Food and Agricultural Code — Part 35 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 35 of 48 · provisions 6,801–7,000

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. 72026.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. )

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    This section defines “Director” as the Director 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 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. ) ## 72026. “Director” means the Director of Food and Agriculture. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  2. 72027.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. )

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    This section defines the wheat commission districts and lets the commission change district numbers or boundaries if it gets a two-thirds vote, gives proper notice, and the secretary concurs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 72027. “Districts” shall consist of the following: (a) District 1 consists of Siskiyou, Tehama, Lassen, Modoc, and Shasta Counties. (b) District 2 consists of Butte, Colusa, Glenn, and Lake Counties. (c) District 3 consists of Napa, Sonoma, Yolo, Amador, El Dorado, Placer, Yuba, Nevada, Sutter, and Sierra Counties and that portion of Sacramento County lying north of Road J-11 and east of the Sacramento River from Walnut Grove to Courtland. (d) District 4 consists of Solano County and that portion of Sacramento County not included in District 3. (e) District 5 consists of Alameda, Contra Costa, Stanislaus, and San Joaquin Counties. (f) District 6 consists of Merced and Madera Counties. (g) District 7 consists of Fresno County. (h) District 8 consists of Kings and Tulare Counties. (i) District 9 consists of Kern County. (j) District 10 consists of Santa Barbara, San Luis Obispo, Monterey, and San Benito Counties. (k) District 11 consists of San Bernardino, Riverside, San Diego, Los Angeles and Ventura Counties. (l) District 12 consists of that part of Imperial County lying north of Keystone Road. (m) District 13 consists of that part of Imperial County lying south of Keystone Road. The number of districts and boundaries of any district may be changed by a two-thirds vote of the commission, as long as proper notice is provided to all persons subject to this chapter and the action of the commission is concurred in by the secretary, to ensure proper representation by producers. These boundaries need not coincide with county lines. (Amended by Stats. 2009, Ch. 469, Sec. 1. (AB 735) Effective January 1, 2010.)
  3. 72028.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. )

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    An ex officio member is 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 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. ) ## 72028. “Ex officio member” shall be a nonvoting member of the commission. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  4. 72029.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. )

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    “Handle” means to engage in the business of a handler as defined in Section 72030.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 72029. “Handle” means to engage in the business of a handler as defined in Section 72030. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  5. 7203.

    ## 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. )

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    The director may change the boundaries of a weed-free area or declare it free from additional noxious weeds by similar 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. ) ## 7203. The director may by similar proclamation change the boundaries of a weed-free area or declare the weed-free area free from any additional noxious weeds, naming the noxious weed. (Enacted by Stats. 1967, Ch. 15.)
  6. 72030.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. )

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    This section defines “handler” for wheat marketing laws and says corporate handlers include their directors and officers for liability purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 72030. “Handler” means any person who engages in the operation of selling, marketing, or distributing wheat which he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. When the handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for failure to collect or make payments or assessments of which a corporate handler may be subject pursuant to this chapter shall include identical liability upon each individual director or officer of the corporation. (Amended by Stats. 1985, Ch. 1004, Sec. 16. Effective September 26, 1985.)
  7. 72030.5.

    ## 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 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. )

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    This provision expands the meaning of “handler” to include certain lienholders, secured parties, pledgees, and their assignees when they can gain title to wheat from the producer through specified legal rights.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 72030.5. “Handler” also means any lienholder, secured party or pledgee that is a public agency, public or private, or assignee of a lienholder, secured party or pledgee that is a public agency, who is authorized to gain title to the wheat from the producer through the exercise of specified legal rights, including, but not limited to, a federal nonrecourse loan. (Added by Stats. 1985, Ch. 1004, Sec. 17. Effective September 26, 1985.)
  8. 72031.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 72031. “Marketing research” means any research relating to the sale of wheat. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  9. 72032.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. )

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    “Marketing season” or “fiscal year” means May 1 through April 30 of the following year.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 72032. “Marketing season” or “fiscal year” means the period beginning May 1 of any year and extending through April 30 of the following year. (Amended by Stats. 1985, Ch. 1004, Sec. 18. Effective September 26, 1985.)
  10. 72033.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. )

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    This section defines “producer” or “grower” for wheat and says such a person must provide proof of commodity sale when requested.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 72033. “Producer” or “grower” means any person who is engaged, within this state, in the business of producing wheat for market during any of the preceding three marketing seasons, and who shall, upon request, provide proof of commodity sale. (Amended by Stats. 1985, Ch. 1004, Sec. 19. Effective September 26, 1985.)
  11. 72034.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. )

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    This section defines “production research” as research about producing and processing wheat, excluding marketing research.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 72034. “Production research” means any research related to the production and processing of wheat, other than marketing research. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  12. 7204.

    ## 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. )

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    A proclamation under this article must bear the department’s seal and be published in a general-circulation newspaper or farm journal for two consecutive weeks; if none exists, a copy must be posted in public places.

    ## 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. ) ## 7204. A proclamation pursuant to this article shall be under the seal of the department. It shall be published in a newspaper or farm journal of general circulation, published and circulated in the area which is to be affected by the proclamation, at least once a week for two successive weeks. If there is no such newspaper or farm journal, a copy of the proclamation shall be posted in one or more public places in the area. (Enacted by Stats. 1967, Ch. 15.)
  13. 7205.

    ## 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. )

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    The director may adopt regulations needed to carry out this article, and the director and commissioners must enforce the article’s provisions and regulations.

    ## 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. ) ## 7205. The director may adopt such regulations as may be necessary to carry out the provisions of this article. He, and the commissioners under the supervision and control of the director, shall enforce such provisions and regulations. (Enacted by Stats. 1967, Ch. 15.)
  14. 72051.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

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    This section creates the California Wheat Commission and sets how its 13 members are selected.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72051. There is in the state government the California Wheat Commission. The commission shall be composed of 13 members who are wheat producers and who are not handlers, two members who are handlers, two at-large members, and one public member. The producers, one from each district, shall be elected by and from producers within the respective districts. The two handler members shall be elected by and from handlers doing business within the state. The at-large members and the public member shall be appointed to the commission by the secretary from the nominees recommended by the commission. Each at-large member shall be a person with knowledge, expertise, and interest in wheat production, handling, research, or any other attribute or attributes that are deemed by the secretary to be of value to the purpose of 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. 2009, Ch. 469, Sec. 2. (AB 735) Effective January 1, 2010.)
  15. 72052.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

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    The director may order the commission to stop or fix activities that are not in the public interest or violate the 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72052. The director may require the commission to correct or cease any existing activity or function which is determined by the director not to be in the public interest or is in violation of this chapter. If the commission refuses or fails to cease those activities or functions or to make such corrections as required by the director, the director may, upon written notice, suspend all or a portion of the activities of the commission until that time that the cessation or correction of activities or functions as required by the director has been accomplished by the commission. Actions of the commission in violation of that written notice shall be without legal force or effect. The director, 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 which are the subject of the written notice. Upon service of the written notice, the director shall notify the commission, in writing, of the specific acts which he determines are not in the public interest or are in violation of this chapter and his reasons for requiring a cessation or correction of specific activities or functions, and may make recommendations that will make the activities or functions acceptable to the director. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  16. 72052.5.

    ## 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

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    When the director must decide whether to concur with a commission decision, the director must respond to the commission within 15 working days after notice. The response may ask for more 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72052.5. When the director is required to determine whether or not to concur with a decision of the commission, he shall indicate his response to the commission within 15 working days after notification of the decision. The response may be a request that additional information be provided. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  17. 72053.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The commission or the director may go to court for relief from the director’s 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72053. The commission or the director may bring an action for judicial relief from the director’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. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  18. 72054.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The commission must reimburse the director for expenditures incurred in doing his duties under this chapter. A court may relieve the commission of legal-cost payment if it finds the director 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72054. The commission shall reimburse the director for all expenditures incurred by the director in carrying out his duties and responsibilities under this chapter. However, the court may, if it finds that the director acted arbitrarily or capriciously in restricting the activities or functions of the commission, relieve the commission of the responsibility for payment of the director’s legal costs with regard to that action. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  19. 72055.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    Commission members must have an alternate member, except ex officio 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72055. 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 may 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 qualified and elected. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  20. 72056.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    Commission vacancies must be filled by majority vote, and the replacement must meet the article’s qualifications.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72056. 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 position due to a change in status making him ineligible to serve, or due to death, removal, disqualification, or resignation, shall be filled, for the unexpired portion of the term, by a majority vote of the commission. However, the person shall fulfill all the qualifications set forth in this article as required for the member whose office he is to fill. Qualifications of any person to fill a vacancy on the commission shall be certified, in writing, to the director. The director shall notify the commission if he or she determines that any such person is not qualified. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  21. 72057.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    Commission members and alternates must meet specific producer, handler, or public-member qualifications, and the public member cannot have a financial interest in the wheat 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72057. A producer member and his or her 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, wheat 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 member in any one district shall be so employed or connected. Qualification as a producer member shall continue during the entire term of office. A handler member and his or her alternate on the commission shall be an individual, or a partner or employee of a handler, who has a financial interest in handling wheat for market. 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 wheat industry. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  22. 72058.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    Commissioners generally serve three-year terms, with ex officio members excluded. The first producer members have initial terms assigned by lot, and no commissioner may serve more than four consecutive terms, subject to a narrow exception.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72058. The term of office of all commissioners, except any ex officio member, shall be for three years from the date of their election and until their successors are qualified and elected. However, of the first producer members of the commission, five shall serve for one year, five shall serve for two years, and five shall serve for three years, with the determination of term of each member to be made by lot at the time of election. Terms of office of each commissioner shall be limited to four consecutive terms, except that any member selected to serve a one-year term or a two-year term may serve one additional three-year term. (Amended by Stats. 1985, Ch. 1004, Sec. 20. Effective September 26, 1985.)
  23. 72059.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The commission is created as a corporate body and is 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72059. 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. 1982, Ch. 891, Sec. 1.)
  24. 7206.

    ## 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 ↗

    A person must not sell, distribute, or transport noxious weed seed into or within a weed-free area declared practically free of 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. ) ## 7206. It is unlawful for any person to sell, distribute, or transport into, or within, any weed-free area any seed of any noxious weed of which the area has been declared to be practically free. (Enacted by Stats. 1967, Ch. 15.)
  25. 72060.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    A quorum of the commission is a majority of the commissioners, and except for specified sections, a majority vote of members present at a quorum meeting is the commission’s act.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72060. A quorum of the commission shall be a majority of the commissioners. Except as provided in Sections 72027 and 72133, the vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the commission. (Amended by Stats. 2009, Ch. 469, Sec. 3. (AB 735) Effective January 1, 2010.)
  26. 72061.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The director or the director’s representatives may attend each commission meeting and any committee meeting of the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72061. The director or his representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  27. 72062.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    Certain commissioners and nonmember committee members cannot receive a salary, but eligible persons may receive up to $100 per day plus 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72062. 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 the ex officio member, 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. 1982, Ch. 891, Sec. 1.)
  28. 72063.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    Money received under this chapter must be deposited in banks designated by the commission, and money may be paid out only through commission-designated agents. Those agents must also 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72063. 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 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. 1982, Ch. 891, Sec. 1.)
  29. 72064.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The commission must defend its members against claims or actions made against them for matters they handled on behalf 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72064. The commission shall defend any of its members against any claims made or actions taken against any commission members on matters in which the members acted on behalf of the commission. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  30. 72065.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    This section limits liability: the state, commission members, alternate members, employees, and agents are generally not personally liable for commission acts or contracts.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Wheat Commission [72051 - 72065] ( Article 3 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72065. The state shall not be liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the commission shall be limited to the funds collected by the commission. No member of the commission or alternate member, or any employee or agent thereof, shall be personally liable on the contracts of the commission nor shall a commissioner, alternate member, or employee of the commission be responsible individually in any way to any producer, handler, or any other person for error in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, or employee, except for his own individual acts of dishonesty or crime. 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 shall be several and not joint, and no commissioner shall be liable for the default of any other commissioner. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  31. 7207.

