to them by the commission. (d) To employ a person to serve, at the pleasure of the commission, as president and chief executive officer of the commission and other personnel, including legal counsel, as necessary to carry out this chapter. The commission may retain a management firm or any staff from any board, commission, or committee of the state to perform the functions prescribed by this subdivision under the control of the commission. If the person engages in any conduct that the secretary determines is not in the public interest or that is in violation of this chapter, the secretary shall notify the commission of the conduct and request that corrective, and if appropriate, disciplinary action be taken by the commission. If the commission fails or refuses to correct the situation or to take disciplinary action satisfactory to the secretary, the secretary may suspend or discharge the person. (e) To fix the compensation for all employees of the commission. (f) To appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter. (g) To establish offices and incur expense, and to enter into any and all contracts and agreements, and to create any liabilities and borrow any funds in advance of receipt of assessments that may be necessary, in the opinion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties. (h) To keep accurate books, records, and accounts of all of its dealings, which books, records, and accounts shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of the secretary. The audit shall be made a part of an annual report to all producers and handlers of kiwifruit, copies of which shall also be submitted to the Legislature and the department. In addition, the secretary may, as he or she determines necessary, conduct, or cause to be conducted, a fiscal and compliance audit of the commission. (i) To promote the sale of kiwifruit by advertising and other promotional means, including cost-sharing advertising, for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for kiwifruit and to educate and instruct the public with respect to kiwifruit and the uses and time to use the several varieties and the healthful properties and nutritional value of kiwifruit. (j) To educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling kiwifruit; to arrange for the performance of dealer service work providing display and other promotional materials; to make market surveys and analyses; to present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the marketing of kiwifruit. (k) To make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts or agreements that the commission may deem necessary for the promotion of the sale of kiwifruit. (l) To conduct and contract with others to conduct scientific research, including the study, analysis, dissemination, and accumulation of information obtained from that research or elsewhere respecting cultural and production practices, marketing, and distribution of kiwifruit. In connection with the research, the commission may accept contributions of, or to match, private, state, or federal funds that may be available for those purposes, and to employ or make contributions of funds to other persons or state or federal agencies conducting the research. (m) To collect, publish, and distribute, without charge, a bulletin or other communication for dissemination of information, including, but not limited to, crop statistics, relating to the kiwifruit industry to producers and handlers. (n) To establish an assessment rate to defray operating costs of the commission. (o) To establish an annual budget according to acceptable accounting practices. The budget shall be concurred in by the secretary prior to disbursement of funds, except for disbursements made pursuant to subdivision (e). (p) To submit a statement of contemplated annual activities authorized under this chapter, including advertising, promotion, marketing research, and production research, which shall be concurred in by the secretary. (q) To administer, if requested by an advisory board, a board of directors, or any other authorized agent of a governmental program, any governmental program establishing grades and standards for the kiwifruit industry. (r) The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations of this chapter. (s) The commission shall provide to producers, free of charge, the names and addresses of producers on the list maintained by the commission. Handlers and other persons may obtain the names and addresses of producers on the commissions’s list upon reimbursement of the commission’s actual costs of reproduction and delivery. (Amended by Stats. 1995, Ch. 727, Sec. 10. Effective January 1, 1996.)
  141. 68082.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 4. Powers and Duties of the Commission [68081 - 68082] ( Article 4 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The commission may collect and share certain market price information, but handler identities and reported information must stay confidential. The secretary must approve the collection-and-dissemination procedure.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 4. Powers and Duties of the Commission [68081 - 68082] ( Article 4 added by Stats. 1979, Ch. 1027. ) ## 68082. (a) In order to prevent unfair trade practices, which are detrimental to California’s kiwifruit industry, including, but not limited to, deception and misinformation, the commission may collect and disseminate to any and all interested persons, handler f.o.b., market price information based on sales that have occurred. (b) The identity of each handler reporting information and the information reported under this section shall be kept confidential and not made public under any circumstances. Information that gives industry totals, averages, and other similar data may be disclosed by the commission. (c) The procedure for the collection and dissemination of the information pursuant to this section shall be approved by the secretary. (Added by Stats. 2007, Ch. 124, Sec. 2. Effective January 1, 2008.)
  142. 68091.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The secretary must create a voting-eligibility list for kiwifruit producers and may require certain parties to provide producer contact and district information in writing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. ) ## 68091. The secretary shall establish a list of producers eligible to vote on implementation of this chapter. In establishing this list, the secretary shall require that handlers, county agricultural commissioners, and kiwifruit producers in this state submit the names, mailing addresses, and district numbers of all kiwifruit producers who produce kiwifruit. The request for such information shall be in writing. The list shall be filed within 30 days following receipt of the written notice. Any producer of kiwifruit whose name does not appear upon the secretary’s list of producers affected may have his or her name established on that list by filing with the secretary a signed statement, identifying himself or herself as a producer. Failure to be on the list does not exempt the producer from paying assessments under this chapter. (Amended by Stats. 1995, Ch. 727, Sec. 11. Effective January 1, 1996.)
  143. 68092.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This chapter does not become operative until the secretary conducts a referendum and finds the required producer participation and approval levels.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. ) ## 68092. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds, in a referendum conducted by the secretary, that at least 40 percent of the total number of producers from the list established by the secretary pursuant to Section 68091, participate, and either of the following: (a) Sixty-five percent or more of the producers who voted in the referendum, and the producers so voting marketed a majority or more of the total quantity of kiwifruit in the preceding season by all of the producers who voted in the referendum, voted in favor of this chapter. (b) A majority or more of the producers who voted in the referendum, and the producers so voting marketed 65 percent or more of the total quantity of kiwifruit in the preceding season by all of the producers who voted in the referendum, voted in favor of this chapter. (Amended by Stats. 1995, Ch. 727, Sec. 12. Effective January 1, 1996.)
