Food and Agricultural Code — Part 34 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 34 of 48 · provisions 6,601–6,800

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. 69030.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    If the secretary must concur in a commission decision, the secretary must respond to the commission within 15 working days after notification.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 69030. 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 that decision. The response may be a request that additional information be provided. (Added by renumbering Section 69029 by Stats. 1997, Ch. 726, Sec. 6. Effective January 1, 1998.)
  2. 69031.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

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    The California Pistachio Commission must have eight pistachio producers and one public member, with district producers elected and the public member appointed 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69031. There is in the state government the California Pistachio Commission. The commission shall be composed of eight pistachio producers and one public member. Producers within the respective districts shall elect four producers from District 1, three producers from District 2, and one producer from District 3. The public member shall be appointed to the commission by the secretary from the nominees recommended by the commission. The secretary 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. 28. Effective January 1, 1996.)
  3. 69032.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

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    The secretary may order the commission to stop or fix activities that are not in the public interest or violate this chapter, 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69032. The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be in the public interest or to be in violation of this chapter. If the commission refuses or fails to cease those activities or functions or to make corrections required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities or functions of the commission until 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 are without legal force or effect. The secretary, to the extent feasible, shall issue 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. 29. Effective January 1, 1996.)
  4. 69033.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

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    The commission or the secretary may ask a court for judicial relief from a written notice or from the commission’s noncompliance with that notice.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69033. The commission or the 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. 30. Effective January 1, 1996.)
  5. 69033.5.

    ## 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

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    The commission must reimburse the secretary for expenditures made while the secretary is carrying out duties 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69033.5. 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 the responsibility for payment of the secretary’s legal costs with regard to the action. (Amended by Stats. 1995, Ch. 727, Sec. 31. Effective January 1, 1996.)
  6. 69034.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

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    Most commission members must have an alternate member, and that alternate steps in when the member is absent or unable to serve.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69034. Each member of the commission, except the ex officio members, shall have an alternate member to be elected in the same manner as the member. An alternate member shall, in the absence of the member for whom he is alternate, serve in place of the member on the commission, and shall have and be able to exercise 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. (Added by Stats. 1980, Ch. 602.)
  7. 69035.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

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    Vacancies on the commission are filled by majority vote of the commission, 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69035. 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 the member ineligible to serve, or due to death, removal, or resignation, shall be filled, for the unexpired portion of the term, by a majority vote of the commission. However, that person shall fulfill all the qualifications set forth in this article as required for the member whose office that person is to fill. The 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 the secretary determines that any such person is not qualified. (Amended by Stats. 1995, Ch. 727, Sec. 32. Effective January 1, 1996.)
  8. 69036.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

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    A producer member or alternate on the commission must meet specified producer/financial-interest qualifications, and the qualification must continue for the whole term of office.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69036. A producer member or his alternate on the commission shall be an individual, partner, or employee of a producer who has a financial interest in producing, or causing to be produced, pistachios for market. Not more than two such members shall be persons employed by, or connected in a proprietary capacity with, the same corporation, firm, partnership, association, or business organization and not more than one such member in any one district shall be so employed or connected. Qualification as a producer member must continue during the entire term of office. (Added by Stats. 1980, Ch. 602.)
  9. 69037.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

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    The public member or the public member’s alternate has the same powers, rights, and privileges as any other commission member, and the public member may not have a financial interest in 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69037. 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 pistachio industry. (Added by Stats. 1980, Ch. 602.)
  10. 69038.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

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    Commissioners generally serve two-year terms, except ex officio members, and the first commissioners’ terms are split between one year and two years by lot.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69038. The term of office of all commissioners, except any ex officio member, shall be 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 of the producers shall serve for one year, and one-half of the producers shall serve for two years, with the determination of term of each such member to be made by lot at the time of election. Terms of office of each commissioner shall be limited to four consecutive terms. (Added by Stats. 1980, Ch. 602.)
  11. 69039.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

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    The commission is created as a corporate body and has corporate powers, including the ability to sue, be sued, contract, and adopt 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69039. 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. 1980, Ch. 602.)
  12. 6904.

    ## 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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    The commissioner must issue orders that are reasonably necessary to ensure compliance with standards of cleanliness, and any interested person may request a hearing before the director to review such an order.

    ## 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. ) ## 6904. The commissioner shall issue such orders as may reasonably be necessary to insure compliance with the standards of cleanliness. Any interested person, upon request, is entitled to a hearing before the director to review any order which is issued by a commissioner pursuant to this section. (Enacted by Stats. 1967, Ch. 15.)
  13. 69040.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

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    A quorum of the commission is any five voting commissioners.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69040. A quorum of the commission shall be any five voting commissioners. Except as provided in Sections 69019 and 69102, the vote of a majority of members present at a meeting at which there is quorum shall constitute the act of the commission. (Added by Stats. 1980, Ch. 602.)
  14. 69041.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

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    The secretary or the secretary’s representatives may attend commission and committee meetings, and they must be notified of those meetings.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69041. 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. (Amended by Stats. 1995, Ch. 727, Sec. 33. Effective January 1, 1996.)
  15. 69042.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

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    Some commission members may be paid up to $100 per day plus approved travel and meal expenses, but commissioners and nonmember committee members cannot receive a salary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69042. 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 at, 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. (Added by Stats. 1980, Ch. 602.)
  16. 69043.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    The commission must deposit covered money in banks it designates, and any agents used for disbursement must be covered 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69043. 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 amount of not less than twenty-five thousand dollars ($25,000). (Added by Stats. 1980, Ch. 602.)
  17. 69044.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    The state and commission personnel are protected from liability for commission acts and contracts, with a narrow exception for a person’s own 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69044. The state is not 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, is personally liable on the contracts of the commission and no commissioner, alternate member, or employee of the commission is responsible individually in any way to any producer, processor, producer-supplier, 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 or her own 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 the commission. The liability of the commissioners is several and not joint, and no commissioner is liable for the default of any other commissioner. (Amended by Stats. 1997, Ch. 726, Sec. 8. Effective January 1, 1998.)
  18. 69045.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    The commission and the secretary must keep proprietary information confidential, with disclosure allowed only under a court order after a hearing 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 3. The California Pistachio Commission [69031 - 69045] ( Article 3 added by Stats. 1980, Ch. 602. ) ## 69045. All proprietary information obtained by the commission or the secretary from producers, processors, or producer-suppliers shall be 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 processors or producer-suppliers request from the commission to receive in total, excluding individual processor or producer-supplier information, may be disclosed by the commission. (Added by renumbering Section 69084 by Stats. 1997, Ch. 726, Sec. 11. Effective January 1, 1998.)
  19. 69051.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [69051- 69051.] ( Article 4 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    The commission has broad power to make rules, run the chapter, hire staff, manage finances and records, and promote 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 4. Powers and Duties of the Commission [69051- 69051.] ( Article 4 added by Stats. 1980, Ch. 602. ) ## 69051. The powers and duties of the commission, subject to Sections 69032 and 69033, 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 rules for appeals from any bylaw, rule, regulation, or order of the commission. The adoption, alteration, rescission, modification, or amendment of any bylaw, rule, regulation, or order implementing the brand-credit advertising program authorized pursuant to subdivision (i) is subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (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 determined 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 determines necessary. The officers have the powers and duties delegated to them by the commission. (d) To employ a manager to serve at the pleasure of the commission as president and chief executive officer of the commission, and other personnel, including legal counsel, that are necessary to carry out this chapter. The commission may retain a management firm or the 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 manager 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 manager. (e) To fix the compensation for all employees of the commission. (f) To appoint committees composed of both members and nonmembers of the commission, such as a processor advisory committee, to advise the commission in carrying out this chapter. (g) To establish offices and incur expenses, invest funds in the permissible investments as specified in Section 58939, enter into any and all contracts and agreements, and create liabilities and borrow funds in advance of receipt of assessments as 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 of pistachios, copies of which shall also be submitted to the Legislature and the department. In addition, the secretary may, as the secretary determines necessary, conduct or cause to be conducted a fiscal and compliance audit of the commission. The Department of Finance may audit books, records, and accounts of the commission at any time. (i) To promote the sale of pistachios by advertising and other promotional means, including cost-sharing advertising of pistachios or other complementary products and brand-credit advertising, for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for pistachios, and to educate and instruct the public with respect to the uses, healthful properties, and nutritional value of pistachios. Any decision to implement a brand-credit advertising program shall be ratified by a vote of producers conducted pursuant to Section 69062. (j) To require processors and producer-suppliers to provide records and other information necessary for the commission to carry out the purposes of this chapter, including, but not limited to, records and information regarding inventories, shipment destinations, and related information. Such records and information shall be preserved by the processor or producer-supplier 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. (k) To educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling pistachios, make market surveys and analyses, and present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the marketing of pistachios. (l) 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 as the commission may determine necessary for the promotion of the sale of pistachios. (m) To 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 cultural and production practices, and marketing and distribution of pistachios. In connection with the research, the commission may accept contributions of, or match, private, state, or federal funds that may be available for these purposes, and employ or make contributions of funds to other persons or state or federal agencies conducting the research. (n) To publish and distribute, without charge, a bulletin or other communication for dissemination of information relating to the pistachio industry to producers, processors, and producer-suppliers. (o) To establish an assessment rate to defray operating costs of the commission. Any assessment rate established pursuant to this chapter may be modified in accordance with Section 69081. (p) To establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the secretary prior to disbursement of funds, except for disbursements made pursuant to subdivision (e). (q) To submit to the secretary, for his or her concurrence, an annual statement of contemplated activities authorized under this chapter, including advertising, promotion, marketing research, and production research. (r) To administer any governmental program establishing quality standards for the pistachio industry upon request of an authorized agent of a governmental agency. (Amended by Stats. 1997, Ch. 726, Sec. 9. Effective January 1, 1998.)
  20. 69061.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    The secretary must create and manage a voter-eligibility list for the chapter, and eligible producers can get their names added by filing a signed statement.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. ) ## 69061. Within 90 days after January 1, 1981, the secretary shall establish a list of producers eligible to vote on implementation of this chapter. In establishing the list, the secretary shall require that processors, county agricultural commissioners, and pistachio producers submit the names, mailing addresses, and district numbers of all pistachio producers who produce merchantable pistachios. The request for the information shall be in writing. The list shall be filed within 30 days following receipt of the written notice. Any producer of pistachios, whose name does not appear upon the secretary’s list of producers affected, may have his or her name established on the 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. 34. Effective January 1, 1996.)
  21. 69062.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    This chapter does not take effect until the secretary finds the referendum 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. ) ## 69062. 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 69061, participate, and either of the following: (a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of this chapter, and the producers so voting marketed a majority of the total quantity of pistachios in the preceding season, or in the current season if the harvest and delivery of pistachios to processors is complete, as determined by the commission, by all of the producers who voted in the referendum. (b) A majority 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 pistachios in the preceding season, or in the current season if the harvest and delivery of pistachios to processors is complete, as determined by the commission, by all of the producers who voted in the referendum. (Amended by Stats. 1995, Ch. 727, Sec. 35. Effective January 1, 1996.)
  22. 69063.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    The secretary must set the referendum period, which must be between 10 and 60 days, and may add procedures or extend the period in some cases.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. ) ## 69063. The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days or more than 60 days in duration, and may prescribe additional procedures necessary to conduct the 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. 36. Effective January 1, 1996.)
  23. 69064.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    A referendum is not invalid just because 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. ) ## 69064. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 1980, Ch. 602.)
  24. 69065.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    If the secretary finds a favorable vote under Section 69062, the secretary must certify it and notify all producers 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. ) ## 69065. If the secretary finds that a favorable vote has been given as provided in Section 69062, the secretary shall certify and give notice of the favorable vote to all producers whose names and addresses may be on file with the secretary. (Amended by Stats. 1995, Ch. 727, Sec. 37. Effective January 1, 1996.)
  25. 69066.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    If the secretary finds there was no favorable vote under Section 69062, the secretary must certify that fact and declare 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. ) ## 69066. If the secretary finds that a favorable vote has not been given as provided in Section 69062, the secretary shall so certify and declare this chapter inoperative. (Amended by Stats. 1995, Ch. 727, Sec. 38. Effective January 1, 1996.)
  26. 69067.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    After the commission is certified, the secretary must call producer meetings in each district to nominate and elect people for appointment to the commission, and must give written notice of the election meetings to producers on the secretary’s list 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. ) ## 69067. 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. 39. Effective January 1, 1996.)
  27. 69068.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    Producer nominees must file a nomination petition with the secretary, signed by at least six eligible persons from the district where they are seeking election, to be eligible for election 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. ) ## 69068. To be eligible for election to the commission, producer nominees shall present to the secretary a nomination petition with the signatures of at least six eligible persons, as specified in Section 69068.5, from the district from which the nominee is seeking election. (Amended by Stats. 1995, Ch. 727, Sec. 40. Effective January 1, 1996.)
  28. 69068.5.