    ## 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 ↗

    A person who owns or possesses land in a weed-free area must not knowingly allow a noxious weed that the area has been declared practically free of to mature, spread seed, or propagate on that land or on another person's land.

    ## 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. ) ## 7207. It is unlawful for any person that owns or possesses any land within any weed-free area to knowingly permit any noxious weed of which the area has been declared to be practically free, to mature upon his land and disseminate its seed or to propagate itself by other means upon such land, or on the land of another. (Enacted by Stats. 1967, Ch. 15.)
  32. 72081.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [72081- 72081.] ( Article 4 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The commission has broad power to run the California Wheat Commission, including making rules, hiring staff, setting compensation, keeping records, promoting wheat, setting an assessment rate, and taking enforcement 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [72081- 72081.] ( Article 4 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72081. The powers and duties of the commission shall 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 the provisions of this chapter, including rules for regulation of appeals from any bylaw, rule, regulation, or order of the commission. (b) To administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to, or in connection with or deemed reasonably necessary for, proper or advisable effectuation of the purposes of this chapter. (c) To appoint its own officers, including a chairman, one or more vice chairmen, and such other officers as it deems necessary. The officers shall have the powers and duties delegated to them by the commission. (d) To employ a person to serve, at the pleasure of the commission, as chief executive officer of the commission and other personnel, including legal counsel, that is necessary to carry out the provisions of this chapter. The commission may retain a management firm or any staff from any board, commission, or committee of the state to perform the functions prescribed by this subdivision under the control of the commission. If the chief executive officer engages in any conduct which the director determines is not in the public interest or which is in violation of this chapter, the director shall notify the commission of the conduct and request that corrective and, if appropriate, disciplinary action be taken by the commission. In the event that the commission fails or refuses to correct the situation or to take disciplinary action satisfactory to the director, the director may suspend or discharge the chief executive officer. (e) To fix the compensation for all employees of the commission. (f) To appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out the provisions of this chapter. (g) To establish offices and incur expenses, and to enter into any and all contracts and agreements, and to create such liabilities and borrow such 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 director. The audit shall be made a part of an annual report to all producers and handlers of wheat, copies of which shall also be submitted to the Legislature and the Department of Food and Agriculture. In addition, the director may, as he determines necessary, conduct, or cause to be conducted, a fiscal and compliance audit of the commission. (i) To promote the sale of wheat by advertising and other promotional means, including cost-sharing advertising, for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for wheat and to educate and instruct the public with respect to the uses of the several varieties and the healthful properties and nutritional value of wheat. (j) To appoint an advisory committee composed of handlers to aid the commission in its deliberations. (k) To make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and such other contracts or agreements as the commission may deem necessary for the promotion of the sale of wheat. (l) To conduct and contract with others to conduct scientific research, including the study, analysis, dissemination, and accumulation of information obtained from this research or elsewhere respecting cultural and production practices, marketing, and distribution of wheat. In connection with research, the commission shall have the power to accept contributions of, or to match, private, state, or federal funds that may be available for those purposes, and to employ or make contributions of funds to other persons or state or federal agencies conducting the research. (m) To publish and distribute, without charge, a bulletin or other communication for dissemination of information relating to the wheat industry to producers and handlers. (n) To establish an assessment rate to defray operating costs of the commission. (o) To establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the director prior to disbursement of funds, except for disbursements made pursuant to subdivision (e) of Section 72081. (p) To educate and instruct wheat customers and buyers with respect to proper methods of handling and selling wheat, to make market surveys and analyses, to present facts to, and negotiate with, state, federal and foreign agencies on matters which affect the marketing of wheat, and to maintain and expand present markets and create new markets for wheat. (q) The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for criminal violation of this chapter. (Amended by Stats. 1985, Ch. 1004, Sec. 21. Effective September 26, 1985.)
  33. 72091.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The director must create a voter-eligibility list for producers, require certain stakeholders to provide producer information, and accept a signed statement from an omitted wheat producer to add that producer to the list.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72091. Within 90 days after January 1, 1983, the director shall establish a list of producers eligible to vote on implementation of this chapter. In establishing the list, the director shall require that handlers, county agricultural commissioners, and wheat producers in this state submit the names, mailing addresses, and district numbers of all wheat producers. The request for this information shall be in writing. The list shall be filed within 30 days following receipt of the written notice. Any producer of wheat, whose name does not appear upon the director’s list of producers affected, may have his name established on the list by filing with the director a signed statement, identifying himself as a producer. Failure to be on the list does not exempt the producer from paying assessments under this chapter. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  34. 72092.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    This chapter does not become operative until the director conducts a referendum and finds the required producer participation and approval 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72092. The provisions of this chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the director finds, in a referendum conducted by the director, that at least 40 percent of the total number of producers from the list established by the director pursuant to Section 72091, participate, and either of the following: (a) Sixty-five percent or more of the producers who voted in the referendum, and the producers so voting marketed a majority or more of the total quantity of wheat in the preceding season by all of the producers who voted in the referendum, voted in favor of the provisions of this chapter. (b) A majority or more of the producers who voted in the referendum, and the producers so voting marketed 65 percent or more of the total quantity of wheat in the preceding season by all of the producers who voted in the referendum, voted in favor of the provisions of this chapter. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  35. 72093.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The director must set a referendum period of 10 to 60 days and may add necessary procedures. If the initial period is under 60 days, the director may extend 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72093. The director shall establish a period in which to conduct the referendum which shall not be less than 10 days nor more than 60 days in duration, and may prescribe any additional procedure that may be necessary to conduct the referendum. If the initial period established is less than 60 days, the director may extend the period. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  36. 72094.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    Not receiving a ballot does not invalidate the referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72094. Failure to receive a ballot shall not invalidate the referendum. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  37. 72095.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    If the director finds a favorable vote under Section 72092, the director must certify it and notify all producers and handlers on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72095. If the director finds that a favorable vote has been given as provided in Section 72092, he shall certify and give notice of the favorable vote to all producers and handlers whose names and addresses may be on file with the director. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  38. 72096.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    If the director finds there was no favorable vote under Section 72092, the director 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72096. If the director finds that a favorable vote has not been given as provided in Section 72092, he shall so certify and declare all provisions of this chapter inoperative. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  39. 72097.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    After the commission is certified, the director must contact producers and handlers for nomination and election meetings, and give written notice of those meetings at least 15 days in advance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72097. Upon certification of the commission, the director shall contact all producers in each district by mail, or call meetings of producers in each district, for the purpose of nominating and electing persons for appointment to the commission by the director. All producers on the director’s list shall be given written notice of the election meetings at least 15 days prior to the meeting date. Upon certification of the commission, the director shall establish a list of handlers and shall, by mail or calling a meeting of all handlers, conduct the nomination and election of handlers for appointment to the commission by the director. All handlers on the director’s list shall be given written notice of any nomination or election meetings at least 15 days prior to the meeting date. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  40. 72097.5.

    ## 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    Producer nominees must submit a nomination petition to the director with signatures from at least six eligible producers from the district.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72097.5. To be eligible for election to the commission, producer nominees shall present to the director a nomination petition with the signatures of at least six eligible producers from the district from which the nominee is seeking election. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  41. 72098.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    After the first commissioner election, commission candidates must be selected under nomination and election procedures set by the commission’s rules and regulations, with the director’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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72098. Subsequent to the first election of commissioners under this chapter, persons to be elected to the commission shall be selected pursuant to the nomination and election procedures which shall be established by the rules and regulations adopted by the commission with concurrence of the director. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  42. 72099.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    Before the referendum vote, the commission’s proponents must deposit money with the director. Unused funds must be returned, and after the commission is established it may reimburse certain deposited funds and related legal 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [72091 - 72099] ( Article 5 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72099. Prior to the referendum vote conducted by the director pursuant to Section 72092, the proponents of the commission shall deposit with the director such amount as the director may deem necessary to defray the expenses of preparing the necessary lists and information and conducting the vote. Any unused funds in carrying out the provisions of Section 72092 shall be returned to the proponents of the commission who deposited the funds with the director. Upon establishment of the commission, the commission is authorized to reimburse the proponents of the commission for any funds deposited with the director and which were used in carrying out the provisions of Section 72092, and for any legal expenses and costs incurred in establishing the commission. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  43. 72101.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The commission must set the next year’s assessment by April 30 each year, and the combined assessment cannot exceed 1% of the gross dollar value of wheat sales by producers to handlers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72101. The commission shall, not later than April 30 of each year, establish the assessment for the following year beginning May 1 and ending April 30. In no event shall the combined assessment of the commission and any other state authorized wheat production research and market program exceed 1 percent of the gross dollar value of the year’s sale of wheat by all producers to handlers. The commission shall establish producer gross dollar value through rules and regulations. (Amended by Stats. 1985, Ch. 1004, Sec. 22. Effective September 26, 1985.)
  44. 72103.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    Handlers must keep accurate wheat receipt records, keep them for two 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72103. Every handler shall keep a complete and accurate record of all wheat received by him or her and the name of the producer whose wheat was shipped. The records shall be in simple form and contain such information as the commission shall prescribe. The records shall be preserved by the handler for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  45. 72104.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The commission and director must keep proprietary information and producer lists confidential, unless disclosure is required in a judicial proceeding. The commission may also disclose certain report-related and aggregate information, with individual handler information excluded.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72104. All proprietary information obtained by the commission or the director from handlers and all lists of producers in the possession of the director shall be confidential and shall not be disclosed except when required in a judicial proceeding. Information on volume shipments, crop value, and any other related information which is required for reports to governmental agencies; financial reports to the commission or aggregate sales and inventory information; and any other such information which the handlers request from the commission to receive in total, excluding individual handler information, may be disclosed by the commission. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  46. 72105.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    Assessments under this article are charged to the producer, and the first handler of the assessed wheat must deduct them from payments to the producer and hold the money as trustee until payment 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72105. Assessments provided for in this article shall be upon the producer. The handler first handling the wheat being assessed shall deduct the assessments from amounts paid by him to 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. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  47. 72106.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    Every handler is personally liable to pay the collected assessments.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72106. Every handler shall be personally liable for the payment of the collected assessments, and failure of the handler to collect the assessment from any producer shall not exempt any handler from liability for payment of the assessment. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  48. 72107.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    Assessments levied under this chapter are the personal debt of each assessed 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72107. Any assessment which is levied as provided for in this chapter, is a personal debt of every producer so assessed. Failure of a handler to make payment of the collected assessment to the commission shall not relieve the producer of this obligation. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  49. 72108.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    A producer or handler who misses the filing or payment deadline set by the commission must pay a 10% penalty and 1.5% monthly interest on the unpaid balance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72108. Any producer or handler who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of such assessment determined to be due and, in addition, 11/2 percent interest per month on the unpaid balance. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  50. 72109.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    People or businesses subject to the assessment may ask the commission for a full or partial refund, but the request must be made within 90 days unless the commission extends that period for good cause.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [72101 - 72109] ( Article 6 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72109. Any person, firm, or corporation subject to the assessment in this chapter may request a total or partial refund of a paid assessment from the commission. No refund shall be made by the commission unless requested within 90 days from the date of collection of the assessment. However, the commission may extend that period upon a showing of good cause. The refund of assessment shall be made by the commission within 60 days of the date of the request for the refund. The commission shall establish procedures and provide forms for each request, shall maintain complete records, and shall ensure confidentiality. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  51. 72111.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [72111 - 72112.5] ( Article 7 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    This section makes it a misdemeanor to give false commission records, refuse requested wheat-receipt information, or tamper with 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [72111 - 72112.5] ( Article 7 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72111. It shall be 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 the fine and imprisonment, for any person to do any of the following: (a) Willfully to render or furnish a false report, statement, or record required by the commission. (b) When engaged in the shipping of wheat or in the wholesale or retail trade of wheat, to fail or refuse to furnish to the commission or its duly authorized agents, upon request, information concerning the name and address of the persons from whom he has received wheat and the quantity so received. (c) Secrete, destroy, or alter records required to be kept under the provisions of this chapter. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  52. 72112.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [72111 - 72112.5] ( Article 7 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The commission must adopt regulations that provide an informal hearing for individuals aggrieved by the commission’s actions or decisions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [72111 - 72112.5] ( Article 7 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72112. The commission shall adopt regulations 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 this purpose. Appeals from decisions the commission made after the hearing may be made to the director. The determination of the director shall be subject to judicial review upon petition filed with the appropriate court. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  53. 72112.5.