  144. 68093.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The secretary must set the referendum period between 10 and 60 days, may add needed procedures, and may extend the period if the initial period is under 60 days.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. ) ## 68093. The secretary shall establish a period in which to conduct the referendum, which shall not be less than 10 days or more than 60 days in duration, and may prescribe such additional procedure as may be necessary to conduct a referendum. If the initial period established is less than 60 days, the secretary may extend the period. However, the total referendum period may not exceed 60 days. (Amended by Stats. 1995, Ch. 727, Sec. 13. Effective January 1, 1996.)
  145. 68094.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    A referendum is still valid even if a ballot was not received.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. ) ## 68094. Nonreceipt of a ballot shall not invalidate such a referendum. (Added by Stats. 1979, Ch. 1027.)
  146. 68095.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    If the secretary finds a favorable vote under Section 68092, the secretary must certify that result and notify all producers and handlers on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. ) ## 68095. If the secretary finds that a favorable vote has been given as provided in Section 68092, the secretary shall certify and give notice of the favorable vote to all producers and handlers whose names and addresses may be on file with the secretary. (Amended by Stats. 1995, Ch. 727, Sec. 14. Effective January 1, 1996.)
  147. 68096.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    If the secretary finds there was no favorable vote under Section 68092, the secretary must certify that fact and declare the chapter’s provisions inoperative.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. ) ## 68096. If the secretary finds that a favorable vote has not been given as provided in Section 68092, the secretary shall so certify and declare all provisions of this chapter inoperative. (Amended by Stats. 1995, Ch. 727, Sec. 15. Effective January 1, 1996.)
  148. 68097.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    After the commission is certified, the secretary must call district producer meetings to nominate and elect commission appointees, and must give listed producers written notice at least 15 days before the meeting date.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. ) ## 68097. Upon certification of the commission, the secretary shall call meetings of producers in each district for the purpose of nominating and electing persons for appointment to the commission by the secretary. All producers on the secretary’s list shall be given written notice of the election meetings at least 15 days prior to the meeting date. (Amended by Stats. 1995, Ch. 727, Sec. 16. Effective January 1, 1996.)
  149. 68098.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    After the first commissioner election, later commissioners must be chosen under nomination and election procedures set by the commission with the secretary’s concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. ) ## 68098. Subsequent to the first election of commissioners under this chapter, persons to be elected to the commission shall be selected pursuant to the nomination and election procedures established by the commission with the concurrence of the secretary. (Amended by Stats. 1995, Ch. 727, Sec. 17. Effective January 1, 1996.)
  150. 68099.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    Before the referendum vote, the commission’s proponents must deposit money with the secretary to cover voting-related expenses. Unused funds must be returned, and after the commission is established it may reimburse certain deposited funds and related legal costs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 5. Implementation and Voting Procedures [68091 - 68099] ( Article 5 added by Stats. 1979, Ch. 1027. ) ## 68099. Prior to the referendum vote conducted by the secretary pursuant to Section 68092, the proponents of the commission shall deposit with the secretary the amount the secretary may deem necessary to defray the expenses of preparing the necessary lists and information and conducting the vote. Any unused funds in carrying out Section 68092 shall be returned to the proponents of the commission who deposited the funds with the secretary. Upon establishment of the commission, the commission may reimburse the proponents of the commission for any funds deposited with the secretary that were used in carrying out Section 68092, and for any legal expenses and costs incurred in establishing the commission. (Amended by Stats. 1995, Ch. 727, Sec. 18. Effective January 1, 1996.)
  151. 68101.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The commission must set each year’s assessment by October 1, and the assessment is capped by a percentage or per-tray limit, whichever is less.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. ) ## 68101. (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 11/2 percent of the gross dollar value of kiwifruit marketed by or on behalf of producers during that marketing year. (Amended by Stats. 1996, Ch. 987, Sec. 3. Effective January 1, 1997.)
  152. 68101.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    For producers subject to this article, assessments are calculated from the total income or other valuable consideration received from kiwifruit sales, including partial sales.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. ) ## 68101.5. Assessments shall be based on the total income or other valuable consideration received from the sale of kiwifruit, in whole or in part, by every producer subject to this article. (Added by Stats. 1981, Ch. 606, Sec. 19.)
  153. 68102.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    Kiwifruit grown only for home use or ornamental purposes is outside this chapter, but the producer must file an affidavit with the commission saying the fruit is not produced for commercial purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. ) ## 68102. The provisions of this chapter do not apply to kiwifruit produced only for the producer’s home use or where the kiwifruit are used only for ornamental purposes; provided, however, that such producer shall file an affidavit with the commission establishing that his kiwifruit are not produced for commercial purposes. In any event, no production of kiwifruit is exempt from the assessment under this article when handled according to the provisions of this chapter. (Amended by Stats. 1981, Ch. 606, Sec. 20.)
  154. 68103.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    Every handler must keep complete and accurate kiwifruit shipment records, preserve them for two years, and provide them for inspection on written demand.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. ) ## 68103. Every handler shall keep a complete and accurate record of all kiwifruit shipped by him and the name of the producer whose kiwifruit were shipped. Such records shall be in simple form and contain such information as the commission shall prescribe. Such records shall be preserved by the handler for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. (Added by Stats. 1979, Ch. 1027.)
  155. 68104.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The commission or secretary must keep proprietary information from producers or handlers confidential and not disclose it, unless a court order after a hearing in a judicial proceeding involving this chapter requires disclosure.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. ) ## 68104. All proprietary information obtained by the commission or the secretary from producers or handlers is confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding involving this chapter. Information on volume shipments, crop value, and any other related information that is required for reports to governmental agencies, financial reports to the commission or aggregate sales and inventory information, and any other information that the commission requires, excluding individual handler information, may be disclosed by the commission. (Amended by Stats. 1995, Ch. 727, Sec. 19. Effective January 1, 1996.)