    ## 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    A person may sign a nomination petition only if they meet one of the listed 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. ) ## 69068.5. To be eligible to sign a nomination petition pursuant to Section 69068, a person shall meet either of the following qualifications: (a) Be a producer as provided in Section 69027. (b) Be engaged within this state in the business of growing nonproducing pistachio trees for the purpose of becoming a producer as defined in Section 69027 and who is not otherwise exempt from this chapter pursuant to Section 69082. (Added by Stats. 1986, Ch. 391, Sec. 4. Effective July 17, 1986.)
  29. 69069.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    After the first commissioner election, the commission must set the nomination and election procedures, and the secretary must concur.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. ) ## 69069. Subsequent to the first election of commissioners under this chapter, persons to be elected to the commission shall be selected pursuant to nomination and election procedures that shall be established by the commission with the concurrence of the secretary. (Amended by Stats. 1995, Ch. 727, Sec. 41. Effective January 1, 1996.)
  30. 69070.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    Before the referendum vote, the commission’s proponents must deposit an amount with the secretary that the secretary considers necessary. Unused funds must be returned, and the commission may later reimburse certain deposited funds and related legal costs after the commission is established.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [69061 - 69070] ( Article 5 added by Stats. 1980, Ch. 602. ) ## 69070. Prior to the referendum vote conducted by the secretary pursuant to Section 69062, the proponents of the commission shall deposit with the secretary the amount that the secretary may deem necessary to defray the expenses of preparing the necessary lists and information and conducting the vote. Any funds not used in carrying out Section 69062 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 69062, and for any legal expenses and costs incurred in establishing the commission. (Amended by Stats. 1995, Ch. 727, Sec. 42. Effective January 1, 1996.)
  31. 69081.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [69081 - 69088] ( Article 6 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    The commission must set the annual assessment by October 1, and it cannot exceed 5% of the average price received by producers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [69081 - 69088] ( Article 6 added by Stats. 1980, Ch. 602. ) ## 69081. The commission, not later than October 1 of each year, shall establish the assessment for the marketing season that begins September 1 and continues through August 31 of the following year, which shall not exceed 5 percent of the average price received by producers, computed on a per pound basis or computed in any other manner determined by the commission to be reasonably equivalent to the per pound computation. The commission may revise the assessment established prior to October 1 of each year if it determines, based on information including crop volume, that the action is necessary, and if the revision does not exceed the assessment limitations specified in this section and the modification is made prior to the date established by the commission for payment of the assessment. (Amended by Stats. 1997, Ch. 726, Sec. 10. Effective January 1, 1998.)
  32. 69082.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [69081 - 69088] ( Article 6 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    This section exempts pistachios grown only for home use or ornamental purposes from the chapter, but the producer must file an affidavit with the commission showing they are 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 6. Assessments and Records [69081 - 69088] ( Article 6 added by Stats. 1980, Ch. 602. ) ## 69082. The provisions of this chapter do not apply to pistachios produced only for the producer’s home use or where the pistachios are used only for ornamental purposes; provided, however, that such producer shall file an affidavit with the commission establishing that his pistachios are not produced for commercial purposes. In any event, no production of pistachios in excess of 1,000 dried pounds per year is exempt from the assessment under this article. (Added by Stats. 1980, Ch. 602.)
  33. 69083.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [69081 - 69088] ( Article 6 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    Processors must keep accurate records of processed pistachios, keep the producer’s name, preserve the records for two years, and provide them for inspection when the commission writes demanding inspection.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [69081 - 69088] ( Article 6 added by Stats. 1980, Ch. 602. ) ## 69083. Every processor shall keep a complete and accurate record of all pistachios processed by him with the name of the producer whose pistachios were processed. Such records shall be in simple form and contain such information as the commission shall prescribe. Such records shall be preserved by the processor 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. 1980, Ch. 602.)
  34. 69085.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [69081 - 69088] ( Article 6 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    Assessments for pistachios are imposed on the producer, and the first handler must deduct or collect the assessment and hold the funds as trustee 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 6. Assessments and Records [69081 - 69088] ( Article 6 added by Stats. 1980, Ch. 602. ) ## 69085. Assessments shall be upon the producer. The first handler of pistachios being assessed shall deduct the assessment from amounts paid by him or her to the producer, or shall collect the assessment from the producer, and shall be a trustee of the funds until they are paid to the commission at the time and in the manner prescribed by the commission. (Amended by Stats. 1997, Ch. 726, Sec. 12. Effective January 1, 1998.)
  35. 69086.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [69081 - 69088] ( Article 6 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    Processors are personally liable for paying collected assessments, and they are not excused if they fail to collect an assessment from a producer.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [69081 - 69088] ( Article 6 added by Stats. 1980, Ch. 602. ) ## 69086. Every processor shall be personally liable for the payment of the collected assessments, and failure of the processor to collect the assessment from any producer shall not exempt any processor from such liability. (Added by Stats. 1980, Ch. 602.)
  36. 69087.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [69081 - 69088] ( Article 6 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    A levied assessment is a personal debt of each assessed producer, and a processor’s failure to pay it does not excuse the producer.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [69081 - 69088] ( Article 6 added by Stats. 1980, Ch. 602. ) ## 69087. Any assessment which is levied as provided for in this chapter, is a personal debt of every producer so assessed. Failure of a processor to make payment of the collected assessment to the commission shall not relieve the producer of this obligation. (Added by Stats. 1980, Ch. 602.)
  37. 69088.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [69081 - 69088] ( Article 6 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    If a producer or processor misses a required return or assessment payment, they must pay a 10% penalty plus monthly interest, and the commission may require a surety bond for unpaid assessments or related charges.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [69081 - 69088] ( Article 6 added by Stats. 1980, Ch. 602. ) ## 69088. (a) Any producer or processor 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 the assessment determined to be past due and, in addition, interest on the unpaid balance at the rate of 11/2 percent per month. (b) In addition to any other penalty imposed, the commission may require any person who fails to pay any assessment or related charge pursuant to this article to furnish and maintain a surety bond in a form and amount and for a period of time specified by the commission as assurance that all payments to the commission will be made when due. (Amended by Stats. 1985, Ch. 1004, Sec. 14. Effective September 26, 1985.)
  38. 69091.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [69091 - 69093] ( Article 7 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    This section makes it a misdemeanor to submit false commission reports, refuse requested pistachio information or records, or hide, destroy, or alter required records.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [69091 - 69093] ( Article 7 added by Stats. 1980, Ch. 602. ) ## 69091. It is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding five hundred dollars ($500), 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. (b) When engaged in the processing or marketing of pistachios or in the wholesale or retail trade of pistachios, 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 or she has received pistachios and the quantity so received, or any other report, statement, or record required by the commission. (c) Secrete, destroy, or alter records required to be kept under the provisions of this chapter. (Amended by Stats. 1997, Ch. 726, Sec. 13. Effective January 1, 1998.)
  39. 69092.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [69091 - 69093] ( Article 7 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    The commission must adopt procedures that give aggrieved individuals an informal hearing, and appeals from commission decisions may be taken to 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 7. Actions and Penalties [69091 - 69093] ( Article 7 added by Stats. 1980, Ch. 602. ) ## 69092. The commission shall adopt 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 petition filed with the appropriate superior court. (Amended by Stats. 1995, Ch. 727, Sec. 44. Effective January 1, 1996.)
  40. 69093.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [69091 - 69093] ( Article 7 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    The commission may sue to collect assessments and civil penalties and seek injunctions or specific performance. Courts must grant requested attachment or injunctive relief on the required showing, no bond is required from the commission, and a successful judgment can stop the defendant’s business until the judgment is 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 7. Actions and Penalties [69091 - 69093] ( Article 7 added by Stats. 1980, Ch. 602. ) ## 69093. 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. Notwithstanding Section 69033.5, upon a favorable judgment for the commission, it may receive reimbursement for any reasonable attorney’s fees and other actual 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. 5. Effective January 1, 1993.)
  41. 69101.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [69101 - 69105] ( Article 8 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    The commission must hold a referendum of producers between September 1, 1985, and August 31, 1986. If the secretary finds a favorable vote, the chapter stays effective; if not, the secretary must certify suspension at the end of the 1986 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 8. Continuation or Suspension and Termination [69101 - 69105] ( Article 8 added by Stats. 1980, Ch. 602. ) ## 69101. Between September 1, 1985, and August 31, 1986, the commission shall cause a referendum to be conducted among producers in the manner prescribed in Section 69062 to determine whether the operations of this chapter shall be reapproved and continued in effect. If the secretary finds that a favorable vote has been given, the secretary shall so certify and 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 marketing season ending August 31, 1986. Thereupon, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 69104. No bond or security shall be required for any such referendum. (Amended by Stats. 1995, Ch. 727, Sec. 45. Effective January 1, 1996.)
  42. 69102.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [69101 - 69105] ( Article 8 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    The commission must conduct a referendum every fifth year, generally between October 1 and January 31, unless a petition under Section 69103 changes the cycle.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [69101 - 69105] ( Article 8 added by Stats. 1980, Ch. 602. ) ## 69102. Following a favorable referendum conducted prior to August 31, 1986, 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 69103. In such case the referendum shall be every fifth year following the industry petitioned referendum. (Added by Stats. 1980, Ch. 602.)
  43. 69103.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [69101 - 69105] ( Article 8 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    The commission may recommend suspension of the chapter, and the secretary must run a referendum and follow stated timing and vote thresholds before suspension or continuation takes 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 8. Continuation or Suspension and Termination [69101 - 69105] ( Article 8 added by Stats. 1980, Ch. 602. ) ## 69103. Upon a finding by 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 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. The secretary shall establish a referendum period, that shall not be less than 10 days or more than 60 days in duration. The secretary may prescribe additional procedures 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 of this chapter, and the producers so voting marketed a majority or more of the total quantity of pistachios marketed in the preceding marketing season by all of the producers who voted in the referendum. (b) A majority of the producers who voted in the referendum voted in favor of continuation of this chapter, and that the producers so voting marketed 65 percent or more of the total quantity of pistachios marketed in the preceding season by all of the producers who voted in the referendum. (Amended by Stats. 1995, Ch. 727, Sec. 46. Effective January 1, 1996.)
  44. 69104.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [69101 - 69105] ( Article 8 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    If the commission is suspended, it must wind up its operations and return remaining assessment money pro rata to the people who paid it, unless the refund amounts are too small to calculate and send efficiently.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [69101 - 69105] ( Article 8 added by Stats. 1980, Ch. 602. ) ## 69104. 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; provided further, however, that if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of such pro rata refund to such 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 into the State Treasury as unclaimed trust moneys. (Added by Stats. 1980, Ch. 602.)
  45. 69105.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [69101 - 69105] ( Article 8 added by Stats. 1980, Ch. 602. )

    Verify source ↗

    If the chapter and commission are suspended, the commission must mail the suspension notice to affected producers 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 8. Continuation or Suspension and Termination [69101 - 69105] ( Article 8 added by Stats. 1980, Ch. 602. ) ## 69105. 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 affected by the suspension whose names and addresses are on file. (Added by Stats. 1980, Ch. 602.)
  46. 69111.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9. Marketing Order Involvement [69111 - 69114] ( Article 9 added by Stats. 1988, Ch. 772, Sec. 2. )

    Verify source ↗

    The commission may recommend that the secretary adopt pistachio quality standards, product labeling, or other activities authorized by 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 9. Marketing Order Involvement [69111 - 69114] ( Article 9 added by Stats. 1988, Ch. 772, Sec. 2. ) ## 69111. The commission may recommend to the secretary that he or she adopt pistachio quality standards, product labeling, 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 any of these activities shall be in accordance with the procedures specified in that act unless otherwise specified in this article. (Amended by Stats. 1995, Ch. 727, Sec. 47. Effective January 1, 1996.)
  47. 69112.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9. Marketing Order Involvement [69111 - 69114] ( Article 9 added by Stats. 1988, Ch. 772, Sec. 2. )

    Verify source ↗

    Commission-recommended activities do not take effect until approved under Section 69062.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9. Marketing Order Involvement [69111 - 69114] ( Article 9 added by Stats. 1988, Ch. 772, Sec. 2. ) ## 69112. Any activity recommended by the commission shall not become operative until approved in the manner specified in Section 69062. (Added by Stats. 1988, Ch. 772, Sec. 2.)
  48. 69113.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9. Marketing Order Involvement [69111 - 69114] ( Article 9 added by Stats. 1988, Ch. 772, Sec. 2. )

    Verify source ↗

    The secretary must implement any activity adopted under this article at the start of the next marketing season after approving 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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 9. Marketing Order Involvement [69111 - 69114] ( Article 9 added by Stats. 1988, Ch. 772, Sec. 2. ) ## 69113. Any activity adopted pursuant to this article shall be implemented by the secretary at the beginning of the marketing season next succeeding the date on which the activity is approved by the secretary. (Amended by Stats. 1995, Ch. 727, Sec. 48. Effective January 1, 1996.)
  49. 69114.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9. Marketing Order Involvement [69111 - 69114] ( Article 9 added by Stats. 1988, Ch. 772, Sec. 2. )

    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 7. California Pistachio Commission [69001 - 69114] ( Chapter 7 added by Stats. 1980, Ch. 602. ) ## ARTICLE 9. Marketing Order Involvement [69111 - 69114] ( Article 9 added by Stats. 1988, Ch. 772, Sec. 2. ) ## 69114. The commission shall serve as the advisory body to the secretary on all matters pertaining to this article. (Amended by Stats. 1995, Ch. 727, Sec. 49. Effective January 1, 1996.)
  50. 6921.

    ## 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 2. Shipment of Nursery Stock, Generally [6921 - 6927] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not ship nursery stock within the state from one county or locality to another unless the stock is conspicuously marked with the required shipper and recipient information.

    ## 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 2. Shipment of Nursery Stock, Generally [6921 - 6927] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6921. It is unlawful for any person to ship, or cause to be shipped, any nursery stock from one county or locality of the state to another county or locality within the state unless he has marked upon such nursery stock in a conspicuous manner and place both of the following: (a) The name and address of the shipper, owner, or person that is forwarding the nursery stock. (b) The name of the person, or his agent, to whom the nursery stock is forwarded. (Enacted by Stats. 1967, Ch. 15.)
  51. 6922.