    ## 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [72111 - 72112.5] ( Article 7 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The commission may bring civil actions and use legal remedies to collect assessments and civil penalties and seek injunctions or specific performance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [72111 - 72112.5] ( Article 7 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72112.5. 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. Upon a favorable verdict for the commission, it shall be entitled to receive reimbursement for any reasonable attorneys’ fees and other related costs. Venue for the 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. 1985, Ch. 1004, Sec. 23. Effective September 26, 1985.)
  54. 72131.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation, Suspension, and Termination [72131 - 72135] ( Article 8 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The commission must hold a producer referendum between May 1, 1987, and April 30, 1988. The director must certify the result, and if the vote is favorable the chapter stays effective; if not, the chapter and commission are suspended after the current marketing season ends.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation, Suspension, and Termination [72131 - 72135] ( Article 8 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72131. Between May 1, 1987, and April 30, 1988, the commission shall cause a referendum to be conducted among producers in the manner prescribed in Section 72131.5 to determine whether the operation of this chapter shall be reapproved and continued effective. If the director finds that a favorable vote has been given, he or she shall so certify and this chapter shall remain effective. If the director finds that a favorable vote has not been given, he or she shall so certify and declare the operation of this chapter and the commission suspended upon the expiration of the current marketing season ending April 30, 1988. Thereupon, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 72134. No bond or security shall be required for any such referendum. (Amended by Stats. 1985, Ch. 1004, Sec. 24. Effective September 26, 1985.)
  55. 72131.5.

    ## 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 8. Continuation, Suspension, and Termination [72131 - 72135] ( Article 8 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    This chapter continues in effect if the director finds that a majority of eligible producers voting in the required referendum favor continuation.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation, Suspension, and Termination [72131 - 72135] ( Article 8 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72131.5. The operation of this chapter shall be reapproved and continued in effect if the director finds, in the referendum required pursuant to Section 72131, that a majority of the eligible producers voting in the referendum, voted in favor of continuing the operation of this chapter. (Added by Stats. 1985, Ch. 1004, Sec. 25. Effective September 26, 1985.)
  56. 72132.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation, Suspension, and Termination [72131 - 72135] ( Article 8 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The commission must hold a referendum every fifth year after a favorable referendum, during the May 1 to April 30 period, unless an industry petition referendum happens instead.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation, Suspension, and Termination [72131 - 72135] ( Article 8 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72132. Following a favorable referendum conducted prior to April 30, 1988, a referendum shall be conducted by the commission every fifth year thereafter between May 1 and April 30, following procedures provided by this chapter and Section 72131.5, unless a referendum is conducted as the result of an industry petition pursuant to Section 72133. In that case the referendum shall be every fifth year following the industry petitioned referendum. (Amended by Stats. 1985, Ch. 1004, Sec. 26. Effective September 26, 1985.)
  57. 72133.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation, Suspension, and Termination [72131 - 72135] ( Article 8 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    This section lets the commission recommend suspension of the chapter, and requires the director to run a producer referendum before suspension can take 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 8. Continuation, Suspension, and Termination [72131 - 72135] ( Article 8 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72133. Upon the finding of a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the director that the operation of this chapter shall be suspended. However, any suspension shall not become effective until the expiration of the current marketing season. The director shall, upon receipt of the recommendation, or may upon a petition filed with him requesting the suspension, signed by 15 percent of the producers by number who produced not less than 15 percent of the volume in the immediately preceding season, and after a public hearing, cause a referendum to be conducted among the listed producers to determine if the operation and the operations of the commission shall be suspended. However, the director shall not cause a referendum to be conducted as a result of the petition unless the petitioner shows by the weight of evidence that the operation of this chapter has not tended to effectuate its declared purposes. The director shall establish a referendum period, which shall not be less than 10 nor more than 60 days in duration. The director is authorized to prescribe additional procedures as may be necessary to conduct the referendum. At the close of the established referendum period, the director shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers from the list established by the director, participate in the referendum, the director shall suspend the operation of this chapter, if he or she finds either one of the following: (a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of suspension, and the producers so voting marketed a majority or more of the total quantity of wheat marketed in the preceding marketing season by all of the producers who voted in the referendum. (b) That a majority or more of the producers who voted in the referendum voted in favor of suspension, and that the producers so voting marketed 65 percent or more of the total quantity of wheat marketed in the preceding season by all of the producers who voted in the referendum. (Amended by Stats. 1985, Ch. 1004, Sec. 27. Effective September 26, 1985.)
  58. 72133.5.

    ## 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 8. Continuation, Suspension, and Termination [72131 - 72135] ( Article 8 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    The director must terminate the commission at the end of the current marketing season if a written request meets the stated producer and volume thresholds within 90 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 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 8. Continuation, Suspension, and Termination [72131 - 72135] ( Article 8 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72133.5. (a) The director shall terminate the commission at the end of the current marketing season if requested in writing, within a 90-day period, by at least 51 percent of the eligible producers who are directly affected and who produce at least 51 percent of the volume of the product. (b) The person or persons originating the request shall file a written notice with the director in a manner that establishes the date a request is initiated. Any person may withdraw his or her name for the petition requesting the termination prior to the time the request is presented to the director. The signatures to the petition requesting the termination need not all be appended to one sheet of paper. Each person signing the petition shall add to his or her signature his or her place of business, giving the street and number. If no street and number exist, then a designation of the place of business shall be given which will enable the location to be readily ascertained. (c) The petition shall bear a copy of the notice of intention. Signatures shall be secured within the time limit specified in this section. (Added by Stats. 1985, Ch. 1004, Sec. 28. Effective September 26, 1985.)
  59. 72134.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation, Suspension, and Termination [72131 - 72135] ( Article 8 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

    After suspension, the commission must wind up its operations and return remaining assessment money pro rata to the people who paid it, unless the refund would be impractical; then the money goes to an authorized state or federal program, or to the State Treasury if no program exists.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation, Suspension, and Termination [72131 - 72135] ( Article 8 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72134. After the effective date of suspension of the operation of this chapter and of the operations of the commission, the operations of the commission shall be concluded and any and all moneys remaining held by the commission, collected by assessment and not required to defray the expenses of concluding and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding current marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of the pro rata refund to those persons, any 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 an appropriate state or federal program involved in activities authorized in this chapter. If no such program exists, the funds shall be paid into the State Treasury as unclaimed trust moneys. (Amended by Stats. 1985, Ch. 1004, Sec. 28.5. Effective September 26, 1985.)
  60. 72135.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation, Suspension, and Termination [72131 - 72135] ( Article 8 added by Stats. 1982, Ch. 891, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 10. California Wheat Commission [72001 - 72135] ( Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1. ) ## ARTICLE 8. Continuation, Suspension, and Termination [72131 - 72135] ( Article 8 added by Stats. 1982, Ch. 891, Sec. 1. ) ## 72135. Upon suspension of the operation of this chapter and of the commission, the commission shall mail a copy of the notice of suspension to all producers and handlers affected by the suspension whose names and addresses are on file. (Added by Stats. 1982, Ch. 891, Sec. 1.)
  61. 7270.

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. )

    Verify source ↗

    The Legislature states that invasive and noxious weeds cause major damage and significant economic losses, and that local programs under this article have been successful.

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. ) ## 7270. The Legislature finds and declares all of the following: (a) The destructive impact of invasive and noxious weeds is profound, affecting California’s cropland, rangeland, forests, parks, waterways, and wildlands. (b) These pests cause enormous losses of private, state, and federal resources through decreased land productivity, decreased water supply, degradation of wildlife habitat, and outright destruction of crops, livestock range, wetlands, waterways, watersheds, and recreational areas. (c) The estimated annual lost crop and pasture productivity caused by noxious weeds is twenty-five billion dollars ($25,000,000,000) nationwide, a large proportion of which is attributable to California. Nationally, the direct and indirect costs of controlling noxious weeds is estimated to be at least nine billion six hundred million dollars ($9,600,000,000) annually. (d) Local programs conducted under this article since 2000 have successfully eradicated over 2,000 populations of high priority weed infestations, while engaging hundreds of collaborating organizations and leveraging three dollars ($3) of additional support for every state dollar spent. (Amended by Stats. 2014, Ch. 271, Sec. 1. (AB 2402) Effective January 1, 2015.)
  62. 7270.5.

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the article, including “integrated weed management plan,” “noxious and invasive weeds,” “person,” and “riverway.”

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. ) ## 7270.5. For the purposes of this article: (a) “Integrated weed management plan” means an ecosystem-based control strategy that focuses on long-term prevention of weeds through a combination of techniques, such as biological controls, judicious use of herbicides, modified land management, and cultural practices, and where control practices are selected and applied in a manner that minimizes the risks to human health, nontargeted organisms, and the environment. An integrated weed management plan shall also, when appropriate, comply with any applicable provisions of Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code, Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500) of the Food and Agricultural Code, and the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (b) “Noxious and invasive weeds” means weeds that the department has determined to be either noxious or invasive weed species. (c) “Person” shall have the same meaning as in Section 38, but shall additionally include the United States of America, and all political subdivisions, districts, municipalities, and public agencies of the State of California. (d) “Riverway” means the water, bed, shoreline,and riparian vegetation, of any creek, including an “urban creek” as defined in Section 7048 of the Water Code, stream, river, lake, reservoir, or other body of freshwater, including a “stream environment zone” as defined in Section 66957 of the Government Code, as well as enclosed bays and estuaries, as defined by Section 13391.5 of the Water Code. (Amended by Stats. 2003, Ch. 675, Sec. 2. Effective January 1, 2004.)
  63. 7271.