  156. 68105.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The first handler of assessed kiwifruit must deduct the assessment from what is paid to the producer and hold those funds in trust until they are paid to the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. ) ## 68105. Assessments provided for in this article shall be upon the producer. The handler first handling the kiwifruit being assessed shall deduct such assessments from amounts paid by him to the producer and shall be a trustee of such funds until they are paid to the commission at the time and in the manner prescribed by the commission. (Added by Stats. 1979, Ch. 1027.)
  157. 68106.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    Handlers are personally liable for paying collected assessments.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. ) ## 68106. Every handler shall be personally liable for the payment of the collected assessments, and failure of the handler to collect the assessment from any producer shall not exempt any handler from such liability. (Added by Stats. 1979, Ch. 1027.)
  158. 68107.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    Assessments levied under this chapter are a personal debt of each assessed producer, unless the producer proves a qualifying deduction or nonpayment circumstance to the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. ) ## 68107. (a) Any assessment that is levied as provided for in this chapter is a personal debt of every producer so assessed. However, no producer shall be liable for assessments if the producer can prove, by evidence satisfactory to the commission, that (1) the assessments were deducted by the handler from amounts paid to the producer, or (2) that the handler failed to pay the producer for kiwifruit purchased from or marketed on behalf of the producer. (b) Failure of a handler to collect assessments from amounts paid to the producer shall not relieve the producer of its obligation to pay the assessments. (Amended by Stats. 1995, Ch. 727, Sec. 19.5. Effective January 1, 1996.)
  159. 68108.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    If a producer or handler misses the commission’s deadline to file a return or pay an assessment, they must pay a 10% penalty plus 1.5% monthly interest on the unpaid balance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 6. Assessments and Records [68101 - 68108] ( Article 6 added by Stats. 1979, Ch. 1027. ) ## 68108. Any producer or handler who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of such assessment determined to be due and, in addition, 11/2 percent interest per month on the unpaid balance. The penalty and interest may be reduced or waived by the commission pursuant to procedures adopted by the commission. (Amended by Stats. 1995, Ch. 727, Sec. 20. Effective January 1, 1996.)
  160. 68111.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 7. Actions and Penalties [68111 - 68115] ( Article 7 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This section makes certain acts involving kiwifruit reports, records, shipment/marketing conduct, and requested information a misdemeanor, punishable by jail, a fine, or both.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 7. Actions and Penalties [68111 - 68115] ( Article 7 added by Stats. 1979, Ch. 1027. ) ## 68111. It shall be a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment, for any person to do any of the following: (a) Willfully to render or furnish a false report, statement, or record required by the commission, or in any way to affect the shipment and marketing of kiwifruit in order to avoid payment of assessments on the product’s highest value. (b) When engaged in the shipping of kiwifruit or in the wholesale or retail trade of kiwifruit, to fail or refuse to furnish to the commission or its duly authorized agents, upon request, information concerning the name and address of the persons from whom he has received kiwifruit and the quantity so received. (c) Secrete, destroy, or alter records required to be kept under the provisions of this chapter. (Amended by Stats. 1983, Ch. 1092, Sec. 129. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  161. 68112.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 7. Actions and Penalties [68111 - 68115] ( Article 7 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The commission must adopt procedures for claims against it and for informal hearings for aggrieved individuals. Appeals may go to the secretary, and the secretary’s determination is subject to judicial review in superior court.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 7. Actions and Penalties [68111 - 68115] ( Article 7 added by Stats. 1979, Ch. 1027. ) ## 68112. The commission shall adopt procedures for the purpose of addressing any claims relating to this chapter made against the commission or any of its individual members, alternates, employees, or agents, and for the purpose of granting individuals aggrieved by its actions or determinations an informal hearing before the commission, or before a committee of the commission designated for that purpose. Appeals from decisions of the commission may be made to the secretary. The determination of the secretary shall be subject to judicial review upon petition filed with the appropriate superior court. (Amended by Stats. 1995, Ch. 727, Sec. 21. Effective January 1, 1996.)
  162. 68113.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 7. Actions and Penalties [68111 - 68115] ( Article 7 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The commission may sue to collect assessments and civil penalties and to seek injunctions or specific performance; courts must grant requested attachment or injunctive relief if the complaint makes a prima facie showing, and the commission can recover reasonable attorney’s fees and related costs after a favorable judgment, subject to a stated exception.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 7. Actions and Penalties [68111 - 68115] ( Article 7 added by Stats. 1979, Ch. 1027. ) ## 68113. The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for the obtaining of injunctive relief or specific performance, respecting this chapter and the rules and regulations adopted under this chapter. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any other rule or regulation of the commission, including, but not limited to, the nonpayment of assessments. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief. A writ of attachment shall be issued pursuant to Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified by Section 485.010 is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or of inadequate remedy at law specified by Section 526 or 527 is not required. Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business regarding the commodity subject to this chapter until there is full compliance with and satisfaction of the judgment. Except as provided in Section 68054, upon a favorable judgment for the commission, it may receive reimbursement for any reasonable attorney’s fees and other related costs. Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. (Amended by Stats. 1992, Ch. 868, Sec. 4. Effective January 1, 1993.)
  163. 68114.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 7. Actions and Penalties [68111 - 68115] ( Article 7 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    The commission does not have to allege or prove that no adequate remedy at law exists in actions under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 7. Actions and Penalties [68111 - 68115] ( Article 7 added by Stats. 1979, Ch. 1027. ) ## 68114. It is not necessary for the commission to allege or prove that an adequate remedy at law does not exist in any action brought under this chapter. (Added by Stats. 1983, Ch. 525, Sec. 8.)
  164. 68115.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 7. Actions and Penalties [68111 - 68115] ( Article 7 added by Stats. 1979, Ch. 1027. )