    ## 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 2. Shipment of Nursery Stock, Generally [6921 - 6927] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not sell, deliver, or transport nursery stock between counties in the state unless the stock has, in a conspicuous place, a shipping permit warning that destination inspection is required or a valid nursery stock certificate issued by the county of origin commissioner.

    ## 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 2. Shipment of Nursery Stock, Generally [6921 - 6927] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6922. Except as otherwise provided in Sections 6502, 6504, 6505, 6506, and 6924, it is unlawful for any person to sell, deliver, or transport any nursery stock from one county to another county within the state unless he has affixed to such nursery stock in a conspicuous place one of the following which is issued by the commissioner of the county of origin: (a) A shipping permit that warns that inspection at destination is required. (b) A valid nursery stock certificate. (Amended by Stats. 1968, Ch. 288.)
  52. 6923.

    ## 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 2. Shipment of Nursery Stock, Generally [6921 - 6927] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not sell, deliver, or transport certain pest-liable nursery stock within the same county unless it has a required shipping permit or a valid county nursery stock certificate attached in a conspicuous place.

    ## 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 2. Shipment of Nursery Stock, Generally [6921 - 6927] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6923. Except as otherwise provided in Section 6502 or Section 6506, it is unlawful for any person to sell, deliver, or transport from one locality to another locality within the same county any nursery stock which the commissioner considers and designates to be liable to be infested with any pest, unless he has affixed to such nursery stock in a conspicuous place one of the following: (a) A shipping permit that warns that inspection at destination is required. (b) A valid nursery stock certificate issued by the commissioner of the county which gives notice that inspection at destination is not required. (Amended by Stats. 1968, Ch. 288.)
  53. 6924.

    ## 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 2. Shipment of Nursery Stock, Generally [6921 - 6927] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A nursery stock certificate does not have to be attached to nursery stock when it is sold at retail and delivered to the purchaser at a licensed sales location, except as provided in Sections 6505, 6506, and 6923.

    ## 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 2. Shipment of Nursery Stock, Generally [6921 - 6927] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6924. Except as provided in Sections 6505, 6506, and 6923 a nursery stock certificate need not be affixed to nursery stock if it is sold at retail and delivered to the purchaser at any sales location which is licensed in accordance with Article 2 (commencing with Section 6721) and Article 3 (commencing with Section 6741) of Chapter 1 of this part. (Amended by Stats. 1968, Ch. 288.)
  54. 6925.

    ## 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 2. Shipment of Nursery Stock, Generally [6921 - 6927] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person moving nursery stock within the listed California routes must either have a valid nursery stock certificate or send a manifest to the destination commissioner at or before shipment.

    ## 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 2. Shipment of Nursery Stock, Generally [6921 - 6927] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6925. It is unlawful for any person to move, any nursery stock from one locality to another locality within the same county under conditions provided in Section 6926 or from one county to another county within the state, except nursery stock which is accompanied by a valid nursery stock certificate, unless such person forwards, at or prior to the time of shipment, to the commissioner who has jurisdiction at the destination, a manifest which states all of the following: (a) Name and address of the shipper. (b) Name and address of the person to whom the shipment is being forwarded. (c) Name and quantity of each kind of plant which is contained in the shipment. (d) Name of the locality where each kind of nursery stock was grown. (e) Name of the carrier by which the shipment is being transported, whether by freight, express, mail, truck, boat, airplane, or otherwise. The requirement for a manifest does not apply to any shipment of seeds. (Amended by Stats. 1968, Ch. 288.)
  55. 6926.

    ## 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 2. Shipment of Nursery Stock, Generally [6921 - 6927] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful to move nursery stock between localities in the same county without forwarding the required manifest when the commissioner has ordered the stock held for inspection.

    ## 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 2. Shipment of Nursery Stock, Generally [6921 - 6927] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6926. It is unlawful to move nursery stock from one locality to another locality within the same county without forwarding a manifest as provided in Section 6925 if the commissioner has required such nursery stock to be held for inspection as provided in Section 6505. (Added by Stats. 1968, Ch. 288.)
  56. 6927.

    ## 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 2. Shipment of Nursery Stock, Generally [6921 - 6927] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not alter a shipping permit or nursery stock certificate, or use either document in any way not allowed by this 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 2. Other Regulations [6901 - 6988] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Shipment of Nursery Stock, Generally [6921 - 6927] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6927. It is unlawful for any person to alter any shipping permit or nursery stock certificate or to use it in any manner other than as provided in this chapter. (Added by renumbering Section 6926 by Stats. 1968, Ch. 288.)
  57. 6940.

    ## 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 3. Citrus Nursery Stock Pest Cleanliness Program [6940 - 6946] ( Article 3 added by Stats. 2009, Ch. 639, Sec. 2. )

    Verify source ↗

    This section applies only to citrus nursery source propagative trees and defines that term.

    ## 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 3. Citrus Nursery Stock Pest Cleanliness Program [6940 - 6946] ( Article 3 added by Stats. 2009, Ch. 639, Sec. 2. ) ## 6940. This article shall apply only to citrus nursery source propagative trees. For purposes of this article, a “citrus nursery source propagative tree” means a citrus tree registered by the department that meets the following criteria: (a) Is not planted, grown, or maintained under the auspices of the California Citrus Clonal Protection Program. (b) Is planted, grown, or maintained to serve as a source of material for the propagation of citrus trees, including seeds, cuttings, buds, budsticks, tissue-cultured materials, or graft sticks. (c) Was tested in accordance with prescribed testing protocols of the department and determined to be negative for specific pathogens. (d) Is in compliance with all provisions of Section 3060.2 of Title 3 of the California Code of Regulations. (e) Falls within the department’s prescribed registration timeframes. (Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.)
  58. 6941.

    ## 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 3. Citrus Nursery Stock Pest Cleanliness Program [6940 - 6946] ( Article 3 added by Stats. 2009, Ch. 639, Sec. 2. )

    Verify source ↗

    The department must create the Citrus Nursery Stock Pest Cleanliness Program, and the secretary administers 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 3. Citrus Nursery Stock Pest Cleanliness Program [6940 - 6946] ( Article 3 added by Stats. 2009, Ch. 639, Sec. 2. ) ## 6941. (a) The department shall develop and establish the Citrus Nursery Stock Pest Cleanliness Program to protect citrus nursery source propagative trees from harmful diseases, pests, and other risks and threats. This program shall be administered by the secretary. (b) The secretary shall consider input from interested parties as to the feasibility, cost, justification, and effectiveness of the program when developing components of the program. (c) The program shall include all of the following: (1) Require that a person who, by any method of propagation, produces any citrus nursery stock shall comply with all eligibility requirements and testing protocols issued by the secretary. (2) Establish inspection requirements and testing standards, including retesting and other measures to ensure the accuracy and timeliness of test results. (3) Specify phase-in periods or effective dates for the regulations and for various requirements specified in the regulations. (4) Define relevant terms. All relevant terms, including, but not limited to, “person,” “sale,” “nursery stock,” and “plant” that are listed and defined in this code shall apply to the program. (5) Comply with all applicable federal and state quarantine requirements, with regulations establishing pest cleanliness standards for pests other than pathogens or nonpathogenic disorders, and with disclaimer of warranties and financial responsibility requirements specified in Section 3069 of Title 3 of the California Code of Regulations. (d) The secretary may also adopt and enforce regulations that are necessary to carry out the purposes of this article. (Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.)
  59. 6942.

    ## 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 3. Citrus Nursery Stock Pest Cleanliness Program [6940 - 6946] ( Article 3 added by Stats. 2009, Ch. 639, Sec. 2. )

    Verify source ↗

    Diseases and pathogens may be added to the citrus nursery stock program once valid, reliable, efficient, and effective diagnostic protocols exist, and this must happen within 45 days after that point.

    ## 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 3. Citrus Nursery Stock Pest Cleanliness Program [6940 - 6946] ( Article 3 added by Stats. 2009, Ch. 639, Sec. 2. ) ## 6942. (a) There are important diseases and pathogens that currently cannot be included in the program because valid and reliable testing methods and practical testing protocols do not exist for determining their absence from citrus trees intended for use as registered sources of citrus propagative stock. Important diseases and pathogens that threaten the citrus industry shall be included in the program within 45 days after valid and reliable diagnostic protocols have been developed and proven to be efficient and effective for the purpose of ensuring that citrus trees registered as sources of citrus propagative stock are tested and determined to be free of the diseases and pathogens. (b) Criteria relative to the proven efficiency and effectiveness of disease diagnostics for the pathogens described in subdivision (a) shall include adequate diagnostics capacity to perform the required testing and its economic feasibility and practicality. (Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.)
  60. 6943.

    ## 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 3. Citrus Nursery Stock Pest Cleanliness Program [6940 - 6946] ( Article 3 added by Stats. 2009, Ch. 639, Sec. 2. )

    Verify source ↗

    The department may designate certain entities to do the required disease and pathogen testing and analysis for the program, and approved entities must be proficient and may be reapproved by 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 2. Other Regulations [6901 - 6988] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Citrus Nursery Stock Pest Cleanliness Program [6940 - 6946] ( Article 3 added by Stats. 2009, Ch. 639, Sec. 2. ) ## 6943. (a) The department may designate the following types of entities to perform the required disease and pathogen diagnostic testing and analysis under the program: (1) Entities that have responsibilities associated with the citrus industry and that derive their authority from this code. (2) Entities that are associated with a California public university. (3) Private entities with expertise in plant disease diagnostics that meet standards adopted by the secretary to ensure integrity of the sampling methods and results. (b) An entity authorized pursuant to subdivision (a) shall be proficient in the protocols for which it is approved by the department. (c) An entity authorized pursuant to this section shall be subject to reapproval by the department pursuant to regulations adopted as authorized by this article. (d) The department shall have no liability for any errors or omissions of an entity authorized pursuant to this section. (Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.)
  61. 6944.

    ## 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 3. Citrus Nursery Stock Pest Cleanliness Program [6940 - 6946] ( Article 3 added by Stats. 2009, Ch. 639, Sec. 2. )

    Verify source ↗

    The secretary must set rates or prices for the program to cover department costs, and the program cannot use General Fund money.

    ## 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 3. Citrus Nursery Stock Pest Cleanliness Program [6940 - 6946] ( Article 3 added by Stats. 2009, Ch. 639, Sec. 2. ) ## 6944. The secretary shall issue orders establishing rates or prices to cover the department’s costs for its administration, testing, inspection, private laboratory approval and accreditation, and other services under the program established pursuant to this article, subject to the following: (a) The rates or prices shall take into consideration departmental cost savings associated with economy of scale factors. (b) The nursery stock license fees received by the department pursuant to Chapter 1 (commencing with Section 6701) and the costs of the administrative functions of the program shall be factored into the calculation of the rates or prices for the services provided by the department under this program. (c) The industry fees for the program, including those already collected pursuant to Chapter 1 (commencing with Section 6701), shall be sufficient to reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this article. No moneys from the General Fund shall be used in this program. (Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.)
  62. 6945.

    ## 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 3. Citrus Nursery Stock Pest Cleanliness Program [6940 - 6946] ( Article 3 added by Stats. 2009, Ch. 639, Sec. 2. )

    Verify source ↗

    This section says the article should be interpreted broadly so the Legislature’s goal can be carried out, and that the secretary administers the citrus nursery stock pest cleanliness program in 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 2. Other Regulations [6901 - 6988] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Citrus Nursery Stock Pest Cleanliness Program [6940 - 6946] ( Article 3 added by Stats. 2009, Ch. 639, Sec. 2. ) ## 6945. This article shall be construed liberally to effectuate the Legislature’s intent that an effective citrus nursery stock pest cleanliness program in the department be established and administered by the secretary. (Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.)
  63. 6946.

    ## 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 3. Citrus Nursery Stock Pest Cleanliness Program [6940 - 6946] ( Article 3 added by Stats. 2009, Ch. 639, Sec. 2. )

    Verify source ↗

    The secretary may adopt regulations and issue orders under this article.

    ## 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 3. Citrus Nursery Stock Pest Cleanliness Program [6940 - 6946] ( Article 3 added by Stats. 2009, Ch. 639, Sec. 2. ) ## 6946. The secretary may adopt regulations and issue orders as authorized by this article. (Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.)
  64. 6961.

    ## 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 4. Nursery Stock Certificates and Shipping Permits [6961 - 6970] ( Heading of Article 4 amended by Stats. 1968, Ch. 288. )

    Verify source ↗

    The director may make regulations for nursery stock certificates and shipping permits, including how they are issued, what they look like, and how they are used on nursery stock shipments.

    ## 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 4. Nursery Stock Certificates and Shipping Permits [6961 - 6970] ( Heading of Article 4 amended by Stats. 1968, Ch. 288. ) ## 6961. The director may issue regulations which will govern the issuance and form of nursery stock certificates and shipping permits and their use on shipments of nursery stock, to insure the relative freedom from pests of all nursery stock which is produced or sold within the state, and which will evidence compliance with the following: (a) The inspections and standards of cleanliness in Article 1 (commencing with Section 6901). (b) The nursery stock grades and standards in Chapter 5 (commencing with Section 53301). (c) Any other law, or lawful order which is issued by the director or the commissioner, relating to the production or sale of nursery stock within the state, or any shipment thereof except where a specific certificate or permit is required by any quarantine regulation which is issued pursuant to Sections 5301, 5302, or 5322. (Repealed and added by Stats. 1968, Ch. 288.)
  65. 6965.