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. )

    Verify source ↗

    The department is the lead agency for noxious weed management and must implement this article with the Secretary of the Natural Resources Agency. The section also creates a Noxious Weed Management Account and directs how its money is allocated.

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. ) ## 7271. (a) The Legislature designates the department as the lead department in noxious weed management and the department is responsible for the implementation of this article in cooperation with the Secretary of the Natural Resources Agency. (b) There is hereby created in the Department of Food and Agriculture Fund the Noxious Weed Management Account. (c) Moneys appropriated for expenditure by the secretary for the purposes of this article may be spent without regard to fiscal year and shall be allocated as follows: (1) Sixty percent of the moneys in the account shall be made available to eligible weed management areas or county agricultural commissioners for the control and abatement of noxious and invasive weeds according to an approved integrated weed management plan. These control moneys shall be made available through a grant program administered by the department. Proposals shall be evaluated based on the strategic importance for local and regional eradication of high priority noxious and invasive weeds. (2) (A) Twenty percent shall be made available toward research on the biology, ecology, or management of noxious and invasive weeds; the mapping, risk assessment, and prioritization of weeds; the prevention of weed introduction and spread; and education and outreach activities. These moneys shall be made available to qualified applicants through a grant program administered by the department. Proposals shall be evaluated in consultation with the Range Management Advisory Committee, established pursuant to Section 741 of the Public Resources Code, with an emphasis placed on funding of needs-based, applied, and practical research. (B) For purposes of this paragraph, a qualified applicant includes nonprofits, publicly funded educational institutions, state and local agencies, and California Native American tribes. (3) Twenty percent shall be made available to the department, and shall only be used for the following purposes: (A) Carrying out the provisions of this article. (B) Developing noxious weed control strategies. (C) Seeking new, effective biological control agents for the long-term control of noxious weeds. (D) Conducting private and public workshops as needed to discuss and plan weed management strategies with all interested and affected local, state, and federal agencies, private landowners, educational institutions, interest groups, and county agricultural commissioners. (E) Appointing a noxious weed coordinator and weed mapping specialist to assist in weed inventory, mapping, and control strategies. (Amended by Stats. 2018, Ch. 870, Sec. 2. (AB 2470) Effective January 1, 2019.)
  64. 7272.

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. )

    Verify source ↗

    Weed management areas must be formed locally to qualify for funding, must create an integrated weed management plan, and must submit that plan to the department. The plan should, if feasible, prioritize a cost-share plan.

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. ) ## 7272. (a) To be eligible to receive funding from the Noxious Weed Management Account pursuant to this article, a weed management area, as defined in subdivision (b), shall be formed in a county or other geographic area. (b) A “weed management area” is a local organization that brings together all interested landowners, land managers (private, city, county, state, and federal), special districts, and the public in a county or other geographical area for the purpose of coordinating and combining their action and expertise to deal with their common weed control problems. The organization shall function under the authority of a mutually developed memorandum of understanding and subject to statutory and regulatory requirements. A weed management area may be voluntarily governed by a chairperson or a steering committee. (c) Not more than 10 percent of the noxious weed management funds distributed to a weed management area subject to this section may be used by that local organization for meeting, travel, administration, and coordination costs. (d) Each weed management area within the state shall create an integrated weed management plan for the management of noxious weeds within that area. The plan shall be submitted to the department for review, approval, and funding. (e) The secretary and weed management areas shall consider the use of the California Conservation Corp and local conservation corps to assist in implementing integrated weed management plans pursuant to this article. (f) If feasible, the integrated weed management plan established pursuant to subdivision (d) shall prioritize a cost-share plan. (Amended by Stats. 2023, Ch. 208, Sec. 2. (AB 1763) Effective January 1, 2024.)
  65. 7272.5.

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. )

    Verify source ↗

    A county agricultural commissioner must submit an integrated weed management plan to qualify for funding, and the money must be used only for listed purposes subject to approval conditions.

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. ) ## 7272.5. (a) To be eligible to receive funding from the Noxious Weed Management Account pursuant to this article, a county agricultural commissioner shall submit an integrated weed management plan to implement an aggressive control program for noxious weeds. The goals of the program shall include, but not be limited to, the following: (1) Increase the profitability and value of cropland and rangeland. (2) Decrease the costs of roadside, park, and waterway maintenance. (3) Reduce the fire hazard and fire control costs in the state. (4) Protect the biodiversity of native ecosystems. (5) Maintain the recreational and aesthetic value of open space, recreational, and public areas. (6) Increase water supply and flow. (b) Funds dispersed pursuant to this section shall be allocated on the basis of the total number of infested acres in each county and the degree of infestation that exists in the counties, and shall only be used for the following purposes upon submission of a plan approved by county boards of supervisors and the department: (1) Operation of programs by the county agricultural commissioner for control of noxious weeds along county roads and other local government owned property. (2) Matching funds for control of noxious weeds on city owned streets, parks, rights-of-way, and other public areas. (3) Disseminating biological control agents by the county agricultural commissioner for the long-term control of yellow starthistle or other noxious weeds. (4) Abatement of noxious weed infestations on land vital to the success of the program. (5) Not more than 10 percent of the noxious weed management funds distributed to a county agricultural commissioner subject to this section may be used by that commissioner for meeting, travel, administration, and coordination costs. (Amended by Stats. 2023, Ch. 208, Sec. 3. (AB 1763) Effective January 1, 2024.)
  66. 7273.

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. )

    Verify source ↗

    The department must set up and support an oversight committee for this article and consider input from specified groups.

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. ) ## 7273. (a) The department shall designate and provide staff support to an oversight committee to monitor this article and shall consider input from weed management areas, county agricultural commissioners, and the Range Management Advisory Committee. (b) The membership of the oversight committee shall include an equitable number of representatives from each of the following interests: (1) Livestock production. (2) Agricultural crop protection. (3) Forest products industry. (4) California Invasive Plant Council. (5) Research institutions. (6) Wildlife conservation groups. (7) Environmental groups. (8) Resource conservation districts. (9) The general public. (10) Local government. (11) The Department of Fish and Wildlife. (Amended by Stats. 2014, Ch. 271, Sec. 4. (AB 2402) Effective January 1, 2015.)
  67. 7275.

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. )

    Verify source ↗

    The department may operate an Adopt-A-Riverway Program and receive funds or services to support weed management work, while program activities are limited to publicly owned land unless private owners allow access.

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. ) ## 7275. (a) The department is authorized to operate a government-volunteer partnership Adopt-A-Riverway Program. (b) The department may receive funds or services from any person to assist a weed management area in implementing an integrated weed management plan, pursuant to this article. (c) Adopt-A-Riverway Program activities may include the following activities, provided the activities are completed as part of an approved integrated weed management plan and are coordinated with the responsible local agency: (1) Planting and establishing native seedling trees, native grasses, and wildflowers along the adopted riverway. (2) Removal of litter and noxious and invasive plant species. (d) Adopt-A-Riverway Program activities shall be conducted only on publicly owned land unless permission is granted by the owner or owners of private property for program activities to take place on their property as well. (e) Activities undertaken pursuant to subdivision (c) are subject to review pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and any state or locally adopted river management or conservancy plan. (f) The secretary may request a local authority to authorize a courtesy sign to be placed on a county highway or city street, near the riverway, pursuant to Chapter 2 (commencing with Section 1975) of Division 2.7 of the Streets and Highways Code. (g) It is the intent of the Legislature that the duties and responsibilities of the department, as provided for in this section, be accomplished by utilizing existing staff resources, as available. (Added by Stats. 2003, Ch. 675, Sec. 3. Effective January 1, 2004.)
  68. 7276.

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. )

    Verify source ↗

    This section creates the Adopt-A-Riverway Fund and sets rules for how money in it may be collected, used, and distributed.

    ## 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 1.7. Noxious Weeds Management [7270 - 7276] ( Article 1.7 added by Stats. 1999, Ch. 961, Sec. 1. ) ## 7276. (a) The Adopt-A-Riverway Fund is hereby established in the State Treasury. The fund is a trust fund and shall contain money and any other proceeds donated, appropriated, transferred, or otherwise received for purposes pertaining to the Adopt-A-Riverway Program. The secretary may collect for deposit into the fund, gifts, donations, bequests, and moneys made available from federal, state, and local sources. (b) Notwithstanding subdivision (c) of Section 7271, the secretary of the department shall award grants from the Adopt-A-Riverway Fund to weed management areas, as defined by subdivision (b) of Section 7272, for the purpose of integrated weed management along riverways and in riparian habitats consistent with Sections 7272 and 7272.5. (c) Notwithstanding subdivision (c) of Section 7271, the secretary of the department may award grants from the Adopt-A-Riverway Fund to nonprofit organizations for integrated weed management along riverways and in riparian habitats. The department shall establish regulations for grant eligibility and award pursuant to this subdivision. (d) Fifteen percent of the total moneys in the Adopt-A-Riverway Fund shall be made available to the department, to be used only for the following purposes: (1) Carrying out the provisions of this article. (2) Developing of noxious weed control strategies. (3) Seeking new, effective biological control agents for the long-term control of noxious weeds. (4) Conducting private and public workshops as needed to discuss and plan weed management strategies with all interested and affected local, state, and federal agencies, private landowners, educational institutions, interest groups, and county agricultural commissioners. (e) Upon receipt of donations to the fund totaling a minimum of one hundred thousand dollars ($100,000), up to 5 percent of any individual donation of five thousand dollars ($5,000) or more may be used for courtesy signs to be produced, placed, and maintained pursuant to Chapter 2 (commencing with Section 1975) of Division 2.7 of the Streets and Highways Code. (f) All startup costs incurred by the state in establishing the Adopt-A-Riverway Program shall be reimbursed to the General Fund from the Adopt-A-Riverway Fund before any money or other proceeds in the fund may be expended for program purposes or transferred by grant award. (Added by Stats. 2003, Ch. 675, Sec. 4. Effective January 1, 2004.)
  69. 73001.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [73001 - 73006] ( Article 1 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section says the navel orange industry is one of California’s principal tree fruit crops and an important source of employment.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [73001 - 73006] ( Article 1 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73001. The navel orange industry in this state constitutes one of California’s principal tree fruit crops, and thus provides an important source of employment for many people in the state. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  70. 73002.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [73001 - 73006] ( Article 1 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section says there is an opportunity to grow the navel orange industry by creating new markets in the U.S. and abroad, and that advertising and promotion are important to 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [73001 - 73006] ( Article 1 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73002. Opportunity exists for continued growth and expansion of the industry by creating new markets in this country and abroad. The success of an expansion program is uniquely dependent upon effective advertising and promotion, since the creation of new markets and increased per capita consumption are essentially a matter of educating people to the use of highly nutritious navel oranges. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  71. 73003.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [73001 - 73006] ( Article 1 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section says a California Navel Orange Commission is necessary for an advertising and promotion program and for the California navel orange industry to compete successfully.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [73001 - 73006] ( Article 1 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73003. The creation of a California Navel Orange Commission is necessary for the efficient development and management of an advertising and promotion program and essential to ensure that the California navel orange industry can compete successfully in the world marketplace. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  72. 73004.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [73001 - 73006] ( Article 1 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section says the production and marketing of navel oranges grown in the state are a matter of 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [73001 - 73006] ( Article 1 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73004. The production and marketing of navel oranges produced 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 purpose of protecting the health, peace, safety, and general welfare of the people of this state. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  73. 73005.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [73001 - 73006] ( Article 1 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section says the commission form of administration created by the chapter is intended to handle advertising, promotion, and marketing research.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [73001 - 73006] ( Article 1 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73005. A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, and marketing research. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  74. 73006.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [73001 - 73006] ( Article 1 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Actions taken by the commission, or by individuals following this chapter or its rules, are not violations of certain 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [73001 - 73006] ( Article 1 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73006. No action taken by the commission, nor by any individual in accordance with this chapter or with the rules and regulations adopted under the 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 Fair Trade Act (Chapter 3 (commencing with Section 16900) of that Part 2), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of that Part 2), or any statutory or common law against monopolies or combinations in restraint of trade. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  75. 7301.