    Verify source ↗

    This chapter must be interpreted broadly, and if part of it is held unconstitutional or invalid, the rest remains in effect.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 7. Actions and Penalties [68111 - 68115] ( Article 7 added by Stats. 1979, Ch. 1027. ) ## 68115. This chapter shall be liberally construed. If any section, clause, or part of this chapter is for any reason held to be unconstitutional or invalid as applied to any person or as applied under certain circumstances, that decision shall not affect the remaining portions of this chapter or the application of this chapter to any other persons or under any other circumstance. (Added by Stats. 1983, Ch. 525, Sec. 9.)
  165. 68131.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 8. Continuation, Suspension, and Termination [68131 - 68140] ( Heading of Article 8 renumbered from Article 9 by Stats. 1980, Ch. 676. )

    Verify source ↗

    The commission must conduct a referendum of producers during the stated period, and the secretary must certify the result. If the vote is favorable, the chapter stays effective; if not, the chapter and commission are suspended after the current marketing season ends. No bond or security is required for the referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 8. Continuation, Suspension, and Termination [68131 - 68140] ( Heading of Article 8 renumbered from Article 9 by Stats. 1980, Ch. 676. ) ## 68131. Between October 1, 1984, and September 30, 1985, the commission shall cause a referendum to be conducted among producers in the manner prescribed in Section 68092 to determine whether the operations of this chapter shall be reapproved and continued effective. If the secretary finds that a favorable vote has been given, the secretary shall so certify and all provisions of this chapter shall remain effective. If the secretary finds that a favorable vote has not been given, the secretary shall so certify and declare the operation of this chapter and the commission suspended upon the expiration of the current marketing season ending September 30, 1985. Thereupon, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 68134. No bond or security shall be required for any such referendum. (Amended by Stats. 1995, Ch. 727, Sec. 22. Effective January 1, 1996.)
  166. 68132.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 8. Continuation, Suspension, and Termination [68131 - 68140] ( Heading of Article 8 renumbered from Article 9 by Stats. 1980, Ch. 676. )