    ## 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 4. Nursery Stock Certificates and Shipping Permits [6961 - 6970] ( Heading of Article 4 amended by Stats. 1968, Ch. 288. )

    Verify source ↗

    The commissioner may issue and authorize the use of nursery stock certificates under this article.

    ## 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 4. Nursery Stock Certificates and Shipping Permits [6961 - 6970] ( Heading of Article 4 amended by Stats. 1968, Ch. 288. ) ## 6965. The commissioner may issue and authorize the use of nursery stock certificates as provided for in this article. (Amended by Stats. 1968, Ch. 288.)
  66. 6968.

    ## 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 4. Nursery Stock Certificates and Shipping Permits [6961 - 6970] ( Heading of Article 4 amended by Stats. 1968, Ch. 288. )

    Verify source ↗

    The commissioner may revoke or suspend the use of a nursery stock certificate or shipping permit if the holder fails to comply with this chapter, Chapter 5, or regulations issued under them.

    ## 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 4. Nursery Stock Certificates and Shipping Permits [6961 - 6970] ( Heading of Article 4 amended by Stats. 1968, Ch. 288. ) ## 6968. The commissioner may revoke or suspend the right to use any nursery stock certificate or shipping permit which is issued to any person that fails to comply with the provisions of this chapter, Chapter 5 (commencing with Section 53301), or any regulation issued pursuant thereto. (Amended by Stats. 1968, Ch. 288.)
  67. 6970.

    ## 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 4. Nursery Stock Certificates and Shipping Permits [6961 - 6970] ( Heading of Article 4 amended by Stats. 1968, Ch. 288. )

    Verify source ↗

    A person whose nursery stock certificate or shipping permit rights have been revoked or suspended must not refuse to surrender any unused certificate or permit to the commissioner when demanded.

    ## 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 4. Nursery Stock Certificates and Shipping Permits [6961 - 6970] ( Heading of Article 4 amended by Stats. 1968, Ch. 288. ) ## 6970. It is unlawful for any person, whose right to use any nursery stock certificate or shipping permit has been revoked or suspended, to refuse to surrender to the commissioner, upon demand, any unused certificate or shipping permit. (Amended by Stats. 1968, Ch. 288.)
  68. 6981.

    ## 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 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. )

    Verify source ↗

    This section imposes a 1% annual assessment on specified nursery stock sales and gives the secretary power to exempt certain species or lower the assessment in some cases.

    ## 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 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. ) ## 6981. (a) An annual assessment of 1 percent shall be levied on the gross sales of all deciduous pome and stone fruit trees, nut trees, olive trees, and grapevines, including seeds, seedlings, rootstocks, and topstock, including ornamental varieties of apple, apricot, crabapple, cherry, nectarine, olive, peach, pear, and plum, produced and sold within the state or produced within and shipped from the state by any licensed nursery dealer. For packaged or containerized stock, the assessment shall be levied on the producer’s bareroot price of the plants. (b) The secretary, as appropriate, and on the recommendation of the board established pursuant to Section 6988, may exempt from the assessment certain species of pome and stone fruit, nut trees, grapevines, or varieties of olive trees, or ornamental varieties of apple, apricot, crabapple, cherry, nectarine, olive, peach, pear, and plum if it can be demonstrated that no benefit is derived by these species or varieties from programs described in subdivision (d). (c) The assessment shall be applied at the point of sale where the nursery stock is sold by a producer to persons other than California producers of nursery stock that is subject to assessment under subdivision (a). (d) The secretary may set the assessment at a lower percent to cover the costs necessary to implement and carry out all department programs established pursuant to Article 7 (commencing with Section 5821) of Chapter 8 of Part 1 concerning the registration and certification of pome and stone fruit trees, nut trees, olive trees, and grapevines; the University of California foundation plant materials service activities concerning pome and stone fruit trees, nut trees, olive trees, and grapevines; and other activities related to the development of planting materials for pome and stone fruit trees, nut trees, olive trees, and grapevines. (Amended by Stats. 2012, Ch. 323, Sec. 2. (AB 2682) Effective January 1, 2013.)
  69. 6982.

    ## 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 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. )

    Verify source ↗

    The assessment must be paid to the secretary every year by March 10, and unpaid assessments become delinquent after 30 days.

    ## 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 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. ) ## 6982. The assessment shall be due and payable to the secretary annually by March 10. Assessments not paid within 30 days of the due date shall be considered delinquent. (Amended by Stats. 1998, Ch. 576, Sec. 2. Effective January 1, 1999.)
  70. 6983.

    ## 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 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. )

    Verify source ↗

    Gross sales for each licensee are measured by the previous fiscal year’s gross sales, and the secretary may audit to make sure the assessment is paid properly.

    ## 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 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. ) ## 6983. (a) The measure of gross sales shall be the gross sales for the previous fiscal year of each licensee. (b) The secretary may conduct audits and ensure that an assessment is being properly paid. (Amended by Stats. 1998, Ch. 576, Sec. 3. Effective January 1, 1999.)
  71. 6984.

    ## 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 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. )

    Verify source ↗

    Money received by the department under this article must be paid into the State Treasury and credited to the Department of Food and 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 2. Other Regulations [6901 - 6988] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. ) ## 6984. Any money which is received by the department pursuant to this article shall be paid into the State Treasury and shall be credited to the Department of Food and Agriculture Fund. Any money in the fund which is derived pursuant to this article shall be expended solely to support programs specified in subdivision (d) of Section 6981. (Amended by Stats. 1992, Ch. 650, Sec. 3. Effective January 1, 1993.)
  72. 6985.

    ## 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 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. )

    Verify source ↗

    The department may enter into agreements with the University of California, commissioners, and qualified research agencies to help develop planting material for certain fruit and tree crops, and those agreements must provide for payment from fees collected under this article.

    ## 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 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. ) ## 6985. The department may enter into agreements with the University of California, any commissioner, and any qualified research agency to assist in the development of planting material for pome and stone fruit, nut tree, olive tree, and grapevine production. The agreements shall provide for payment for services rendered from fees collected pursuant to this article. (Amended by Stats. 2011, Ch. 343, Sec. 2. (SB 707) Effective January 1, 2012.)
  73. 6986.

    ## 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 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. )

    Verify source ↗

    The secretary must levy a 20% collection charge on delinquent and unpaid assessments under this article.

    ## 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 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. ) ## 6986. The secretary shall levy on all delinquent and unpaid assessments pursuant to this article a collection charge of 20 percent of the amount due. (Amended by Stats. 1998, Ch. 576, Sec. 4. Effective January 1, 1999.)
  74. 6987.

    ## 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 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. )

    Verify source ↗

    The secretary may not renew a nursery license if the applicant has not paid an assessment under this article within 60 days after it was due.

    ## 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 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. ) ## 6987. The secretary shall not renew a nursery license to any applicant who has failed to pay an assessment due pursuant to this article within 60 days of the due date. (Amended by Stats. 1998, Ch. 576, Sec. 5. Effective January 1, 1999.)
  75. 6988.

    ## 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 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. )

    Verify source ↗

    The secretary must appoint an advisory board for this article after consulting the nursery industry, and the board must meet, serve fixed terms, and advise the secretary.

    ## 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 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. ) ## 6988. The secretary, upon consultation with the pome and stone fruit tree, nut tree, olive tree, and grapevine nursery industry, shall appoint a board to assist and advise him or her concerning the implementation of this article. (a) Membership on the board shall consist of 11 representatives, a majority of whom are licensed producers of pome, stone, nut, olive, and grape nursery stock, but also users and a public member as follows: (1) Two each from the stone fruit (including almonds) and nut (other than almond) industries. (2) Four from the grape industry. (3) One each from the pome fruit and olive industries. (4) One public representative. (b) Board members shall represent all areas of the state involved in the production of pome and stone fruit trees, nut trees, olive trees, and grapevines. (c) The members of the board shall serve for fixed terms of up to two years. The secretary, upon nomination by the industry, may appoint a member for three consecutive terms. The secretary shall reappoint no more than eight of the then-current members of the board within a two-year period. (d) The board shall meet at least twice a year. The chair or the secretary may call any other meeting when it is deemed necessary by one or both of them. Each member shall be allowed per diem and mileage in accordance with Department of Human Resources rules for attending any meeting of the board. (e) The board shall review and make recommendations to the secretary concerning the ongoing operations of the department and the University of California pertaining to this article. This shall include advice on fiscal expenditure, assessments needed to cover costs, and proposals concerning the development of planting materials. (Amended by Stats. 2012, Ch. 665, Sec. 18. (SB 1308) Effective January 1, 2013.)
  76. 6990.

    ## 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 3. Nursery Advisory Board [6990 - 6995] ( Chapter 3 added by Stats. 2017, Ch. 234, Sec. 1. )

    Verify source ↗

    A Nursery Advisory Board exists in the department and may advise the secretary, make recommendations, and adopt or amend bylaws for administering the 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 3. Nursery Advisory Board [6990 - 6995] ( Chapter 3 added by Stats. 2017, Ch. 234, Sec. 1. ) ## 6990. (a) There is in the department a Nursery Advisory Board. (b) The advisory board shall be advisory to the secretary and may make recommendations on all matters pertaining to the portions of this code relating to nurseries and nursery stock, including, but not limited to, the provisions of law identified in Section 6781. (c) The advisory board may adopt and amend bylaws as it deems necessary to administer this chapter. (Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.)
  77. 6991.

    ## 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 3. Nursery Advisory Board [6990 - 6995] ( Chapter 3 added by Stats. 2017, Ch. 234, Sec. 1. )

    Verify source ↗

    The Nursery Advisory Board must have 12 voting members appointed by the secretary, and the board or secretary may also appoint ex officio nonvoting members if they have no financial interest in the nursery industry.

    ## 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 3. Nursery Advisory Board [6990 - 6995] ( Chapter 3 added by Stats. 2017, Ch. 234, Sec. 1. ) ## 6991. (a) The Nursery Advisory Board shall consist of 12 voting members, appointed by the secretary, representing persons licensed to sell nursery stock pursuant to Chapter 1 (commencing with Section 6701). (b) The advisory board or secretary, or both, may appoint ex officio nonvoting members who do not have a financial interest in the nursery industry. (Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.)
  78. 6992.

    ## 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 3. Nursery Advisory Board [6990 - 6995] ( Chapter 3 added by Stats. 2017, Ch. 234, Sec. 1. )

    Verify source ↗

    Each Nursery Advisory Board member serves a four-year term, and the secretary must appoint a replacement if a vacancy occurs.

    ## 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 3. Nursery Advisory Board [6990 - 6995] ( Chapter 3 added by Stats. 2017, Ch. 234, Sec. 1. ) ## 6992. (a) (1) The term of office for each member of the Nursery Advisory Board shall be four years. (2) In the event of a vacancy, the secretary shall appoint a replacement member, who shall fulfill the vacancy for the unexpired term. (b) No more than approximately one-half of the terms for individual seats on the advisory board shall expire in a given year. (Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.)
  79. 6993.

    ## 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 3. Nursery Advisory Board [6990 - 6995] ( Chapter 3 added by Stats. 2017, Ch. 234, Sec. 1. )

    Verify source ↗

    The Nursery Advisory Board must elect a chairperson from its membership every year, and it may elect other officers when it considers appropriate.

    ## 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 3. Nursery Advisory Board [6990 - 6995] ( Chapter 3 added by Stats. 2017, Ch. 234, Sec. 1. ) ## 6993. (a) The Nursery Advisory Board shall annually elect a chairperson from its membership. (b) The advisory board may, from time to time as it deems appropriate, elect other officers. (Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.)
  80. 6994.

    ## 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 3. Nursery Advisory Board [6990 - 6995] ( Chapter 3 added by Stats. 2017, Ch. 234, Sec. 1. )

    Verify source ↗

    Members of the Nursery Advisory Board may not receive a salary, but they may receive a per diem if it follows Department of Human Resources rules and is tied to authorized board activities approved by the secretary.

    ## 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 3. Nursery Advisory Board [6990 - 6995] ( Chapter 3 added by Stats. 2017, Ch. 234, Sec. 1. ) ## 6994. Members of the Nursery Advisory Board shall not receive a salary but may receive a per diem in accordance with the Department of Human Resources rules for attendance at meetings and other advisory board activities authorized by the advisory board and approved by the secretary. (Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.)
  81. 6995.

    ## 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 3. Nursery Advisory Board [6990 - 6995] ( Chapter 3 added by Stats. 2017, Ch. 234, Sec. 1. )

    Verify source ↗

    The section says voting members of the Nursery Advisory Board are meant to represent a particular agricultural industry, and that this representation serves the public interest.