    ## 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 2. Camelthorn [7301 - 7305] ( Heading of Article 2 amended by Stats. 1979, Ch. 373. )

    Verify source ↗

    Camelthorn is declared a public nuisance and may be abated under the public nuisance abatement law.

    ## 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 2. Camelthorn [7301 - 7305] ( Heading of Article 2 amended by Stats. 1979, Ch. 373. ) ## 7301. Camelthorn is a public nuisance. It may be abated by summary action or otherwise pursuant to the law which relates to the abatement of public nuisance. (Amended by Stats. 1977, Ch. 118.)
  76. 7302.

    ## 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 2. Camelthorn [7301 - 7305] ( Heading of Article 2 amended by Stats. 1979, Ch. 373. )

    Verify source ↗

    The director must eradicate camelthorn wherever it exists in this state.

    ## 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 2. Camelthorn [7301 - 7305] ( Heading of Article 2 amended by Stats. 1979, Ch. 373. ) ## 7302. The director shall eradicate camelthorn wherever it exists in this state. (Amended by Stats. 1977, Ch. 118.)
  77. 7303.

    ## 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 2. Camelthorn [7301 - 7305] ( Heading of Article 2 amended by Stats. 1979, Ch. 373. )

    Verify source ↗

    The cost of eradicating camelthorn is split into three equal parts: one-third paid by the state, one-third by the county where the land is located, and one-third by the landowner.

    ## 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 2. Camelthorn [7301 - 7305] ( Heading of Article 2 amended by Stats. 1979, Ch. 373. ) ## 7303. The expense incurred by the director in eradicating camelthorn shall be borne as follows: (a) One-third by the state, to be paid out of any sum appropriated for such purpose. (b) One-third by the county in which the land is located on which such camelthorn exists. (c) One-third by the owner of the land. (Amended by Stats. 1977, Ch. 118.)
  78. 7304.

    ## 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 2. Camelthorn [7301 - 7305] ( Heading of Article 2 amended by Stats. 1979, Ch. 373. )

    Verify source ↗

    The board of supervisors may direct the commissioner to abate camelthorn, and if the commissioner proceeds, the board must pay the county’s and landowner’s shares from the county general fund.

    ## 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 2. Camelthorn [7301 - 7305] ( Heading of Article 2 amended by Stats. 1979, Ch. 373. ) ## 7304. The board of supervisors may direct the commissioner to proceed with the abatement of the camelthorn pursuant to Chapter 6 (commencing with Section 5401), Part 1 of this division. If the commissioner does so, the board of supervisors shall allow and pay the share of the county and the share of the owner of the land out of the general fund of the county. (Amended by Stats. 1977, Ch. 118.)
  79. 7305.

    ## 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 2. Camelthorn [7301 - 7305] ( Heading of Article 2 amended by Stats. 1979, Ch. 373. )

    Verify source ↗

    The owner’s share of the weed-eradication expense required by Section 7303 becomes a lien on the land.

    ## 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 2. Camelthorn [7301 - 7305] ( Heading of Article 2 amended by Stats. 1979, Ch. 373. ) ## 7305. The share of the expense of eradication which is required by Section 7303 to be borne by the owner of the land is a lien on the land against which the expense is chargeable. The provisions of Sections 5429 to 5436, inclusive, apply, insofar as possible, to such lien. (Enacted by Stats. 1967, Ch. 15.)
  80. 73051.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73051. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  81. 73052.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section defines “Navel orange” for the 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73052. “Navel orange” means those oranges belonging to the genus Citrus, species sinensis (Linnaeus) Osbeck, and characterized by being seedless and having a navel at the apex, commonly known as navels and marketed for fresh consumption. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  82. 73053.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    “Books and records” includes a broad set of written materials connected to activities 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73053. “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. (Amended by Stats. 2006, Ch. 538, Sec. 209. Effective January 1, 2007.)
  83. 73054.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    “Carton” means a container of about 40 pounds, or the equivalent, of navel oranges sold for fresh consumption.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73054. “Carton” means a container holding approximately 40 pounds, or the equivalent thereof, of navel oranges marketed for fresh consumption. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  84. 73055.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section defines “Commission” as the California Navel Orange 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73055. “Commission” means the California Navel Orange Commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  85. 73056.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    “Commissioner” means any member of the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73056. “Commissioner” means any member of the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  86. 73057.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission defines “consumer communications” as advertising and other communications directed to the general consuming public.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73057. “Consumer communications” means, as defined by the commission, all manner of advertising and other communications which are directed towards the general consuming public. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  87. 73058.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section defines “cooperative handler” as a handler organized under this code and the Capper-Volstead Act that markets fruit for producer 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73058. “Cooperative handler” means a handler organized under this code and the Capper-Volstead Act (Chapter 12 (commencing with Section 291) of Title 7 of the United States Code) who markets fruit for producer members. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  88. 73059.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section defines “cooperative producer” as a producer who markets fruit through a cooperative 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73059. “Cooperative producer” means a producer who markets his or her fruit through a cooperative handler. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  89. 73060.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section defines “Director” as the Director 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73060. “Director” means the Director of Food and Agriculture. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  90. 73061.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section defines the commission’s districts and describes how their boundaries are set.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73061. “Districts” mean the following: (a) District A consists of the Counties of Fresno, Madera, Butte, Colusa, Glenn, Merced, Placer, Shasta, Solano, Sonoma, Stanislaus, Sutter, Tehama, Yolo, Yuba, and all other counties not included in Districts B, C, D, E, and F. (b) District B consists of that portion of Tulare County located between the northern boundary of Tulare County and a straight east-west line made up and defined by Avenue 384. (c) District C consists of that portion of Tulare County located between Avenue 384, and a straight east-west line made up and defined by Avenue 232. (d) District D consists of that portion of Tulare County located between Avenue 232 and the southern boundary of Tulare County. (e) District E consists of Kern County. (f) District F consists of the Counties of Riverside, San Bernardino, San Diego, San Luis Obispo, Imperial, Los Angeles, Mono, Orange, Santa Barbara, and Ventura. The boundaries of any district may be changed by a two-thirds vote of the commission, which is concurred in by the director, to maintain similar total production among the districts and to ensure proper representation by producers. The boundaries need not coincide with county lines. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  91. 73062.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73062. “Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  92. 73063.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73063. “Handle” means to engage in the business of a handler. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  93. 73064.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    “Handler” means a person who sells or markets fresh navel oranges the person produced, purchased, acquired from a producer, or markets for a producer, with a retailer exclusion subject to a stated exception.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73064. “Handler” means any person who engages in the operation of selling or marketing navel oranges for fresh consumption which he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or broker or otherwise. It does not, however, include a retailer, except a retailer who purchases or acquires from, or handles on behalf of, any producer navel oranges which were not previously subject to regulation by the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  94. 73065.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    “Independent handler” means a handler, other than a cooperative handler, who markets fruit for independent 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73065. “Independent handler” means a handler, other than a cooperative handler, who markets fruit for independent producers. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  95. 73066.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section defines “independent producer” as a producer who markets fruit primarily through an independent 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73066. “Independent producer” means a producer who markets his or her fruit primarily through an independent handler. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  96. 73067.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    “Market” or “marketing” means selling or otherwise distributing navel oranges into commercial channels for fresh consumption, when that results in a sale.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73067. “Market” or “marketing” means to sell or otherwise distribute navel oranges into commercial channels of trade for fresh consumption in a manner resulting in the sale of the navel oranges. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  97. 73068.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section defines “marketing research” as any research relating to the sale of navel oranges.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73068. “Marketing research” means any research relating to the sale of navel oranges. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  98. 73069.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section defines “marketing season” or “fiscal year” as October 1 through September 30 of the following year.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73069. “Marketing season” or “fiscal year” means the period beginning October 1 of any year and extending through September 30 of the following year. However, the 1983–84 marketing season shall commence within 15 days after the election of the first commission members as provided in Article 5 (commencing with Section 73201). (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  99. 73070.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    “Producer” or “grower” means a person engaged in California in producing, or causing to be produced, navel oranges for market.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 2. Definitions [73051 - 73070] ( Article 2 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73070. “Producer” or “grower” means any person who is engaged within this state in the business of producing, or causing to be produced, navel oranges for market. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  100. 73101.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The California Navel Orange Commission exists in state government and must be made up of 12 non-handler producers, four handlers, and one public 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73101. There is in the state government the California Navel Orange Commission. The commission shall be composed of 12 producers who are not handlers, four handlers, and one public member. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  101. 73102.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The section says one producer from each district must be nominated and elected from independent producers, and one producer from each district must be nominated and elected from cooperative 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73102. Six producers, one from each district shall be nominated and elected by and from independent producers. Six producers, one from each district shall be nominated and elected by and from cooperative producers. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  102. 73103.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section says cooperative handlers must nominate and elect two cooperative handler members, independent handlers must nominate and elect two independent handler members, and no handler may be represented on the commission by more than one handler member, except as provided in Section 73104.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73103. Except as provided in Section 73104, two cooperative handler members shall be nominated and elected by and from cooperative handlers. Two independent handler members shall be nominated and elected by and from independent handlers. No handler may be represented on the commission by more than one handler member. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  103. 73104.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Some handlers may elect two commission members if they market at least 50% of navel orange volume; other handlers must also elect two members, and a handler that later loses that entitlement must remove one member and the 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73104. If a handler markets 50 percent or more of the volume of the navel oranges in the preceding marketing season, as annually determined by the director, the handler is entitled to nominate and elect two handler members. All other handlers subject to this chapter shall nominate and elect two handler members. Any handler with two handler members on the commission, who later is not entitled to elect two handler members, shall remove one of its two members and the member’s alternate in a manner prescribed by the commission. The vacancy shall be filled in accordance with Section 73112. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  104. 73105.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The director must appoint the public member to the commission from nominees recommended 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73105. The public member shall be appointed to the commission by the director from the nominees recommended by the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  105. 73106.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The director, certain citrus grower trade organizations, and other appropriate individuals or organizations may serve as ex officio members of the commission, if the commission determines they are 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73106. The director, citrus grower trade organizations primarily involved in issues affecting the orange industry, and other appropriate individuals and organizations, as determined by the commission, are ex officio members of the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  106. 73107.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The director may order the commission to correct or stop activities or functions that are against the chapter or not in the 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73107. (a) The director may require the commission to correct or cease any existing activity or function which is determined by the director not to be in the public interest or which is in violation of this chapter. (b) If the commission refuses or fails to cease the activities or functions or to make the corrections as required by the director, the director 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 required by the director has been accomplished by the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  107. 73108.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The director must issue a written notice before certain commission contracts, when feasible, and must later notify the commission in writing about the specific acts and reasons involved. The director may also make recommendations.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73108. (a) Actions of the commission in violation of a written notice have no legal force or effect. The director, 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 which are the subject of the written notice. (b) Upon service of the written notice, the director shall notify the commission, in writing, of the specific acts which he or she determines are not in the public interest or are in violation of this chapter and his or her reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and he or she may make recommendations that will make the activities or functions acceptable. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  108. 73109.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission or the director may go to court for judicial relief over a written notice issue or noncompliance, and the court may grant injunctive or other relief.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73109. The commission may bring an action for judicial relief from the director’s written notice, and the director may bring an action for judicial relief 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. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  109. 73110.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must reimburse the director for expenses incurred in performing duties under this chapter, and a court may excuse the commission from paying the director’s legal costs if the director acted arbitrarily or capriciously in restricting 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73110. The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities under this chapter. However, the court may, if it finds that the director acted arbitrarily or capriciously in restricting the activities or functions of the commission, relieve the commission of the responsibility for payment of the director’s legal costs with regard to the action. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  110. 73111.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Commission members, except ex officio members, must have alternate members elected. The alternate serves when the member is absent and has the member’s rights, privileges, and powers while serving.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73111. Each member of the commission, except the ex officio members, shall have an alternate member elected in the same manner as the member. An alternate member, in the absence of the member for whom he or she is alternate, shall serve in place of the member on the commission and shall have all the rights, privileges, and powers of the member when serving on the commission. In the event of death, removal, resignation, or disqualification of a member, the alternate shall act as a member on the commission until a qualified successor is elected. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  111. 73112.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Vacancies on the commission must be filled by a majority vote of the commission, and the appointee must meet the article’s requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73112. Any vacancy on the commission occurring by the failure of any elected member or elected alternate 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, shall be filled for the unexpired portion of the term by appointment by a majority vote of the commission. The person so appointed shall fulfill all the requirements set forth in this article for the member or the alternate member whose office he or she is to fill. The qualification of any person to fill a vacancy on the commission shall be certified by the commission, in writing, to the director. The director shall notify the commission if he or she determines that the person is not qualified. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  112. 73113.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    A producer member or alternate must be connected to a producer with a financial interest in producing navel oranges for market, and must satisfy that requirement throughout the 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73113. Any producer member or his or her alternate shall be an individual, partner, or employee of a producer who has a financial interest in producing, or causing to be produced, navel oranges for market. A producer member or alternate shall meet this requirement during the entire term of office. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  113. 73114.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    A handler member or alternate must be an individual, partner, or employee of a handler with a financial interest in handling navel oranges for market.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73114. Any handler member or his or her alternate shall be an individual, partner, or employee of a handler who has a financial interest in handling navel oranges for market. A handler member or alternate shall meet this requirement during the entire term of office. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  114. 73115.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The public member or alternate has the same powers, rights, responsibilities, and privileges as other commission members, and the public member may not have a financial interest in the navel orange industry during the 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73115. The public member or his or her alternate shall have all the powers, rights, responsibilities, and privileges of any other member on the commission. The public member shall not have any financial interest in the navel orange industry during the entire term of office. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  115. 73116.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Elected commissioners normally serve three-year terms, and no elected commissioner may serve more than three consecutive terms.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73116. (a) Except as provided in subdivision (b), the term of office of the elected commissioners is three years from the date of their election and until their successors are qualified and elected. (b) With respect to the first elected members of the commission, one-third of the producers shall serve for one year, one-third of the producers and one cooperative handler and one independent handler shall serve for two years, and one-third of the producers and one cooperative handler and one independent handler shall serve for three years, with the determination of the term of each member to be made by lot. (c) An elected commissioner shall not serve more than three consecutive terms. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  116. 73117.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The public member serves a three-year term and stays on the commission until a successor is qualified and appointed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73117. The public member shall serve a term of three years and shall remain on the commission after the expiration of three years until his or her successor is qualified and appointed. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  117. 73118.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission is created as a corporate body and may 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73118. The commission shall be and is hereby declared and created as a corporate body. It may sue and be sued, may contract and be contracted with, and has 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. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  118. 73119.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission has a quorum when 12 voting commissioners are present, and it may act by majority vote of the members present unless Sections 73061 and 73353 provide 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73119. A quorum of the commission is 12 voting commissioners. Except as provided in Sections 73061 and 73353, the commission may act by a vote of a majority of the members present at a meeting at which there is a quorum. (Amended by Stats. 1987, Ch. 56, Sec. 56.)
  119. 73120.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must notify the director or the director’s representatives of its meetings, and they may attend those meetings and committee 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73120. The director or his or her representatives shall be notified of, and may attend, each meeting of the commission and any committee meeting of the commission. However, the director or his or her representative or any other ex officio member is not entitled to attend an executive session of the commission called for the purpose of discussing potential or actual litigation involving either the department or the organization represented by the ex officio member, as the case may be. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  120. 73121.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    If a commission decision needs the director’s concurrence, the director must give the commission a written response 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73121. When a decision of the commission requires the concurrence of the director, he or she shall indicate his or her response, in writing, to the commission within 15 working days from notification of the decision. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  121. 73122.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Commissioners, alternates, and certain committee members may not receive a salary, but they may receive up to $100 per day plus approved travel and meal expenses in specified situations.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73122. No commissioner, including alternates, or a member of a committee established by the commission who is a nonmember of the commission, shall receive a salary. Each commissioner and alternate, except ex officio governmental members, and each member of a committee 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 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. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  122. 73123.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Money received under this chapter must be deposited in commission-designated financial institutions and disbursed only by commission order. Commission-designated agents must be bonded with a fidelity bond of at least $100,000.