    Verify source ↗

    The commission must hold a referendum every fifth year, generally between October 1 and January 31, unless a petition-based referendum under Section 68133 changes the schedule.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 8. Continuation, Suspension, and Termination [68131 - 68140] ( Heading of Article 8 renumbered from Article 9 by Stats. 1980, Ch. 676. ) ## 68132. Following a favorable referendum conducted prior to September 30, 1985, a referendum shall be conducted by the commission every fifth year thereafter between October 1st and January 31st, following procedures provided by this section, unless a referendum is conducted as the result of a petition pursuant to Section 68133. In such case the referendum shall be every fifth year following the industry petitioned referendum. (Added by Stats. 1979, Ch. 1027.)
  167. 68133.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 8. Continuation, Suspension, and Termination [68131 - 68140] ( Heading of Article 8 renumbered from Article 9 by Stats. 1980, Ch. 676. )

    Verify source ↗

    This section lets the commission seek suspension of the chapter, but the secretary must run a referendum process and then continue or suspend the chapter based on the vote and participation rules.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 8. Continuation, Suspension, and Termination [68131 - 68140] ( Heading of Article 8 renumbered from Article 9 by Stats. 1980, Ch. 676. ) ## 68133. Upon the finding of a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the operation of this chapter shall be suspended. However, any suspension shall not become effective until the expiration of the current marketing season. The secretary shall, upon receipt of that recommendation, or may, after a public hearing to review a petition filed with the secretary requesting suspension, signed by 15 percent of the producers by number who produced not less than 15 percent of the volume in the immediately preceding season, cause a referendum to be conducted among the listed producers to determine if the operation and the operations of the commission shall be suspended, and shall establish a referendum period, which shall not be less than 10 or more than 60 days in duration. The secretary may prescribe any additional procedures that may be necessary to conduct a referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the referendum period. If at least 40 percent of the total number of producers from the list established by the secretary participate in the referendum, the secretary shall continue the operation of this chapter, if the secretary finds either one of the following: (a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of continuation, and the producers so voting marketed a majority or more of the total quantity of kiwifruit marketed in the preceding marketing season by all of the producers who voted in the referendum. (b) That a majority or more of the producers who voted in the referendum voted in favor of continuation, and that the producers so voting marketed 65 percent or more of the total quantity of kiwifruit marketed in the preceding season by all of the producers who voted in the referendum. Should the referendum fail to meet the requirements of subdivision (a) or (b), the secretary shall suspend the operation of this chapter upon the expiration of the current marketing season. (Amended by Stats. 1995, Ch. 727, Sec. 23. Effective January 1, 1996.)
  168. 68134.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 8. Continuation, Suspension, and Termination [68131 - 68140] ( Heading of Article 8 renumbered from Article 9 by Stats. 1980, Ch. 676. )

    Verify source ↗

    If the commission is suspended, it must wind up its operations and refund remaining assessment money pro rata to the assessed persons, unless the refund amounts are too small to make that practical.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 8. Continuation, Suspension, and Termination [68131 - 68140] ( Heading of Article 8 renumbered from Article 9 by Stats. 1980, Ch. 676. ) ## 68134. After the effective date of suspension of the operation of the provisions of this chapter and of the commission, the operations of the commission shall be concluded and any and all moneys remaining held by the commission, collected by assessment and not required to defray the expenses of concluding and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding current marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of the pro rata refund to those persons, any such moneys remaining and any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid to the University of California to fund research projects relating to kiwifruit. (Amended by Stats. 1983, Ch. 525, Sec. 10.)
  169. 68135.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 8. Continuation, Suspension, and Termination [68131 - 68140] ( Heading of Article 8 renumbered from Article 9 by Stats. 1980, Ch. 676. )

    Verify source ↗

    If the chapter and commission are suspended, the commission must mail a copy of the suspension notice to affected producers and handlers whose names and addresses are on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 8. Continuation, Suspension, and Termination [68131 - 68140] ( Heading of Article 8 renumbered from Article 9 by Stats. 1980, Ch. 676. ) ## 68135. Upon suspension of the operation of this chapter and of the commission, the commission shall mail a copy of the notice of suspension to all producers and handlers affected by such suspension whose names and addresses are on file. (Added by Stats. 1979, Ch. 1027.)
  170. 68140.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 8. Continuation, Suspension, and Termination [68131 - 68140] ( Heading of Article 8 renumbered from Article 9 by Stats. 1980, Ch. 676. )