    ## 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 3. Nursery Advisory Board [6990 - 6995] ( Chapter 3 added by Stats. 2017, Ch. 234, Sec. 1. ) ## 6995. It is hereby declared, as a matter of legislative determination, that voting members appointed to the Nursery Advisory Board pursuant to this chapter are intended to represent and further the interest of a particular agricultural industry concerned, and that the representation and furtherance of that representation is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the advisory board, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.)
  82. 7.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Enforcement officers may arrest without a warrant in specified cases and may serve processes and notices, subject to county limits for county employees.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 7. (a) Any person in whom the enforcement of any provision of this code is vested shall have the authority, as a public officer, to arrest, without a warrant, another person whenever such officer has reasonable cause to believe that the person to be arrested has, in his presence, violated any provision of this code, the violation of which is declared to be public offense. If such violation is a felony, or if the arresting officer has reasonable cause to believe that the person to be arrested has violated a provision of this code which is declared to be a felony, although no felony has in fact been committed, he may make an arrest although the violation or suspected violation did not occur in his presence. In any case in which an arrest is made pursuant to this authority for an offense declared to be a misdemeanor or an infraction, the arresting officer may, instead of taking the person arrested before a magistrate, follow the procedure prescribed by Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code, unless the arrested person demands to be taken before a magistrate. The provisions of such chapter shall thereafter apply with reference to any proceeding based upon the issuance of a citation pursuant to this authority. (b) There shall be no civil liability on the part of, and no cause of action shall arise against, any person, acting pursuant to subdivision (a) and within the scope of his authority, for false arrest or false imprisonment arising out of any arrest which is lawful or which the arresting officer, at the time of such arrest, had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. (c) Any person in whom the enforcement of any provision of this code is vested may serve all processes and notices throughout the state; provided, that county employees authorized to enforce the provisions of this code are authorized to serve processes and notices only within the boundaries of the county which employs them. (Amended by Stats. 1979, Ch. 871.)
  83. 70000.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9. Cling Peaches [70000 - 70001] ( Chapter 9 added by Stats. 1981, Ch. 915, Sec. 1. )

    Verify source ↗

    The director may enter into an agreement with organizations representing cling peach growers and manufacturers, and the agreement must split research funding 50/50 between the state and the other parties.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9. Cling Peaches [70000 - 70001] ( Chapter 9 added by Stats. 1981, Ch. 915, Sec. 1. ) ## 70000. The director may enter into an agreement with one or more organizations representing growers and manufacturers of cling peaches whereby research will be conducted by public or private agencies to determine methods of increasing the natural fructose content in cling peaches. The agreement shall specify that the state will provide 50 percent of the funds necessary for the research and the other parties to the agreement will provide the remaining 50 percent. (Added by renumbering Section 71000 by Stats. 1982, Ch. 466, Sec. 49.)
  84. 70001.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9. Cling Peaches [70000 - 70001] ( Chapter 9 added by Stats. 1981, Ch. 915, Sec. 1. )

    Verify source ↗

    State funds may be spent for this chapter only if the Budget Act or another statute appropriates the money.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9. Cling Peaches [70000 - 70001] ( Chapter 9 added by Stats. 1981, Ch. 915, Sec. 1. ) ## 70001. State funds shall be available for expenditure for the purposes of this chapter upon appropriation therefor by the Budget Act or other statute. (Added by renumbering Section 71001 by Stats. 1982, Ch. 466, Sec. 50.)
  85. 701.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 5. Foreign Trade Practices [701 - 705] ( Chapter 5 added by Stats. 1986, Ch. 1358, Sec. 1. )

    Verify source ↗

    This section says agricultural exports have been harmed by foreign imports and describes when an interested party may petition the United States Trade Representative for a remedy.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 5. Foreign Trade Practices [701 - 705] ( Chapter 5 added by Stats. 1986, Ch. 1358, Sec. 1. ) ## 701. The Legislature finds and declares all of the following: (a) California farm sales, which are of vital importance to California agriculture and the state’s economy, have been adversely affected by increasing foreign imports and a loss of export markets as a result of numerous factors including, in some cases, unfair trade practices of foreign governments and foreign business enterprises. (b) Under the Trade Act of 1974 (19 U.S.C. Sec. 2101 et seq.), an interested party may file a petition with the United States Trade Representative to negotiate for a remedy when any act, policy, or practice of a foreign government is inconsistent with international trade agreements, or otherwise unreasonable, unjustifiable, or discriminatory and is a burden or is restrictive to United States commerce, or if a foreign government fails to grant United States rights under a trade agreement. (c) Agricultural parties at interest under the act are encountering difficulties in obtaining these remedies. They are encountering a lengthy, costly, political process which requires extensive factfinding to show significant interest and substantial damage. (Added by Stats. 1986, Ch. 1358, Sec. 1.)
  86. 702.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 5. Foreign Trade Practices [701 - 705] ( Chapter 5 added by Stats. 1986, Ch. 1358, Sec. 1. )

    Verify source ↗

    The Legislature states an intent to support free and fair trade negotiations and to give California agricultural parties extra support through state involvement, data compilation, and analysis.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 5. Foreign Trade Practices [701 - 705] ( Chapter 5 added by Stats. 1986, Ch. 1358, Sec. 1. ) ## 702. It is the intent of the Legislature to support the multilateral and bilateral free and fair trade negotiation process currently in place, but to provide California agricultural parties at interest with additional support through state involvement and unified statistical data compilation and analysis to contribute to a more effective and persuasive presentation of cases brought by California agricultural interests. (Added by Stats. 1986, Ch. 1358, Sec. 1.)
  87. 703.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 5. Foreign Trade Practices [701 - 705] ( Chapter 5 added by Stats. 1986, Ch. 1358, Sec. 1. )

    Verify source ↗

    The department may, on request, give a California agricultural interest help, information, and data for a case under Section 301 or 302 of the Trade Act of 1974.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 5. Foreign Trade Practices [701 - 705] ( Chapter 5 added by Stats. 1986, Ch. 1358, Sec. 1. ) ## 703. The department may, upon the request of a California agricultural interest which is pursuing a case under Section 301 or 302 of the Trade Act of 1974, gather and provide analytical assistance, information, and data in support of the case. (Added by Stats. 1986, Ch. 1358, Sec. 1.)
  88. 704.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 5. Foreign Trade Practices [701 - 705] ( Chapter 5 added by Stats. 1986, Ch. 1358, Sec. 1. )

    Verify source ↗

    The director must set a reasonable fee schedule to recover the costs of providing analytical assistance, information, and data requested by the California agricultural interest under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 5. Foreign Trade Practices [701 - 705] ( Chapter 5 added by Stats. 1986, Ch. 1358, Sec. 1. ) ## 704. The director shall establish a reasonable schedule of fees to cover the amount expended for providing analytical assistance, information, and data requested by the California agricultural interest pursuant to this chapter. (Added by Stats. 1986, Ch. 1358, Sec. 1.)
  89. 705.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 5. Foreign Trade Practices [701 - 705] ( Chapter 5 added by Stats. 1986, Ch. 1358, Sec. 1. )

    Verify source ↗

    State agencies must cooperate with the director to compile pertinent statistical data and must respond to the director’s information requests in a timely manner.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 5. Foreign Trade Practices [701 - 705] ( Chapter 5 added by Stats. 1986, Ch. 1358, Sec. 1. ) ## 705. All state agencies, including, but not limited to, the Department of Finance and the Employment Development Department shall cooperate with the director in the compilation of pertinent statistical data and shall respond to requests by the director for information in a timely manner. (Amended by Stats. 2004, Ch. 225, Sec. 12. Effective August 16, 2004.)
  90. 71000.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This section states that rice production, milling, and marketing are an important industry in the state and provide revenue and 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71000. The production, milling and marketing of rice constitutes an important industry of this state that provides substantial and necessary revenues for the state and employment for its citizens. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  91. 71001.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The law states that maintaining California’s rice industry is necessary for a continuous supply of rice and for maintaining needed income levels for people engaged in the 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71001. The maintenance of the rice industry of California is necessary to assure the public of a continuous supply of this vital product and the maintenance of needed levels of income for those engaged in the rice industry. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  92. 71002.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This section says California rice production and milling can be a major part of the state’s agricultural industry and explains why the commission was created.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71002. The production and milling of rice in California has the potential to be one of the leading segments of the state’s agricultural industry. To realize this potential, there is a need to make consumers aware of the nutritional value of rice, the high quality of the rice produced and milled in the state, the intricacies of rice culture, and the versatility of rice as part of a well-balanced diet. The activities made possible by the establishment of the commission will meet this need and further the interests of the industry and the state. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  93. 71003.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This section says the California Rice Commission is needed to support advertising, promotion, competitiveness, and responsible stewardship for the rice 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71003. The establishment of the commission is necessary for the efficient development and management of a national and international advertising and promotion program that will enhance the reputation of the California rice industry, create a more receptive environment for the industry and its products, and increase competitiveness of the California rice industry within the national and international marketplace. In addition, the commission is necessary to carry out the California rice industry’s commitment to responsible stewardship and increasingly efficient cultural practices. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  94. 71004.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This section explains that California rice industry research has improved quality and practices, and says creating the commission is intended to continue and strengthen that effort.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71004. The successes that the rice industry of California has enjoyed have come in part through a commitment to industry funded research that has led to significant improvements in the quality of the rice available to consumers and increasingly efficient cultural practices resulting in increased awareness of, and a more receptive environment for, the production and milling of rice in California. It has also led to rice being a better consumer value. The establishment of the commission will continue and enhance this research effort and move the rice industry toward its potential, resulting in increased consumer value and enhanced grower returns. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  95. 71005.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    Rice production and milling in this state are declared to be affected with a public 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71005. The production and milling of rice in this state is hereby declared to be affected with a public interest. This chapter is enacted in the exercise of the police power of this state for the purposes of protecting the health, peace, safety, and general welfare of the people of this state. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  96. 71006.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    Actions taken by the commission, or by individuals following this chapter or its regulations, are not violations of the listed antitrust and restraint-of-trade 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71006. No action taken by the commission, or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a 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 statutory or common law against monopolies or combinations in restraint of trade. The Legislature intends this program to be among those contemplated by Congress in the enactment of Section 610(i) of Title 7 of the United States Code. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  97. 71007.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This chapter must be read broadly, and if part of it is invalid, the rest still applies when it can work without the invalid part.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71007. This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  98. 71008.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The section says commission members and alternates are meant to represent a particular industry and that this counts as representing the public generally for Government Code Section 87103.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71008. It is hereby declared as a matter of legislative determination that commission members and alternates are intended to represent and further the interest of a particular industry concerned and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that with respect to persons who are elected or appointed to the commission, the particular industry concerned is tantamount to and constitutes the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  99. 71009.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This section says the rice industry can keep growing by creating new markets, supported by advertising, promotion, and 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71009. Opportunity exists for continued growth and expansion of the rice industry by creating new markets. The success of such an expansion program is uniquely dependent upon effective advertising, promotion, and research, since the creation of new markets is essentially a matter of educating and informing people of the use, nutritional value, and availability of the commodity and enhancing the reputation of the California rice industry. The expansion of the rice industry also provides an important source of jobs for many people in this state, a high proportion of whom reside in historically depressed areas of the state, and serves to ensure the preservation of an agrarian society. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  100. 71010.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This section says the California Rice Commission’s administrative structure is intended to help rice producers and millers work together on market development, research, education, advertising, promotion, and related 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [71000 - 71010] ( Article 1 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71010. The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production and milling of rice the opportunity to avail themselves of the benefits of collective action of the broad fields of development, maintenance, and expansion of markets, marketing research, education, advertising and promotion, and production and processing research necessary to achieve the purposes stated herein, and any activity authorized in Chapter 4 (commencing with Section 55000) of Division 20. (Amended by Stats. 2008, Ch. 414, Sec. 31. Effective January 1, 2009.)
  101. 71020.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The article’s definitions 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71020. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  102. 71021.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71021. “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this chapter. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  103. 71022.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This section says that “Commission” means the California Rice 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71022. “Commission” means the California Rice Commission. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  104. 71023.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This section defines the rice commission districts and allows the commission to change the districts by a two-thirds vote of its membership.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71023. (a) “Districts” consist of the following: (1) District 1 consists of Butte County. (2) District 2 consists of Colusa County. (3) District 3 consists of Glenn County and Tehama County, and any county north of those counties where rice is produced. (4) District 4 consists of Yuba and Sutter Counties. (5) District 5 consists of Sacramento, San Joaquin, Placer, and Yolo Counties and any county south of those counties where rice is produced. (b) The commission, upon a two-thirds vote of the membership of the commission, may change the districts. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  105. 71024.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This section defines “ex officio member” as 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71024. “Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  106. 71025.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This section defines “handle” as engaging in the business of being a handler, and excludes drying rice from that 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71025. “Handle” means to engage in the business of being a handler. It does not include the drying of rice. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  107. 71026.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This section defines “handler” for rice marketing and sets a 100,000-hundredweight threshold.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71026. “Handler” means any person who is engaged in this state in the business of marketing rice who handles 100,000 hundredweight or more of rough or “paddy” rice, or the equivalent amount of milled rice during a marketing season. It is the Legislature’s intent that this provision be construed so that every person engaged in the handling of 100,000 hundredweight or more of rice produced in California is subject to assessment pursuant to this chapter. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  108. 71027.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This section defines “Hundredweight” or “Cwt.” as 100 pounds avoirdupois, excluding tare.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71027. “Hundredweight” or “Cwt.” are synonymous and mean 100 pounds avoirdupois, excluding tare. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  109. 71028.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    “Market” or “marketing” means selling rice to someone other than 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71028. “Market” or “marketing” means to sell rice to a person other than a handler. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  110. 71029.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    “Marketing research” is defined as any research relating to the sale of rice.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71029. “Marketing research” means any research relating to the sale of rice. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  111. 71030.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    “Marketing season” and “fiscal year” mean the period from September 1 through the last day of August 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71030. “Marketing season” or “fiscal year” are synonymous terms and mean the period beginning September 1 of any year and extending through the last day of August of the following year. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  112. 71031.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    “Person” means an individual or business entity doing business in California.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71031. “Person” means any individual, partnership, limited liability partnership, corporation, limited liability company, firm, company, or other entity doing business in California. (Amended by Stats. 2010, Ch. 328, Sec. 75. (SB 1330) Effective January 1, 2011.)
  113. 71032.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    “Producer” means a person who produces, or causes to be produced, rice.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71032. “Producer” means any person who produces, or causes to be produced, rice. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  114. 71033.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    “Production research” means research about producing, harvesting, and postharvest handling of rice.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71033. “Production research” means any research relating to the production, harvest, and postharvest handling of rice. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  115. 71034.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    “Public member” means the person appointed by the commission under Section 71050, and that person and their alternate must not have any financial interest in producing or handling rice.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71034. “Public member” means the person appointed by the commission pursuant to Section 71050. The public member and his or her alternate shall not have any financial interest in the production or handling of rice. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  116. 71035.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This section defines “Rice” 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71035. “Rice” means all rough or “paddy” rice or milled rice (Oryza sativa L.) from any source handled within the state of California, including mochi rice (sweet rice). It does not include rice produced for seed or wild rice (Zinzania aquatica; Zinzania palustris). (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  117. 71036.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71036. “Secretary” means the Secretary of Food and Agriculture. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  118. 71037.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This section defines “sell” for rice as transferring, or causing the transfer of, title to rice for 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 2. Definitions [71020 - 71037] ( Article 2 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71037. “Sell” means to transfer or cause the transfer of title to rice for valuable consideration. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  119. 71050.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This section creates the California Rice Commission and sets rules for appointing, electing, and qualifying its members.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71050. (a) There is in the state government the California Rice Commission. The commission is composed of equal numbers of handler members and producer members as set forth in this section and Section 71050.5. In addition, there may be one public member. (b) Each eligible handler may appoint one member and one alternate member annually. (c) Producer members and alternate members in a number equal to the number of appointed handler members shall be elected by district. (d) The number of producers to be elected from each district shall be determined as follows: (1) Each district shall have at least one representative. (2) Except as provided in Section 71050.5, the allocation of any seats remaining after the allocation in paragraph (1) shall be made by dividing the total number of acres in the state planted in rice in the marketing season immediately preceding the determination by the total number of eligible handler members and dividing the acreage planted in rice in each district, starting with the district having the largest acreage planted in rice by the result and rounding to the nearest whole number. (e) No handler who is more than 90 days delinquent in the payment of assessments or filing of reports required pursuant to this chapter is eligible to serve on the commission. If a handler is made ineligible to serve pursuant to this subdivision, the member representing District 1 who received the lowest vote total among members representing District 1 is also ineligible to serve by operation of law in order to maintain an equal number of eligible handler and producer members. Additional members are ineligible to serve by operation of law as needed in order to maintain an equal number of handler and producer members and shall be selected from the remaining districts in ascending order of the number of the district. No member who is the sole representative of a district is ineligible to serve as a result of the operation of this subdivision. Without regard to whether any ineligible producer member representing a district has been reinstated, no subsequent producer member is ineligible to serve by operation of law from any district until at least one member is ineligible to serve by operation of law from each district except those that have only one representative. (f) (1) Members who are ineligible to serve by operation of law pursuant to subdivision (e) shall be immediately disqualified from voting on matters before the commission. (2) The eligibility of handler and producer members shall be reinstated at the first meeting after the handler’s payments and reports are made current. (g) The commission shall annually establish the number of eligible handler members of the commission based on the volume of rice handled in the immediately preceding marketing season, and, if necessary, adjust and reallocate the number of producer members. Any additional producer members shall be elected at the next regularly scheduled election of producer members. Any handler who does not appoint a member and alternate within 15 days of being notified of their eligibility shall be deemed to have waived their right to a seat for the then current marketing season and shall not be counted in the calculation of producer seats. (h) The public member, if any, shall be appointed to the commission by the secretary from the nominees recommended by the commission. (Amended by Stats. 2023, Ch. 84, Sec. 2. (AB 454) Effective July 21, 2023.)
  120. 71050.5.