    ## 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73123. All funds received by any person from the assessments levied under the authority of this chapter, or otherwise received by the commission, shall be deposited in the banks or other appropriate financial institutions designated by the commission and shall be disbursed by order of the commission through the agent or agents that it designated 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 the amount of not less than one hundred thousand dollars ($100,000). (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  123. 73124.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The state is not liable for the commission’s acts or contracts, members and agents are generally not personally liable, and the commission must defend them except for 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 3. The California Navel Orange Commission [73101 - 73124] ( Article 3 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73124. The state shall not be liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the commission are 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 or responsible individually in any way to any producer, any handler, or any other person for error in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, or employee, except for his or her own individual acts of dishonesty or crime. The commission shall accept full responsibility to defend any member of the commission or alternate member, or any employee or agent thereof, against any such claim, except for individual acts of dishonesty or crime. No commissioner or alternate member shall be held responsible individually for any act or omission of any other member of the commission. The liability of the commissioners are several and not joint, and no commissioner is liable for the default of any other commissioner. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  124. 73151.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission’s powers and duties include, at minimum, all powers and duties listed in this article, subject to Sections 73107 and 73108.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73151. The powers and duties of the commission, subject to Sections 73107 and 73108, shall include, but are not limited to, all of the powers and duties specified in this article. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  125. 73152.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must adopt and may change bylaws, rules, regulations, and orders needed to carry 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73152. The commission shall adopt and, from time to time, alter, rescind, modify, and amend in a manner prescribed by the commission, all proper and necessary bylaws, rules and regulations, and orders for carrying out this chapter, including rules for appeals from any bylaw, rule and regulation, or order of the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  126. 73153.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission may administer and enforce this chapter and do other acts and exercise other powers reasonably needed to carry out the chapter’s 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73153. The commission shall administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably necessary for, the proper or advisable effectuation of the purposes of this chapter. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  127. 73154.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must appoint its own officers, including a chairperson and one or more vice chairpersons.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73154. The commission shall appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers that it deems necessary. The officers have the powers and duties delegated to them by the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  128. 73155.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must employ a manager and necessary personnel, or may hire a private entity or state agency instead of an individual manager. If certain conduct is not in the public interest or violates the chapter, the director must notify the commission and may suspend or discharge the manager, private entity, or state agency 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73155. (a) The commission shall 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. (b) In lieu of an individual as manager, the commission may contract with any private entity or state agency to perform, under the control of the commission, the functions specified in subdivision (a). (c) If the manager, private entity, or state agency engages in any conduct which the director determines is not in the public interest or which is in violation of this chapter, the director 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 director, the director may suspend or discharge the manager, private entity, or state agency, as the case may be. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  129. 73156.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must set compensation for all of 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73156. The commission shall fix the compensation for all employees of the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  130. 73157.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission may appoint committees, including committees with both 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73157. The commission may appoint committees which may be composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  131. 73158.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must appoint committee(s) for budget and advertising issues, and full-assessment members are entitled to proportionately greater committee membership, as determined 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73158. The commission shall appoint a committee or committees to deal specifically with budget and advertising issues. Commission members who pay the full assessment are entitled to a proportionately greater membership, as determined by the commission, on the committee or committees, than members who receive a brand credit as provided in Article 6 (commencing with Section 73251). (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  132. 73159.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission may set up offices, spend money, make contracts, create liabilities, and borrow funds before assessments are received for the year when it considers that necessary for administering and enforcing this 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73159. The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt of assessments for that year, that may be necessary, in the opinion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  133. 73160.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must keep accurate books and records, have them audited annually, and include the audit in an annual report sent to producers, the Legislature, and 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73160. The commission shall keep accurate books, records, and accounts of all of its dealings, which books, records, and accounts are subject to an annual audit by an auditing firm selected by the commission with the concurrence of the director. The audit shall be made a part of an annual report to all producers, copies of which shall also be submitted to the Legislature and the department. In addition, the director may, as he or she determines it to be necessary, conduct or cause to be conducted a fiscal and compliance audit of the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  134. 73161.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must promote navel oranges through advertising and other promotional means.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73161. The commission shall promote the sale of navel oranges by advertising and other promotional means, including cost-sharing advertising, to maintain and expand present markets and create new and larger markets for navel oranges, and to educate and instruct the public with respect to the uses, healthful properties, and nutritional value of navel oranges. This authority, however, does not include cost-sharing advertising and cash incentives or discounts with the wholesale or retail trade, as defined by the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  135. 73162.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must educate and instruct the wholesale and retail trade about proper ways to handle and sell navel oranges, make market surveys and analyses, and present facts to and negotiate with public and private agencies on matters affecting navel orange marketing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73162. The commission shall educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling navel oranges, to make market surveys and analyses, and to present facts to, and negotiate with, private and public agencies on matters which affect the marketing of navel oranges. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  136. 73163.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission may enter into contracts to help formulate and conduct plans and programs authorized 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73163. The commission may enter into contracts to render service in formulating and conducting plans and programs authorized under this chapter. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  137. 73164.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission may conduct marketing research and hire others to do it for the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73164. The commission may conduct, and contract with others to conduct, marketing research, including the study, analysis, dissemination, and accumulation of information obtained from the research or from other sources. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  138. 73165.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission may publish and distribute bulletins or other communications without charge.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73165. The commission may publish and distribute, without charge, bulletins or other communications for dissemination of information relating to commission activities and other related matters to producers and handlers. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  139. 73166.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must establish an assessment rate to cover 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73166. Pursuant to Section 73251, the commission shall establish an assessment rate to defray operating costs of the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  140. 73167.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must prepare an annual budget using accepted accounting practices.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73167. The commission shall prepare an annual budget according to accepted accounting practices. Except for disbursements to pay the compensation of the employees of the commission, no disbursement of funds shall be made unless the director concurs in the budget. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  141. 73168.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must submit an annual statement of planned activities to the director 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73168. The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized under this chapter, including advertising, promotion, and marketing research. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  142. 73169.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission may investigate and prosecute civil violations of this chapter, and may file complaints with law enforcement about criminal 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [73151 - 73169] ( Article 4 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73169. The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for criminal violation of this chapter. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  143. 73201.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The director must create a producer voting list within 60 days, and may require handlers and county agricultural commissioners to provide producer contact and shipment information in writing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73201. As soon as possible and no later than 60 days after the effective date of this chapter, the director shall establish a list of producers eligible to vote on implementation of this chapter. In establishing this list, the director may require each handler, with respect to those producers whose navel oranges the handler markets, and each county agricultural commissioner, with respect to the producer with bearing acreage within the county, to submit the name and mailing address of, and the volume, if known, shipped by, each producer. The request for this information shall be in writing. The information required by the director shall be filed within 30 days following receipt of the written notice. Any producer, whose name does not appear upon the director’s list of producers affected, may have his or her name included on the list by filing with the director a signed statement identifying himself or herself as a producer. Failure to be on this list does not exempt the producer from paying assessments under this chapter. Additionally, the director may use other sources of information necessary to secure that information to establish the list. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  144. 73202.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This chapter does not become operative until the director’s referendum conditions are met, except as needed to conduct 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73202. This chapter, except as necessary to conduct an implementation referendum, does not become operative until the director finds in a referendum conducted by the director, or a person designated by the director, that at least 40 percent of the total number of producers from the list established by the director pursuant to Section 73201, participated, and that he or she finds either one of the following: (a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of this chapter, and the producers so voting marketed a majority of the volume of navel oranges in the preceding 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 this chapter, and the producers so voting marketed 65 percent or more of the volume of navel oranges in the preceding season by all of the producers who voted in the referendum. (Amended by Stats. 2006, Ch. 538, Sec. 210. Effective January 1, 2007.)
  145. 73203.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73203. The director 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 as may be necessary to conduct the referendum. If the initial period established is less than 60 days, the director may extend the period. However, the total referendum period may not exceed 60 days. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  146. 73204.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    If a ballot is not received, that alone does not make a referendum invalid.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73204. Nonreceipt of a ballot does not invalidate a referendum. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  147. 73205.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    If the director finds a favorable vote under Section 73202, the director must certify that vote and notify the listed producers that the chapter is operative.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73205. If the director finds that a favorable vote has been given as provided in Section 73202, he or she shall certify and give notice of the favorable vote, and that this chapter is operative, to all producers whose names and addresses are on list of the director. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  148. 73206.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    If the director finds there was no favorable vote under Section 73202, the director must certify that this chapter is 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73206. If the director finds that a favorable vote has not been given as provided in Section 73202, he or she shall so certify and declare this chapter to be inoperative. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  149. 73207.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    After the commission is certified, the director must contact producers in each district or call producer meetings for nominations and elections, and producers must receive written notice at least 15 days before the meeting.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73207. Upon certification of the commission, the director shall contact all producers in each district by mail, or call meetings of producers in each district, for the purpose of nominating and electing persons to the commission as provided for in Section 73102. All producers on the director’s list shall be given written notice of the meetings at least 15 days prior to the meeting date. Any producer with navel orange acreage in more than one district shall vote only in the district in which he or she has the majority of his or her bearing acreage. Any producer who qualifies as both a cooperative producer and independent producer shall vote in the category of producers, either cooperative or independent, which reflects where the majority of that producer’s volume of navel oranges are to be marketed. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  150. 73208.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    A producer nominee must file a nomination petition with at least 10 eligible producer signatures 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73208. To be eligible for election to the commission, a producer nominee shall submit to the director a nomination petition with the signatures of at least 10 eligible producers from the district from which the nominee is seeking election. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  151. 73209.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The director must keep a list of handlers and run the handlers’ nomination and 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73209. The director shall establish a list of handlers and shall, by mail ballot or by calling a meeting of all handlers, conduct the nomination and election of handlers to the commission as provided for in Sections 73103 and 73104. Handlers shall be given written notice of the meeting at least 15 days prior to the meeting date. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  152. 73210.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    After the first commissioner election, later commissioners must be selected under nomination and election procedures set by the commission with the director’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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73210. Subsequent to the first election of commissioners under this chapter, persons to be elected to the commission shall be selected pursuant to the nomination and election procedures established by the commission with the concurrence of the director. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  153. 73211.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Before the implementation referendum, the commission’s proponents must deposit with the director whatever amount the director considers necessary to cover commission-creation 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73211. Prior to the implementation referendum conducted by the director pursuant to Section 73202, the proponents of the commission shall deposit with the director the amount that the director deems necessary to defray the expenses in creating the commission, including, but not limited to, preparing the necessary lists of producers and handlers and conducting the implementation referendum. Any funds left after paying those expenses shall be returned to the proponents of the commission who deposited the funds with the director. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  154. 73212.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    When the commission is created, it may reimburse the commission’s proponents for funds they deposited with the director and used to create 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [73201 - 73212] ( Article 5 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73212. Upon creation of the commission, the commission is authorized to reimburse the proponents of the commission for any funds deposited with the director which were used in creating the commission, including, but not limited to, preparing the necessary lists of producers and handlers and conducting the implementation referendum. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  155. 73251.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must set the navel orange assessment before each marketing season and keep it within the stated cap.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73251. (a) The assessment on navel oranges for fresh consumption shall be established by the commission prior to the beginning of each marketing season and shall not exceed seven cents ($0.07) per carton during the 1983–84 marketing season. Thereafter, the assessment for each marketing season shall not exceed 5 percent of the industry average F.O.B. price of a packed carton reported by the federal Navel Orange Administrative Committee for the preceding three marketing seasons and shall be assessed on a cents-per-carton basis. (b) If the Navel Orange Administrative Committee ceases to exist, the commission shall determine the average F.O.B. price of a packed carton using information from public and private sources as it deems appropriate. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  156. 73252.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    A producer who meets the stated conditions must receive a brand credit.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73252. Any producer who pays an assessment to a cooperative handler or independent handler, and that producer markets his or her navel oranges and conducts an approved navel orange brand advertising program, shall receive a brand credit, thereby allowing the producer to deduct the amount of the credit from any payments otherwise owed to the commission as provided for under this chapter. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  157. 73253.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Some commission expenses cannot receive brand credit, and the credit cannot reduce any producer’s assessment below $0.02 per carton.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73253. Identified commission administrative expenses in an amount not to exceed 10 percent of the assessment owed by any producer prior to deducting the brand credit, and commission institutional expenses in an amount not to exceed 5 percent of the assessment owed by any producer prior to deducting the brand credit, are not entitled to brand credit. In no case shall the brand credit result in any producer paying an assessment to the commission of less than two cents ($0.02) per carton. For purposes of this section, institutional expenses are defined as those expenses incurred in informing food editors for newspapers, magazines, radio, and television, and informing consumer departments for schools, retailers and other related businesses, regarding produce supply, usage suggestions, and nutritional facts about navel oranges. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  158. 73253.5.