    Verify source ↗

    If the chapter is repealed, the commission must dispose of any remaining money according to Section 68134.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 8. Continuation, Suspension, and Termination [68131 - 68140] ( Heading of Article 8 renumbered from Article 9 by Stats. 1980, Ch. 676. ) ## 68140. All moneys remaining held by the commission after the repeal of this chapter shall be disposed of in accordance with Section 68134. (Amended by Stats. 1981, Ch. 606, Sec. 24.)
  171. 68141.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 9. Quality Standards [68141 - 68144] ( Article 9 added by Stats. 2007, Ch. 124, Sec. 3. )

    Verify source ↗

    The commission may recommend kiwifruit quality standards to the secretary and may carry out other activities authorized under the California Marketing Act of 1937.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 9. Quality Standards [68141 - 68144] ( Article 9 added by Stats. 2007, Ch. 124, Sec. 3. ) ## 68141. The commission may recommend to the secretary the adoption of kiwifruit quality standards or engage in any other activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21). The adoption of standards or activities shall be in accordance with the procedures specified in that act unless otherwise specified in this article. (Added by Stats. 2007, Ch. 124, Sec. 3. Effective January 1, 2008.)
  172. 68142.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 9. Quality Standards [68141 - 68144] ( Article 9 added by Stats. 2007, Ch. 124, Sec. 3. )

    Verify source ↗

    Commission-recommended standards or activities do not take effect until approved under Section 68092.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 9. Quality Standards [68141 - 68144] ( Article 9 added by Stats. 2007, Ch. 124, Sec. 3. ) ## 68142. Any standards or activities recommended by the commission shall not become operative until approved in the manner specified in Section 68092. (Added by Stats. 2007, Ch. 124, Sec. 3. Effective January 1, 2008.)
  173. 68143.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 9. Quality Standards [68141 - 68144] ( Article 9 added by Stats. 2007, Ch. 124, Sec. 3. )

    Verify source ↗

    The secretary must implement standards or activities adopted under this article at the start of the next marketing season after they are approved.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 9. Quality Standards [68141 - 68144] ( Article 9 added by Stats. 2007, Ch. 124, Sec. 3. ) ## 68143. Any standards or activities adopted pursuant to this article shall be implemented by the secretary at the beginning of the marketing season next succeeding the date on which they were approved by the secretary. (Added by Stats. 2007, Ch. 124, Sec. 3. Effective January 1, 2008.)
  174. 68144.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 9. Quality Standards [68141 - 68144] ( Article 9 added by Stats. 2007, Ch. 124, Sec. 3. )