    ## 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may review drought conditions before each marketing season and, if it finds drought harmed rice production and handling, issue a declaration that activates special rules for the next 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71050.5. (a) Before the beginning of each marketing season, the commission may review drought conditions in the state and evaluate the impact of these conditions on the production and handling of rice. If the commission determines that the drought conditions had a detrimental impact upon the production and handling of rice, the commission may issue a declaration that requires the following provisions to be operative for the next marketing season: (1) (A) A person shall be eligible to serve on the commission as a producer member or alternate producer member if either or both of the following conditions are met: (i) The person meets the eligibility requirements set forth in Sections 71032 and 71057 and is not ineligible to serve pursuant to subdivision (e) of Section 71050. (ii) The person received an indemnity payment from the prevented planting program in the same calendar year that the declaration is issued or in one or more of the four calendar years before the issuance of the declaration and is not ineligible to serve pursuant to subdivision (e) of Section 71050. (B) A person described in clause (ii) of subparagraph (A) shall not be eligible to serve on the commission pursuant to this paragraph if the person voluntarily sells or transfers water during the marketing season, that sale or transfer of water lasts for a period of time longer than one year, and that sale or transfer of water results in the person not producing rice on any portion of the field acreage under the control of that person that is not eligible for the prevented planting program. (2) A person shall be eligible to serve on the commission as a handler member or alternate handler member if either or both of the following conditions are met: (A) The person meets the eligibility requirements set forth in Sections 71026 and 71058 and is not ineligible to serve pursuant to subdivision (e) of Section 71050. (B) The person has met the eligibility requirements set forth in Sections 71026 and 71058 in the same calendar year that the declaration is issued or in one or more of the four calendar years before the issuance of the declaration and is not ineligible to serve pursuant to subdivision (e) of Section 71050. (3) For purposes of the calculation set forth in paragraph (2) of subdivision (d) of Section 71050, the “total number of acres in the state planted in rice” and the “acreage planted in rice in each district” shall include both of the following: (A) The total number of acres planted in rice in the state or district, as applicable, in the immediately preceding marketing season. (B) The total number of prevented planted acres of rice in the state or district, as applicable, in the immediately preceding marketing season. (b) Notwithstanding subdivision (a), for the 2022–23 marketing season, the commission may undertake the duties specified in subdivision (a) as soon as possible after the effective date of this section. If the commission issues the declaration for the 2022–23 marketing season, the provisions set forth in paragraphs (1) to (3), inclusive, of subdivision (a) shall be operative for the 2022–23 marketing season immediately upon the issuance of the declaration. (c) For purposes of this section, the following definitions apply: (1) “Prevented planted acre” means an acre of land that was not planted in rice for which a person received an indemnity payment as part of the prevented planting coverage program. (2) “Prevented planting program” means the prevented planting coverage provisions administered by the Risk Management Agency within the United States Department of Agriculture Risk Management Agency pursuant to the Federal Crop Insurance Act (Subchapter I (commencing with Section 1501) of Chapter 36 of Title 7 of the United States Code). (Added by Stats. 2023, Ch. 84, Sec. 3. (AB 454) Effective July 21, 2023.)
  121. 71051.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The secretary may order the commission to stop or fix activities that are against the public interest or violate this chapter, and may suspend those activities after written notice 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71051. (a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be in the public interest or that is in violation of this chapter. (b) If the commission refuses or fails to cease those activities or functions or to make the corrections as required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities or functions of the commission until the time that the cessation or correction of activities or functions as required by the secretary has been accomplished by the commission. (c) Actions of the commission in violation of the written notice are 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. (d) 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, his or her reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and recommendations that will make the activities or functions acceptable. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  122. 71052.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    If the secretary must concur in a commission decision, the secretary must respond within 15 working days and explain any refusal to concur 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71052. When the secretary is required to concur in a decision of the commission, the secretary shall give his or her response to the commission within 15 working days from notification of the decision. The secretary shall set forth in writing with specificity the reasons for any refusal to concur. The secretary’s response may be a requirement that additional information be provided. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  123. 71053.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission must reimburse the secretary for expenditures made in carrying out chapter duties, but a court may relieve the commission from paying the secretary’s legal costs if the secretary acted arbitrarily or capriciously in restricting the commission’s activities or functions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71053. The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this chapter. However, a 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 the responsibility for payment of the secretary’s legal costs with regard to that action. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  124. 71054.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    Except for ex officio members, each member must have an alternate appointed in the same manner as the member. The alternate serves when the member is absent and may act with the member’s full rights 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71054. Except for ex officio members, an alternate for each member shall be appointed in the same manner as the member. An alternate shall, in the absence of the member for whom he or she is an alternate, serve in place of the member and shall have, and be able to exercise, all the rights, privileges, and powers of the member when serving on the commission. In the event of a change in status making a member ineligible to serve, or due to death, removal, resignation, or disqualification of a member, the alternate shall act as a member of the commission until a qualified successor is appointed. The ineligibility of any member pursuant to Section 71050 does not create an absence within the meaning of this section. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  125. 71055.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    Vacancies on the commission must be filled by a majority vote of the remaining members, 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71055. Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate to continue in his or her position due to a change in status making him or her ineligible to serve, or due to death, removal, or resignation, shall be filled by another eligible person for the unexpired portion of the term by a majority vote of the remaining members of the commission. The person shall fulfill all the qualifications set forth in this article as required for the person whose office he or she is to occupy. The ineligibility of any handler member and concurrent ineligibility of any producer member pursuant to Section 71050 shall not create a vacancy within the meaning of this section. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  126. 71056.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    If a public-member vacancy occurs on the commission, the secretary may fill it from nominees recommended by the commission, 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71056. Any vacancy on the commission occurring by the failure of the public member to continue in his or her position due to a change in status making him or her ineligible to serve, or due to death, removal, resignation, or disqualification, may be filled by another eligible person for the unexpired portion of the term by the secretary from nominees recommended by the commission. The person shall fulfill all the qualifications set forth in this article as required for the member whose office he or she is to occupy. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  127. 71057.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    Producer members and alternates on the commission must meet specified producer or producer-representative qualifications and keep them for their full term; the commission may declare the seat vacant after two consecutive missed meetings by both the member and alternate.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71057. Any producer member and his or her alternate on the commission shall be an individual producer or an employee or representative of a producer who has a financial interest in producing rice or causing rice to be produced. The qualifications of producer members and their alternates shall be maintained during their entire term of office. The absence of both the member and alternate at two consecutive meetings shall be grounds for the commission to declare the seat vacant. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  128. 71058.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    Handler members and alternates must meet specified rice-industry qualification requirements, keep those qualifications throughout their term, and repeated absence can lead the commission to declare the seat vacant.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71058. Any handler member and his or her alternate on the commission shall be an individual handler or an employee or representative of a handler who has a financial interest in handling rice. The qualifications of handler members and their alternates shall be maintained during their entire term of office. The absence of both the member and alternate at two consecutive meetings shall be grounds for the commission to declare the seat vacant. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  129. 71059.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The public member and alternate member have the same powers, rights, and privileges as other commission members, but they may not vote on assessment issues under Section 71120.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71059. Except as otherwise provided in this section, the public member and his or her alternate member on the commission shall have all the powers, rights, and privileges of any other member or alternate, respectively, on the commission. The public member and his or her alternate member shall not have a vote on issues regarding the assessments established pursuant to Section 71120. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  130. 71060.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    Producer members must serve three-year terms, with staggered initial terms and term assignment by lot.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71060. Producer members shall serve three-year terms and until their successors are qualified, except, that of the first producer members of the commission one-third shall serve one year, one-third shall serve two years, and one-third shall serve three years. The determination of the term of each member shall be made by lot. Members representing the same district shall draw lots among themselves to ensure that terms within a single district are not concurrent. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  131. 71061.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71061. The commission shall be, and is hereby declared and created, a corporate body. It may sue and be sued regarding any matter related to the purposes of this chapter, contract and be contracted with, and has and possesses all of the powers of a corporation. It may adopt a corporate seal. Copies of its proceedings, records, and acts, when authenticated, shall be prima facie evidence of the truth of all statements therein. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  132. 71062.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission can do business only when a quorum is present, and a majority of the members present decides the commission’s action.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71062. A majority of the membership of the commission appointed or elected shall constitute a quorum of the commission. The vote of a majority of the members present at a meeting at which there is a quorum constitutes the act of the commission. The commission may continue to transact business at a meeting at which a quorum is initially present, notwithstanding the withdrawal of members, provided any action is approved by the requisite majority of the required quorum. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  133. 71063.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The secretary or representatives must be notified of commission and committee meetings and may attend them, except 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71063. The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meetings of the commission. However, the secretary or his or her representative is not entitled to attend an executive session of the commission or a committee of the commission called for the purpose of discussing potential or actual litigation against the department. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  134. 71064.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    Some commission and committee members may not receive a salary, but certain members may receive approved travel and meal expenses.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71064. No member or alternate of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive a salary. Each member of the commission and each alternate serving in place of a member, except ex officio members who are officers or employees of a public agency, and each member of a committee established by the commission who is a nonmember of the commission, may receive reasonable and necessary traveling expenses and meal allowances as approved 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 special assignment for the commission. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  135. 71065.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    Money received under this chapter must be deposited in commission-designated banks and paid out only by commission order through designated agents, who must be bonded for 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71065. All funds received by any person from the assessments levied under this chapter or otherwise received by the commission shall be deposited in banks that the commission may designate and shall be disbursed by order of the commission through an agent or agents as it may designate for that purpose. The agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business in this state, in favor of the commission, in an amount of not less than twenty-five thousand dollars ($25,000). (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  136. 71066.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The state and commission personnel are shielded from liability for commission acts, contracts, and certain errors, with an exception for a person’s own 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 3. California Rice Commission [71050 - 71066] ( Article 3 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71066. The state is not 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 are limited to the funds collected by the commission. No member or alternate of the commission, or any employee or agent thereof, is personally liable for the contracts of the commission. No member or alternate of the commission, or any employee or agent thereof, is responsible individually in any way to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, or employee, except for his or her own individual acts of dishonesty or crime. No member or alternate of the commission, or any employee or agent thereof, is responsible individually for any act or omission of any other member or alternate of the commission, or any employee or agent thereof. No member or alternate of the commission, or any employee or agent thereof, is liable for the default of any other member or alternate of the commission, or any employee or agent thereof. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  137. 71070.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission’s powers and duties include, and are not limited to, those listed in 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71070. The powers and duties of the commission shall include, but are not limited to, all of those contained in this article. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  138. 71071.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may make and change bylaws, rules, regulations, and orders needed to carry out this chapter, including appeal 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71071. The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, and orders in accordance with commission procedures for purposes of carrying out this chapter, including rules for appeals from any bylaw, rule, regulation, operating procedure, or order of the commission. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  139. 71072.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may administer and enforce this chapter and take actions reasonably needed to promote, maintain, and enhance the rice 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71072. The commission may administer and enforce this chapter and do and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably necessary, to promote, maintain, and enhance the rice industry. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  140. 71073.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may appoint its own officers, including a chairperson and vice chairpersons, and those officers have the powers and duties the commission delegates 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71073. The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers have the powers and duties delegated to them by the commission. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  141. 71074.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may hire staff and, when requested, administer rice-industry government programs; the secretary must notify the commission about improper conduct and may suspend or discharge the person if the commission does not act satisfactorily.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71074. (a) The commission may 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 of its choice, necessary to carry out this chapter. If any person employed by the commission 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. (b) The commission may retain a management firm or the staff from any board, commission, or committee of the state or federal government to perform the functions prescribed by this section under the direction of the commission. (c) If requested by an advisory board, board of directors, or any authorized agent, the commission may administer any governmental program related to the rice industry. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  142. 71075.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may set compensation for its employees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71075. The commission may fix the compensation for all employees of the commission. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  143. 71076.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may appoint committees made up of commission 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71076. The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  144. 71077.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may set up offices, spend money, make contracts, create liabilities, manage intellectual property, and borrow against future assessments when it thinks this is needed for administering and enforcing the chapter and carrying out its duties.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71077. The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, develop, own, and control the use of any intellectual property, and borrow funds in advance of receipt of assessments as may be necessary in the opinion of the commission for the proper administration and enforcement of this chapter and the performance of its duties. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  145. 71078.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission must keep accurate books, records, and accounts, and its records are subject to an annual audit selected 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71078. The commission shall keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of the secretary. A summary of the audit shall be reported to all persons subject to this chapter, a copy of which shall also be submitted to the department. In addition, the secretary, as he or she determines necessary, may conduct or cause to be conducted a fiscal and compliance audit of the commission. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  146. 71079.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may present facts to and negotiate with government agencies about matters affecting the rice 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71079. The commission may present facts to, and negotiate with, local, state, federal, and foreign agencies on matters that affect the rice industry. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  147. 71080.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may promote rice sales through advertising and other promotional means, including cost-sharing advertising.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71080. The commission may promote the sale of rice by advertising and any 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 rice, and to educate and instruct the public with respect to the uses, healthful properties, and nutritional value of rice. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  148. 71081.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may educate and instruct the wholesale and retail trade on proper methods of handling and selling rice, and may conduct consumer surveys and analyses.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71081. The commission may educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling rice, and conduct consumer surveys and analyses. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  149. 71082.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may do or hire others to do scientific research about rice production, postharvest practices, and marketing/distribution, and may use the research results as it considers appropriate.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71082. The commission may conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination, and accumulation of information obtained from research or elsewhere, respecting cultural, production and postharvest practices, and the marketing and distribution of rice. 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. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  150. 71083.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may enter into contracts and agreements to receive and provide services for planning and running programs 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71083. The commission may contract to receive and render services in formulating and conducting plans and programs and enter into other contracts or agreements that the commission deems necessary to carry out this chapter. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  151. 71084.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may accept and match funds, and spend or contribute funds to others, to promote, enhance, and maintain the rice 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71084. The commission may accept contributions of, or match private, state, or federal funds, and employ or make contributions of funds to other persons or state or federal agencies for purposes of promoting, enhancing, and maintaining the rice industry. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  152. 71085.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may collect information and may publish and distribute, without charge, bulletins or other communications to rice handlers and producers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71085. The commission may collect information, including, but not limited to, industry crop statistics, and publish and distribute without charge, a bulletin or other communication to handlers and producers of rice. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  153. 71086.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission must establish an assessment rate to pay its operating 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71086. The commission shall establish an assessment rate to defray operating costs of the commission. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  154. 71087.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission must adopt an annual budget using generally accepted accounting practices, and the secretary must concur in the budget before funds are disbursed, except for disbursements under Section 71075.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71087. The commission shall establish an annual budget according to generally accepted accounting practices. The budget shall be concurred in by the secretary prior to disbursement of funds, except for disbursements made pursuant to Section 71075. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  155. 71088.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission must submit an annual statement of contemplated activities to the secretary for 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71088. The commission shall submit to the secretary for his or her concurrence an annual statement of contemplated activities authorized pursuant to this chapter. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  156. 71089.