    ## 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must spend at least 60% of its total expenditures on consumer communication. Covered persons or entities must also spend at least 60% of their navel orange funds on consumer communications to qualify for brand credit.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73253.5. (a) At least 60 percent of the commission’s total expenditures shall be expended for consumer communication. (b) In order to qualify for brand credit, as provided in subdivision (d) of Section 73254 any person or entity subject to this chapter is required to spend at least 60 percent of its navel orange funds on consumer communications. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  159. 73254.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This section lets qualifying direct consumer communications and certain handlers get brand credit if the ad and application requirements 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73254. Any direct consumer communication purchases qualifies for brand credit when determined by the commission to be in accordance with the following criteria: (a) As defined by the commission, direct consumer communication purchases shall prominently display, or otherwise state, the words “California Navel Oranges” in the advertisement. A cooperative handler or independent handler who markets navel oranges from California and Arizona and funds its brand advertising program through funds collected from all producers, and who prominently displays or otherwise states the words “California-Arizona Navel Oranges” in the advertisement, is entitled to brand credit. (b) Except for the County of Ventura, subdivision (a) does not apply to outdoor media advertising located in counties with more than 1,000 acres of bearing navel oranges in commercial production. In that county, an amount not to exceed 10 percent of a consumer communications expenditure shall be entitled to brand credit. (c) Direct consumer communications qualifies for brand credit when depicting more than one variety or type of citrus fruit so long as the credit is calculated on a prorated basis giving credit only for that portion of the program which promotes navel oranges in accordance with this section. (d) To qualify for brand credit, the person or entity applying for brand credit shall submit a plan indicating the general size and scope of the activities for which brand credit will be claimed. However, information regarding the timing and location of the activities shall be considered confidential and need not be submitted. Upon presentation of the plan, the commission shall indicate within 30 days whether the program complies with this chapter and is therefore entitled to brand credit as provided for in this chapter. If all, or any portion, of a program does not comply, as determined by the commission, the commission shall advise the applicant for brand credit, in writing, the reasons for its decision. Any such decision is appealable under Section 73302. (e) Any producer or handler, on behalf of a producer member, who requests brand credit shall furnish documents and records in support of the request at a time and in a manner prescribed by the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  160. 73254.5.