    Verify source ↗

    The commission must serve as an advisory body to the secretary on matters covered by this article.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 6. California Kiwifruit Commission [68001 - 68144] ( Chapter 6 added by Stats. 1979, Ch. 1027. ) ## ARTICLE 9. Quality Standards [68141 - 68144] ( Article 9 added by Stats. 2007, Ch. 124, Sec. 3. ) ## 68144. The commission shall serve as the advisory body to the secretary on all matters pertaining to this article. (Added by Stats. 2007, Ch. 124, Sec. 3. Effective January 1, 2008.)
  175. 69001.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 1. Declaration and General Provisions [69001 - 69007] ( Article 1 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    This section says California’s pistachio industry is growing and could become one of the state’s principal nut crops.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 1. Declaration and General Provisions [69001 - 69007] ( Article 1 added by Stats. 1980, Ch. 602. ) ## 69001. The pistachio industry in this state is expanding and has the potential to constitute one of California’s principal nut crops. The industry can provide an important source of employment for many people in the state, a high proportion of whom are from underprivileged and historically deprived segments of the population. (Added by Stats. 1980, Ch. 602.)
  176. 69002.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 1. Declaration and General Provisions [69001 - 69007] ( Article 1 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    This section says pistachio industry growth depends on effective advertising and promotion to create new markets.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 1. Declaration and General Provisions [69001 - 69007] ( Article 1 added by Stats. 1980, Ch. 602. ) ## 69002. As an exotic nut crop developed in the Mideast, the pistachio is not heavily consumed in this country or abroad. Opportunity exists for continued growth and expansion of the industry, by creating new markets in such areas. The success of such an expansion program is uniquely dependent upon effective advertising and promotion both domestically and in foreign countries, since the creation of new markets is essentially a matter of educating people to the use of a previously unknown or unrecognized food. (Added by Stats. 1980, Ch. 602.)
  177. 69003.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 1. Declaration and General Provisions [69001 - 69007] ( Article 1 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    This section says a California Pistachio Commission is needed for advertising and promotion of the pistachio industry.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 1. Declaration and General Provisions [69001 - 69007] ( Article 1 added by Stats. 1980, Ch. 602. ) ## 69003. The establishment of a California Pistachio Commission is necessary for the efficient development and management of a national and international advertising and promotion program, and essential to ensure that the California pistachio industry can compete successfully in the world marketplace and reduce the spread between consumer cost and the amount received by the producer. (Added by Stats. 1980, Ch. 602.)
  178. 69004.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 1. Declaration and General Provisions [69001 - 69007] ( Article 1 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    The law declares pistachio production and marketing in California to be a matter of public interest and states that this chapter is enacted under the state’s police power.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 1. Declaration and General Provisions [69001 - 69007] ( Article 1 added by Stats. 1980, Ch. 602. ) ## 69004. The production and marketing of pistachios produced in this state is hereby declared to be affected with a public interest. The provisions of this chapter are enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (Added by Stats. 1980, Ch. 602.)
  179. 69005.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 1. Declaration and General Provisions [69001 - 69007] ( Article 1 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    A commission form of administration created under this chapter is intended to handle advertising, promotion, marketing research, and production research.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 1. Declaration and General Provisions [69001 - 69007] ( Article 1 added by Stats. 1980, Ch. 602. ) ## 69005. A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and production research. (Added by Stats. 1980, Ch. 602.)
  180. 69006.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 1. Declaration and General Provisions [69001 - 69007] ( Article 1 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    Actions taken by the commission, and by individuals acting under this chapter or its regulations, are not treated as violations of specified antitrust and unfair competition laws.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 1. Declaration and General Provisions [69001 - 69007] ( Article 1 added by Stats. 1980, Ch. 602. ) ## 69006. No action taken by the commission, nor by any individual in accordance with this chapter or with rules and regulations adopted under the chapter, shall be deemed a violation of the Cartwright Act, the Unfair Practices Act, the Fair Trade Act, Section 1673 of the Civil Code, or any rule of statutory or common law against monopolies or combinations in restraint of trade. (Added by Stats. 1980, Ch. 602.)
  181. 69007.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 1. Declaration and General Provisions [69001 - 69007] ( Article 1 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    This chapter is to be liberally construed, and its provisions are severable.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 1. Declaration and General Provisions [69001 - 69007] ( Article 1 added by Stats. 1980, Ch. 602. ) ## 69007. This chapter shall be liberally construed. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 1995, Ch. 727, Sec. 24. Effective January 1, 1996.)
  182. 6901.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Other Regulations [6901 - 6988] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Inspections and Standards of Cleanliness [6901 - 6904] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must provide for periodic nursery inspections and may set cleanliness standards for nursery stock produced or sold in the state.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Other Regulations [6901 - 6988] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Inspections and Standards of Cleanliness [6901 - 6904] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6901. The director by regulation shall provide for periodic inspections of nurseries and may prescribe standards of cleanliness for nursery stock which is produced or sold within the state. (Enacted by Stats. 1967, Ch. 15.)
  183. 69011.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    The definitions in this article control how this chapter is read, unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69011. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1980, Ch. 602.)
  184. 69012.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    “Pistachio” is defined to mean any variety of pistachio produced in the state, including pistachios delivered to a processor for processing into any pistachio product.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69012. “Pistachio” means any variety of pistachio produced in the state, including any pistachios delivered to a processor for processing into any pistachio product. (Added by Stats. 1980, Ch. 602.)
  185. 69013.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    This section defines “books and records” for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69013. “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to the provisions of this chapter. (Added by Stats. 1980, Ch. 602.)
  186. 69014.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    “Commission” means the California Pistachio Commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69014. “Commission” means the California Pistachio Commission. (Added by Stats. 1980, Ch. 602.)
  187. 69015.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    “Commissioner” means any member of the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69015. “Commissioner” means any member of the commission. (Added by Stats. 1980, Ch. 602.)
  188. 69016.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    This section defines “distribute” as engaging in the business of a distributor.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69016. “Distribute” means to engage in the business of a distributor. (Added by Stats. 1980, Ch. 602.)
  189. 69018.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    In this section, “Secretary” means the Secretary of Food and Agriculture.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69018. “Secretary” means the Secretary of Food and Agriculture. (Amended by Stats. 1995, Ch. 727, Sec. 25. Effective January 1, 1996.)
  190. 69019.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    The commission may change district boundaries if two-thirds of the commission votes to do so and the secretary concurs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69019. “Districts” shall consist of the following: (a) District 1 consists of Tulare, Kern, San Bernardino, San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, Riverside, San Diego, and Imperial Counties. (b) District 2 consists of Kings, Fresno, Madera, and Merced Counties. (c) District 3 consists of all counties where pistachios are produced that are not included in Districts 1 and 2. The boundaries of any district may be changed by a two-thirds vote of the commission, which is concurred in by the secretary, to ensure proper representation by producers. The boundaries need not coincide with county lines. (Amended by Stats. 1995, Ch. 727, Sec. 26. Effective January 1, 1996.)
  191. 6902.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Other Regulations [6901 - 6988] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Inspections and Standards of Cleanliness [6901 - 6904] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section says the cleanliness standards may set pest-control and cleanliness requirements for nursery stock.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Other Regulations [6901 - 6988] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Inspections and Standards of Cleanliness [6901 - 6904] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6902. The standards of cleanliness may: (a) Provide that all nursery stock shall be kept free from pests of limited distribution or pests which are not known to be established in this state and commercially clean in respect to established pests of general distribution. (b) Prescribe methods of treatment of various types of nursery stock for control of pests. (c) Require isolation of infested or infected nursery stock pending treatment or other disposal. (d) Make such other provisions as are reasonably necessary to insure the relative freedom from pests of all nursery stock which is produced or sold within the state. (Enacted by Stats. 1967, Ch. 15.)
  192. 69020.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