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission and secretary must keep certain lists confidential and not disclose them, except by court order. The commission must also set procedures for access to noncommercial communication, but without releasing the actual names-and-addresses list. Proprietary or trade secret information is confidential and may be disclosed only after proprietary information is removed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71089. (a) The commission and the secretary shall keep confidential and shall not disclose, except when required by court order after a hearing in a judicial proceeding, all lists in their possession of persons subject to this chapter. However, the commission shall establish procedures to provide access to communication with other producers and handlers regarding noncommercial matters affecting the commission and persons subject to its jurisdiction. The access shall not include the actual release of the list of the names and addresses of producers and handlers in the possession of the commission or the secretary. In addition, notwithstanding any other provision of law, all proprietary or trade secret information developed or gathered pursuant to this chapter, including, but not limited to, names and addresses of handlers, producers, processors, wholesalers, retailers, brokers, and shippers, individual quantities produced, handled, shipped, bought or sold, prices paid, and the products of research obtained by the commission, or by the department on behalf of the commission, from any source is confidential and shall not be considered a public record as that term is defined in Section 7920.530 of the Government Code. (b) Upon receipt of a request for information from a person establishing cause for the request, the department shall direct the commission to provide the requesting person any record in the commission’s possession, except that any proprietary information shall be removed before disclosure. (Amended by Stats. 2021, Ch. 615, Sec. 131. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  157. 71090.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may investigate and prosecute civil violations of this chapter, and may file complaints with law enforcement about suspected criminal violations.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71090. 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. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  158. 71091.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may appoint any person as an ex officio member.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 4. Powers and Duties [71070 - 71091] ( Article 4 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71091. The commission may appoint any person to serve as an ex officio member. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  159. 71100.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The secretary must create an eligible-voter list within 15 days of a request, and may require handlers and producers to provide contact and rice-volume 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71100. (a) Within 15 days of a request from any handler or producer, the secretary shall establish a list of handlers and producers eligible to vote on implementation of this chapter. The secretary may require handlers and producers to submit the names and mailing addresses of all producers and handlers. The secretary also may require that the information provided include information on the volume of rice handled by each handler, or produced by each producer or, in the alternative, may establish procedures for receiving the information at the time of the referendum vote specified in Section 71101. The request for the information shall be in writing and shall be filed within 10 days following receipt of the request. (b) Any handler or producer eligible to vote whose name does not appear on the appropriate list may have his or her name placed on the list by filing with the secretary a signed statement, identifying himself or herself as a person eligible to vote. Failure to be on the list does not exempt the person from paying assessments and does not invalidate any industry votes conducted pursuant to this article. (c) Any handler or producer eligible to vote may contact those on the list regarding the referendum in a form and manner prescribed by the secretary if all expenses associated with those contacts are paid in advance. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  160. 71101.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    This chapter does not become operative until the secretary finds that referendum voting meets the stated participation and approval thresholds for handlers and producers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71101. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds the following in a referendum vote conducted by the secretary: (a) At least 40 percent of the total number of handlers from the list established by the secretary pursuant to this article participate, and that either of the following occurs: (1) Sixty-five percent of the handlers who voted in the referendum voted in favor of this chapter, and the handlers so voting handled a majority of the total quantity of rice handled in the preceding marketing season by all of the handlers voting in the referendum. (2) A majority of the handlers who voted in the referendum voted in favor of this chapter, and the handlers so voting handled 65 percent or more of the total quantity of rice handled in the preceding marketing season by all of the handlers voting in the referendum. (b) At least 40 percent of the total number of producers from the list established by the secretary pursuant to this article participate, and that either of the following occurs: (1) Sixty-five percent of the producers voting in the referendum voted in favor of this chapter, and the producers so voting produced a majority of the total quantity of rice produced in the preceding marketing season by all of the producers voting in the referendum. (2) A majority of the producers voting in the referendum voted in favor of this chapter, and the producers so voting produced 65 percent or more of the total quantity of rice produced by all of the producers voting in the referendum. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  161. 71102.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The secretary must set a referendum period of at least 10 days and no more than 60 days, and may add necessary procedures or 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71102. 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 additional procedures necessary to conduct the 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. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  162. 71103.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    If an eligible handler or producer does not receive a ballot, that 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71103. Nonreceipt of a ballot by an eligible handler or producer shall not invalidate a referendum. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  163. 71104.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    If the secretary finds a favorable vote under Section 71101, the secretary must certify it and notify all affected handlers and producers 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71104. If the secretary finds that a favorable vote has been given as provided in Section 71101, the secretary shall certify and give notice of the favorable vote to all affected handlers and producers whose names and addresses are on file with the secretary. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  164. 71105.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    If the secretary does not get a favorable vote under Section 71101, the secretary must certify that the chapter is inoperative. The secretary may also hold another implementation referendum vote at least one year after the previous vote.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71105. If the secretary finds that a favorable vote has not been given as provided in Section 71101, the secretary shall certify and declare all provisions of this chapter inoperative. The secretary may conduct other implementation referendum votes one year or more after the previous vote has been taken. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  165. 71106.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    When the commission is certified, the secretary must end covered state marketing-order entities by the end of the current marketing season and immediately transfer marketing-order assets to the commission, except assets needed to wind up the order and except existing rice research marketing orders affecting rice producers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71106. Upon certification of the commission, the secretary shall terminate, effective at the end of the marketing season then current, consistent with the terms of the marketing order and Section 59088, any entity operating pursuant to an existing state marketing order affecting the same subject matter as this chapter. Notwithstanding the terms of the marketing order, or any provision of Chapter 1 (commencing with Section 58601) of Part 2 of Division 21, the secretary shall immediately upon certification of the commission, order the transfer of the marketing order’s assets to the commission, except for those assets necessary to the proper winding up of the marketing orders affairs. This section shall not affect the continued operation of any existing rice research marketing order directly affecting producers of rice. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  166. 71107.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    Before the referendum vote, the commission’s proponents must deposit the amount the secretary says is needed to cover vote preparation and conduct 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [71100 - 71107] ( Article 5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71107. (a) Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary the amount that the secretary deems necessary to defray the expenses of preparing the necessary lists and information and conducting the vote. (b) Any funds not used in carrying out Section 71101 shall be returned to the proponents of the commission who deposited the funds with the secretary. (c) 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 this article, and for any legal expenses and costs incurred in establishing the commission. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  167. 71120.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission must set the rice assessment for each marketing season by September 1 if possible, and the assessment has caps on the total and on the amounts charged to handlers and producers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71120. (a) The commission shall establish the assessment for the marketing season not later than September 1 of each year or as soon thereafter as is possible. The assessment shall not exceed ten cents ($0.10) per hundredweight for rice delivered to handlers by producers. Of the assessment, not more than five cents ($0.05) per hundredweight shall be assessed against handlers, and not more than five cents ($0.05) per hundredweight shall be assessed against producers. The assessment rate shall be the same for handlers and producers. (b) An assessment greater than the amount specified in subdivision (a) may not be charged unless approved by a majority of the commission and by handlers and producers pursuant to procedures specified in Section 71101. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  168. 71121.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    Handlers below 100,000 hundredweight in a marketing season are outside this chapter, and certain home-use or ornamental rice is also excluded. If a handler reaches 100,000 hundredweight or more during the season, assessments apply to the first 100,000 hundredweight and any additional volume.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71121. (a) This chapter does not apply to handlers of less than 100,000 hundredweight in any marketing season or to rice produced only for a producer’s home use or rice that is used only for ornamental purposes. (b) If at any time during a marketing season the volume handled by a handler reaches 100,000 hundredweight or more, the handler shall be assessed for the initial 100,000 hundredweight and any additional volume handled during the marketing season. If the assessments on the initial 100,000 hundredweight are paid in the time and manner specified by the commission, the assessments shall not be considered past due. (c) Notwithstanding Section 71026, the 100,000 hundredweight threshold established pursuant to this chapter shall remain in effect unless a higher threshold is approved by a majority of the commission and by those handlers remaining eligible under the proposed threshold and producers pursuant to procedures specified in Section 71101. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  169. 71122.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    A person seeking an exemption from this chapter must file an affidavit with the commission and state that they are not a handler or only produce rice for home use or ornamental 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71122. Any person requesting an exemption from this chapter shall file an affidavit with the commission attesting that he or she is not a handler, as defined in Section 71026, or produces rice only for his or her own home use or for ornamental purposes. The affidavit shall contain all the information required by the commission. The commission shall review the affidavit, conduct any additional investigation it deems appropriate, and approve or deny the affidavit. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  170. 71123.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    People who handle rice must keep complete and accurate transaction records, submit them to the commission as directed, keep them for three years, and make them available 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71123. Every person who handles rice in any quantity shall keep a complete and accurate record of all transactions involving the purchase or sale of rice and shall submit the record to the commission in the time and manner specified by the commission. The records shall be in a simple form and contain the information that the commission prescribes. The records shall be preserved by the handler for a period of three 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. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  171. 71124.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission and the secretary must keep proprietary information confidential and may not disclose it unless a court orders disclosure after a hearing. The commission may disclose certain aggregate or total-only information that does not identify individuals.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71124. (a) All proprietary information obtained or developed pursuant to this article by the commission or the secretary from any source, 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 after a hearing in a judicial proceeding. (b) 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 gives only totals, but excludes individual information, may be disclosed by the commission. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  172. 71125.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    An assessment levied under this chapter is a personal debt of each person assessed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71125. Any assessment that is levied as provided for in this chapter is a personal debt of every person assessed. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  173. 71126.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    First handlers of rice must deduct and remit producer assessments, hold assessments in trust, and follow the commission’s timing and reporting 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71126. (a) Only the first handler of rice is subject to the handler assessment and shall deduct the producer assessment from amounts paid by him or her to the producer and shall be a trustee of these assessments and assessments required to be paid by the handler until they are paid to the commission at the time and in the manner prescribed by the commission. Title to the assessments shall pass immediately to the commission and handlers shall hold the assessments in trust for the benefit of the commission and shall remit them, with assessment reports, in the time and manner specified by the commission. All first handlers, without regard to the volume handled, shall deduct and remit the producer assessment. Failure to collect the assessment from any producer shall not exempt the handler from liability. In addition, failure of a handler to remit the collected producer assessments to the commission shall not relieve the producer of this obligation. (b) If rice is forfeited under a loan from the Commodity Credit Corporation, the handler shall pay both the producer and handler assessments if the rice is contracted to the handler. If the handler’s total volume for the marketing season is less than 100,000 hundredweight, only the producer assessment shall apply. If the rice forfeited under a loan from the Commodity Credit Corporation is not contracted to a handler, the producer shall pay both the handler and producer assessments. If the total volume handled by the producer during the marketing season is less than 100,000 hundredweight, only the producer assessment shall apply. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  174. 71127.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    If a handler or producer is a corporation, its directors and officers are included in the liability for violations of 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71127. When the handler or producer is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for violating this chapter, including, but not limited to, failing to pay assessments or file required reports, shall also include identical liability upon each director or officer of the corporation. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  175. 71128.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    If a person misses the filing or payment deadline set by the commission, they must pay a 10% penalty plus 1.5% interest per month 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71128. Any person 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 the assessment determined to be due, and, in addition, shall pay 11/2 percent interest per month on the unpaid balance. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  176. 71129.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may require a person who fails to pay an assessment or related charge to post and keep a surety bond set by 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71129. In addition to any other penalty imposed, the commission may require any person who fails to pay an assessment or related charge pursuant to this article to furnish and maintain a surety bond in a form and amount, and for a period of time, specified by the commission as assurance that all payments to the commission will be made when due. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  177. 71130.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    A person must not make false commission records, fail to submit required commission reports or records, or hide, destroy, or change records that must be kept 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71130. It is a violation of state law for any person to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by the commission. (b) 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. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  178. 71131.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission must set up procedures so aggrieved people 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71131. 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 petition filed with the appropriate superior court. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  179. 71132.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may sue to collect assessments and civil penalties and seek injunctions or specific performance. Courts must issue requested writs of attachment or injunctive relief when the statute’s showing is made, and a successful commission judgment can block the defendant’s rice-related business until the judgment is 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71132. (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 for the obtaining of injunctive relief or specific performance regarding this chapter and the regulations adopted pursuant to 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 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. (b) A writ of attachment shall be issued pursuant to Chapter 4 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified in Section 485.010 of the Code of Civil Procedure 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 inadequate remedy at law specified in Sections 526 and 527 of the Code of Civil Procedure is not required. (c) 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 rice until there is full compliance and satisfaction of the judgment. Upon a favorable judgment for the commission, it shall be entitled to receive reimbursement for any reasonable attorney’s fees and other actual 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. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  180. 71133.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    Claims involving the commission must be filed within two years of the relevant trigger 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71133. Any action by the commission for any violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. Any action against the commission by any person shall be commenced within two years from the date of the act of which the person complains. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  181. 71134.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    If this chapter ends, existing or future rights, duties, obligations, liabilities, violations, and the commission’s remedies are not affected.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71134. The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that may thereafter arise in connection with this chapter, release or extinguish any violation of this chapter, or affect or impair any right or remedies of the commission with respect to any violation. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  182. 71135.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The secretary must hold a referendum among handlers and producers every five years, starting with the fifth marketing season after certification under Section 71104.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71135. (a) (1) Every five years, commencing with the fifth marketing season following the certification pursuant to Section 71104, the secretary shall conduct a referendum among handlers and producers. The operations of the commission shall continue unless the secretary determines from the referendum that a majority of the eligible handlers and a majority of the eligible producers voting in the referendum voted in favor of terminating the operations of this chapter. (2) Notwithstanding paragraph (1), if the commission issues a declaration pursuant to Section 71050.5 and that declaration is in effect at the time that the secretary conducts a referendum pursuant to this section, a person shall be eligible to vote in the referendum conducted pursuant to this section if either of the following apply: (A) The person is a producer or handler. (B) The person is eligible to serve on the commission as a producer or handler member pursuant to clause (ii) of subparagraph (A) of paragraph (1) of, or subparagraph (B) of paragraph (2) of, subdivision (a) of Section 71050.5. (b) If the secretary finds that the vote favors continuation, the secretary shall so certify and this chapter shall remain operative. If the secretary finds that the vote favors termination, the secretary shall so certify and declare the operation of this chapter and the commission suspended upon the expiration of the then current marketing season. Thereupon, the operations of the commission shall be concluded and funds distributed as provided in Section 71137. (Amended by Stats. 2023, Ch. 84, Sec. 4. (AB 454) Effective July 21, 2023.)
  183. 71136.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    The commission may recommend suspending this chapter, and the secretary must run a referendum and suspend the chapter if the stated 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71136. (a) Upon a finding by a two-thirds vote of the membership 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 be suspended. However, any suspension shall not become effective until the expiration of the then current marketing season. (b) Upon the vote of the members of the commission specified in subdivision (a), the secretary shall establish a referendum period, which shall not be less than 10 days or more than 60 days in duration. The secretary may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. The secretary shall suspend the operation of this chapter if he or she finds any of the following has occurred: (1) Sixty-five percent or more of the handlers who voted in the referendum voted in favor of suspension, and the handlers so voting handled a majority of the total quantity of rice handled in the preceding marketing season by all of the handlers voting in the referendum. (2) A majority of the handlers who voted in the referendum voted in favor of suspension, and the handlers so voting handled 65 percent or more of the total quantity of rice handled in the preceding marketing season by all of the handlers voting in the referendum. (3) Sixty-five percent or more of the producers who voted in the referendum voted in favor of suspension, and the producers so voting produced a majority of the total quantity of rice produced in the preceding marketing season by all of the producers voting in the referendum. (4) A majority of the producers who voted in the referendum voted in favor of suspension, and the producers so voting produced 65 percent or more of the total quantity of rice produced in the preceding marketing season by all of the producers voting in the referendum. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  184. 71137.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    If this chapter is suspended, the commission must wind up its operations, refund certain remaining money pro rata, or send small residual amounts to an appropriate public program, and transfer its intellectual property without charge to 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71137. After the effective date of suspension of this chapter, the operation of the commission shall be concluded and all moneys held by the commission not required to defray the expenses of concluding and terminating operations of the commission shall be returned on 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 returnable are so small as to make impractical the computation and remitting of the prorated refund to these persons, any funds 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 conducted or used to fund activities related to the subject matter of this chapter. Upon suspension, any intellectual property owned by the commission shall be transferred without charge to the secretary who shall hold the property in trust for the benefit of the California rice industry. The property shall be transferred without charge to any successor program serving purposes similar to the purposes of this chapter. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  185. 71138.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. )

    Verify source ↗

    If the chapter’s operation is suspended, the commission must mail the notice of suspension to eligible persons 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 9.5. California Rice Commission [71000 - 71138] ( Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1. ) ## ARTICLE 6. Assessments and Records [71120 - 71138] ( Article 6 added by Stats. 1998, Ch. 567, Sec. 1. ) ## 71138. Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all eligible persons affected by the suspension whose names and addresses are on file. (Added by Stats. 1998, Ch. 567, Sec. 1. Effective January 1, 1999.)
  186. 72001.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    This section explains that California’s wheat industry is growing quickly and is economically important.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72001. The wheat industry in this state is expanding rapidly. It provides over three hundred fifty million dollars ($350,000,000) in farm income annually, increased by almost 20 percent in 1981, and is expected to show continued growth in the future. It is one of California’s five biggest agricultural exports. In total production, the state is among the top 10 states nationwide. The industry is a major employer of agricultural labor and is also a source of employment in the transportation, warehousing, and shipping industries. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  187. 72002.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The section says California wheat has growth opportunities and should be promoted to foreign buyers and domestic customers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72002. Opportunity exists for continued expansion, particularly if the industry can develop better varieties more suited to the California climate and the needs of the marketplace. The unique qualities of California wheat need to be promoted to foreign buyers, who purchase most of the wheat grown in this state. Opportunity also exists for increasing sales to domestic customers. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  188. 72003.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The statute says establishing a California Wheat Commission is necessary for managing an international sales promotion program and helping the California wheat industry compete.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72003. The establishment of a California Wheat Commission is necessary for the efficient development and management of an international sales promotion program, and is essential to ensure that the California wheat industry can compete successfully in the marketplace. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  189. 72004.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The provision says a commission is needed to conduct research on wheat varieties better suited for export and for California growing 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72004. A commission is also necessary to conduct research into the development of varieties more suitable to the export trade, as well as more productive under California growing conditions. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  190. 72005.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    This section says a California Wheat Commission would help California producers take a more active role in national wheat organizations and wheat policymaking bodies.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72005. A California Wheat Commission would also be the means for California producers to take a more active role in national wheat organizations and wheat policymaking bodies. Producers in this state lack effective input at the national level, while producers in all other major wheat-growing states have this advantage through their own state commissions. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  191. 72006.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The section declares that wheat production and marketing in the state are a matter of public interest and states 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72006. The production and marketing of wheat 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. 1982, Ch. 891, Sec. 1.)
  192. 72007.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    A commission 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72007. 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. 1982, Ch. 891, Sec. 1.)
  193. 72008.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    Commission actions, and individual actions taken under this chapter or its rules, are not treated as violations of certain antitrust and unfair-trade 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [72001 - 72008] ( Article 1 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72008. 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. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  194. 7201.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4. WEEDS AND PEST SEEDS [7201 - 7603] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Weeds [7201 - 7305] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Weed-Free Areas [7201 - 7207] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may, after investigation and practical survey, consult other state and federal agencies and declare an area in this state practically free of a named noxious weed by proclamation.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4. WEEDS AND PEST SEEDS [7201 - 7603] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Weeds [7201 - 7305] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Weed-Free Areas [7201 - 7207] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 7201. The director, after investigation and practical survey, may consult with other state and federal agencies having responsibility for forest management and protection of native species and, by proclamation, declare an area within this state to be practically free from any noxious weed, as defined in Section 5004, which is named in the proclamation. (Amended by Stats. 1992, Ch. 556, Sec. 2. Effective January 1, 1993.)
  195. 7202.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4. WEEDS AND PEST SEEDS [7201 - 7603] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Weeds [7201 - 7305] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Weed-Free Areas [7201 - 7207] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An area proclaimed under this article as practically free of a named noxious weed is called a weed-free area for that weed.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4. WEEDS AND PEST SEEDS [7201 - 7603] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Weeds [7201 - 7305] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Weed-Free Areas [7201 - 7207] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 7202. Any area which is declared by proclamation pursuant to this article to be practically free from any noxious weed named in the proclamation shall be known as a weed-free area, as to any noxious weed named in the proclamation. The name of the noxious weed shall be a part of the name of the weed-free area. (Enacted by Stats. 1967, Ch. 15.)
  196. 72021.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 2. Definitions [72021 - 72034] ( Article 2 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The article’s definitions control how this chapter is interpreted, unless 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 2. Definitions [72021 - 72034] ( Article 2 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72021. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  197. 72022.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 2. Definitions [72021 - 72034] ( Article 2 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    “Wheat” means any variety of wheat produced in 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 2. Definitions [72021 - 72034] ( Article 2 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72022. “Wheat” means any variety of wheat produced in this state. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  198. 72023.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 2. Definitions [72021 - 72034] ( Article 2 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    “Books and records” is defined to include a wide range of written materials related to activities governed 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 2. Definitions [72021 - 72034] ( Article 2 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72023. “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. 1982, Ch. 891, Sec. 1.)
  199. 72024.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 2. Definitions [72021 - 72034] ( Article 2 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    This section defines “Commission” as the California Wheat 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 2. Definitions [72021 - 72034] ( Article 2 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72024. “Commission” means the California Wheat Commission. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  200. 72025.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 2. Definitions [72021 - 72034] ( Article 2 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    This section defines “commissioner” as 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 2. Definitions [72021 - 72034] ( Article 2 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72025. “Commissioner” means any member of the commission. (Added by Stats. 1982, Ch. 891, Sec. 1.)

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