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    “Ex officio member” means a nonvoting member of the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69020. “Ex officio member” shall be a nonvoting member of the commission. (Added by Stats. 1980, Ch. 602.)
  193. 69022.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

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    This section defines “processor” and “first handler” for pistachios, and sets an exception for certain retailers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69022. “Processor” and “first handler” are synonymous and mean any person engaged, within this state, in the operation of hulling and drying pistachios that he or she has produced or purchased or acquired from a producer, or that he or she is hulling and drying on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. “Processor” does not include, however, a retailer, except a retailer who purchases or acquires from, or hulls and dries on behalf of, any producer, pistachios that were not previously subject to regulation by the commission. When the processor is a corporation, all the directors and officers of the corporation in their capacity as individuals are included, and any liability for failure to collect or make payment of assessments to which a corporate processor may be subject pursuant to this chapter includes the same liability for each individual director or officer of the corporation. (Amended by Stats. 1997, Ch. 726, Sec. 5. Effective January 1, 1998.)
  194. 69023.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

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    “Marketing research” means any research relating to the sale of pistachios.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69023. “Marketing research” means any research relating to the sale of pistachios. (Added by Stats. 1980, Ch. 602.)
  195. 69024.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

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    This section defines “marketing season” or “fiscal year” as the period from September 1 through August 31 of the following year.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69024. “Marketing season” or “fiscal year” means the period beginning September 1 of any year and extending through the last day of August of the following year. (Added by Stats. 1980, Ch. 602.)
  196. 69025.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

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    “Process” means to engage in the business of a processor.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69025. “Process” means to engage in the business of a processor. (Added by Stats. 1980, Ch. 602.)
  197. 69027.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

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    This section defines “producer” or “grower” for pistachios as a person engaged in producing pistachios in this state, or causing them to be produced for market, who provides proof of commodity sale on request.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69027. “Producer” or “grower” means any person who is engaged within this state in the business of producing, or causing to be produced for market, pistachios, and who, upon request, provides proof of commodity sale. (Amended by Stats. 1986, Ch. 391, Sec. 1. Effective July 17, 1986.)
  198. 69028.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    This section defines “production research” as research related to producing pistachios.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69028. “Production research” means any research relating to the production of pistachios. (Added by Stats. 1980, Ch. 602.)
  199. 69029.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. )

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    This section defines “producer-supplier” for pistachios and says a corporate producer-supplier’s directors and officers are included for certain liability purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 2. Definitions [69011 - 69030] ( Article 2 added by Stats. 1980, Ch. 602. ) ## 69029. “Producer-supplier” means any producer who engages in the operation of selling, marketing, or distributing pistachios that he or she has produced, or has purchased or acquired from a processor. It does not, however, include a retailer, except a retailer who purchases or acquires from, or sells, markets, or distributes on behalf of any producer, pistachios that were not previously subject to regulation by the commission. When the producer-supplier is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for failure to submit records pursuant to a requirement to which a corporate producer-supplier may be subject pursuant to this chapter shall include identical liability upon each individual director and officer of the corporation. (Added by Stats. 1997, Ch. 726, Sec. 7. Effective January 1, 1998.)
  200. 6903.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Other Regulations [6901 - 6988] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Inspections and Standards of Cleanliness [6901 - 6904] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must inspect all nurseries within his jurisdiction when the director’s regulations require it.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Other Regulations [6901 - 6988] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Inspections and Standards of Cleanliness [6901 - 6904] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6903. The commissioner shall inspect all nurseries within his jurisdiction when and as required by the regulations of the director. (Enacted by Stats. 1967, Ch. 15.)

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