    ## 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    A qualified brand-credit recipient can qualify for brand credit for activities the commission also does.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73254.5. Unless otherwise prohibited in this chapter, and in addition to the provisions of Section 73254, a person or entity that is qualified to receive brand credit shall qualify for brand credit for any activity that is also engaged in by the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  161. 73254.6.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Advertising in trade publications and participation in conferences or conventions are not eligible for brand credit.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73254.6. The activities of advertising in trade publications and participating in conferences or conventions are not eligible for application of brand credit. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  162. 73255.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Some navel orange production is outside this chapter, but producers must file an affidavit with the commission if they are claiming noncommercial production. Fresh-shipment navel oranges are not exempt from the article’s assessment when marketed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73255. This chapter does not apply to navel oranges produced only for the producer’s home use or where the navel oranges are used only for ornamental purposes. However, the producer shall file an affidavit with the commission stating that his or her navel oranges are not produced for commercial purposes. In any event, no production of navel oranges for fresh shipment is exempt from the assessment under this article when it is marketed. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  163. 73256.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Handlers must keep complete and accurate records of handled navel oranges, retain them for five years, and provide them for inspection when the commission or its authorized agent makes a 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73256. Every handler shall keep a complete and accurate record of all navel oranges handled by him or her with the name of the producer whose navel oranges were handled. These records shall be in the form, and contain the information, as prescribed by the commission. The records shall be kept by the handler for a period of five years and shall be submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  164. 73257.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission and the director must keep certain producer/handler information confidential, except when a judicial proceeding under this chapter requires disclosure.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73257. All proprietary information obtained by the commission or the director from producers or handlers, and all lists of producers or handlers in the possession of the commission or the director, are confidential and shall not be disclosed except when required in a judicial proceeding involving this chapter. Information on volume shipments, crop value, and any other related information which is required for reports to governmental agencies; financial reports to the commission or aggregate sales and inventory information; and any other information which the commission requires that gives only totals, but excludes individual handler information, may be disclosed by the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  165. 73258.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Assessments are levied on the producer, and the first handler must deduct the assessment from amounts paid to the producer and hold the funds in trust until they are paid to the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73258. Assessments shall be levied upon the producer. The first handler of navel oranges being assessed shall deduct the assessment from amounts paid by him or her to 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. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  166. 73259.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Handlers are personally liable for paying collected assessments.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73259. Every handler is personally liable for the payment of the collected assessments, and failure of the handler to collect the assessment from any producer does not exempt the handler from this liability. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  167. 73260.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    An assessment levied under this chapter is treated as the producer’s personal debt, and a handler’s failure to pay it to the commission does not remove the producer’s obligation.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73260. Any assessment which is levied pursuant to in this chapter is a personal debt of the producer so assessed. Failure of a handler to make payment of the collected assessment to the commission does not relieve the producer of this obligation. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  168. 73261.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    If a producer or handler misses the commission’s filing or assessment payment deadline, they must pay a 10% penalty plus 2% monthly interest on the unpaid balance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 6. Assessments and Records [73251 - 73261] ( Article 6 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73261. Any producer or handler who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due and, in addition, 2 percent interest per month on the unpaid balance. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  169. 73301.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [73301 - 73306] ( Article 7 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Making false commission reports, refusing requested orange-shipment information, or altering required records is a misdemeanor.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [73301 - 73306] ( Article 7 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73301. It is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding five hundred dollars ($500), or by both the fine and imprisonment, 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) When engaged in the shipping of navel oranges or in the wholesale or retail trade of navel oranges, 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 navel oranges have been received and the quantity so received. (c) Secrete, destroy, or alter records required to be kept under this chapter. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  170. 73302.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [73301 - 73306] ( Article 7 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must set up procedures to handle claims against it or its members and alternates, and to give aggrieved individuals an informal hearing. Appeals from commission decisions may be made to the director.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [73301 - 73306] ( Article 7 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73302. The commission shall establish procedures for the purpose of addressing any claims made against the commission or any of its individual members and alternates, and for the purpose of according individuals, including members and alternates, 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 director. The determination of the director is subject to judicial review upon petition filed with the appropriate superior court. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  171. 73303.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [73301 - 73306] ( Article 7 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission may bring civil actions and use legal or equitable remedies to collect assessments and civil penalties or obtain injunctive relief or specific performance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [73301 - 73306] ( Article 7 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73303. 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, with respect to this chapter and the rules and regulations adopted under this chapter. Except in a proceeding to determine whether the director acted arbitrarily or capriciously in restricting the activities or functions of the commission, upon a favorable verdict for the commission, the commission is 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. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  172. 73304.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [73301 - 73306] ( Article 7 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Actions for a penalty or other remedy under this chapter must be started within two years after the alleged violation.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [73301 - 73306] ( Article 7 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73304. Any action for any penalty or other remedy which is prescribed under this chapter shall be commenced within two years from the date of the alleged violation. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  173. 73305.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [73301 - 73306] ( Article 7 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [73301 - 73306] ( Article 7 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73305. It is not necessary for the commission to allege or prove that an adequate remedy at law does not exist in any action brought under this chapter. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  174. 73306.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [73301 - 73306] ( Article 7 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    This chapter must be read liberally, and if part of it is later held unconstitutional or invalid, the rest of the chapter still remains in effect.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [73301 - 73306] ( Article 7 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73306. This chapter shall be liberally construed. If any section, clause, or part of this chapter is for any reason held to be unconstitutional or invalid as applied to any person or as applied under certain circumstances, that decision shall not affect the remaining portions of this chapter or the application of this chapter to any other persons or under any other circumstance. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  175. 73351.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [73351 - 73356] ( Article 8 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must hold a producer referendum during the stated 1987–1988 window; the director then certifies the result, which determines whether the chapter stays in effect or is suspended.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [73351 - 73356] ( Article 8 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73351. Between October 1, 1987, and September 30, 1988, the commission shall conduct a referendum among producers in the manner prescribed in Section 73202 to determine whether the operation of this chapter shall be reapproved and continued in effect. If the director finds that a favorable vote has been given, he or she shall so certify and this chapter shall remain operative. If the director finds that a favorable vote has not been given, he or she shall so certify and declare the operation of this chapter and the commission suspended upon the expiration of the marketing season ending September 30, 1988. Thereupon, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 73355. No bond or security is required for the referendum. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  176. 73352.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [73351 - 73356] ( Article 8 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission must conduct a referendum every fifth year after a qualifying favorable referendum, unless a petition referendum under Section 73353 changes the timing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [73351 - 73356] ( Article 8 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73352. Following a favorable referendum conducted prior to September 30, 1988, a referendum shall be conducted by the commission every fifth year thereafter between October 1st and September 30, following procedures provided in this article, unless a referendum is conducted as the result of a petition filed pursuant to Section 73353. In that case, the referendum shall be every fifth year following the industry petitioned referendum. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  177. 73353.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [73351 - 73356] ( Article 8 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    The commission may recommend suspending the chapter after a two-thirds vote and a finding that it has not served its declared purposes. The director must run a producer referendum, set a 10-to-60 day referendum period, tabulate ballots, and continue the chapter only if participation and voting thresholds are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [73351 - 73356] ( Article 8 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73353. 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 director that the operation of this chapter be suspended. However, the suspension shall not become effective until the expiration of the current marketing season. The director shall, upon receipt of this recommendation, or may, after a public hearing to review a petition filed with him or her requesting the suspension, signed by 15 percent of the producers by number who produced not less than 15 percent of the volume in the immediately preceding marketing season, conduct a referendum among the producers to determine if the operation of the commission shall be suspended. The director shall establish a referendum period, which shall not be less than 10 or more than 60 days in duration. The director may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the established referendum period, the director shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers from the list established by the director participated in the referendum, the director shall continue the operation of this chapter, if he or she finds either one of the following: (a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of continuation, and the producers so voting marketed a majority or more of the volume of navel oranges 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, and the producers so voting marketed 65 percent or more of the volume of navel oranges marketed in the preceding season by all of the producers who voted in the referendum. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  178. 73354.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [73351 - 73356] ( Article 8 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    Before a referendum under Section 73353, petitioners must deposit with the director an amount the director thinks is needed to cover referendum preparation and administration 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 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [73351 - 73356] ( Article 8 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73354. Prior to any referendum resulting from a petition filed in accordance with Section 73353, the petitioners shall deposit with the director an amount that the director deems necessary to defray the expenses of preparing the necessary lists and information and conducting the referendum. Any funds not used shall be returned to the petitioners who deposited the funds with the director. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  179. 73355.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [73351 - 73356] ( Article 8 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

    If the commission is suspended, it must wind up operations and return remaining assessment funds pro rata to the people who paid them, unless the refund would be impractical because the amounts are too small.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [73351 - 73356] ( Article 8 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73355. After the effective date of suspension of the operation of this chapter and of the commission, the operations of the commission shall be concluded and any and all remaining funds held by the commission, collected by assessment and not required to defray the expenses of concluding and terminating the operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of a pro rata refund to these persons, any such funds remaining and 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 authorized navel orange or citrus program. If no such program exists, the funds shall be paid into a federally authorized navel orange or citrus program. If no such program exists, the funds shall be paid into the State Treasury as unclaimed trust money. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  180. 73356.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [73351 - 73356] ( Article 8 added by Stats. 1983, Ch. 494, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 11. California Navel Orange Commission [73001 - 73356] ( Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [73351 - 73356] ( Article 8 added by Stats. 1983, Ch. 494, Sec. 1. ) ## 73356. 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. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
  181. 74001.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    This section states that wine and winegrape production and distribution are an important state 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74001. The production and distribution of wine and winegrapes constitute an important industry of this state which provides substantial and necessary revenues for the state and employment for its citizens. It also furnishes an important food which benefits the public health and welfare. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  182. 74002.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    This section states that supporting the maintenance and expansion of California’s wine and winegrape industry and its markets is necessary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74002. The maintenance and expansion of the wine and winegrape industry of California and of its local, national, and foreign markets is necessary to assure the consuming public of a continuous supply of these products and needed levels of income for those engaged in the wine and winegrape industry in this state. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  183. 74003.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The section states that the public should be made aware of accurate and scientific information about the beneficial qualities of wine, winegrapes, and winegrape products.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74003. It is in the public interest that the public be made aware of accurate and scientific information relating to the beneficial qualities of wine, winegrapes, and winegrape products. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  184. 74004.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The statute declares wine, winegrape, and winegrape product production and marketing in California to be a matter of public interest and states that 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74004. The production and marketing of wine, winegrapes, and winegrape products produced 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 purpose of protecting the health, peace, safety, and general welfare of the people of this state. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  185. 74005.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    Actions taken by the commission or an individual under this chapter or its rules are not violations of the listed antitrust and trade restraint 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74005. No action taken by the commission nor by any individual in accordance with this chapter or with the rules and regulations adopted under the 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 Fair Trade Act (Chapter 3 (commencing with Section 16900) of that Part 2), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of that Part 2), or any statutory or common law against monopolies or combinations in restraint of trade. Proof that any action complained of was done in compliance with this chapter shall be a complete defense to the action or proceeding. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  186. 74006.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    This chapter must be interpreted broadly, and if part of it is invalid, the rest can still apply if 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74006. This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  187. 74007.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission’s members are treated as representing a particular agricultural industry, and that representation is treated as serving the 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74007. It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of a particular agricultural industry, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that with respect to persons who serve on the commission, the particular agricultural industry is tantamount to, and constitutes the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  188. 74008.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    This section says the commission form of administration created by the chapter is meant to address market development, marketing research, and production and processing 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74008. A commission form of administration created by this chapter is designed to deal with the broad fields of market development, marketing research, and production and processing research. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  189. 74009.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    This chapter may be cited as the Dills-Bronzan Winegrowers Joint Commission Act of 1986.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74001 - 74009] ( Article 1 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74009. This chapter shall be known and may be cited as the Dills-Bronzan Winegrowers Joint Commission Act of 1986. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  190. 7401.

    ## 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 1.5. Broomrape Program [7401 - 7441] ( Chapter 1.5 added by Stats. 2023, Ch. 651, Sec. 2. ) ## ARTICLE 1. General Provisions [7401 - 7402] ( Article 1 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    The Legislature states that broomrape is a serious agricultural and environmental threat, and that action and funding are needed to control it.

    ## 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 1.5. Broomrape Program [7401 - 7441] ( Chapter 1.5 added by Stats. 2023, Ch. 651, Sec. 2. ) ## ARTICLE 1. General Provisions [7401 - 7402] ( Article 1 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7401. The Legislature hereby finds and declares all of the following: (a) Broomrape is an invasive weed that presents a clear and present danger to California’s agricultural industry due to its harmful impact on crop yields and land values of commercial food crops, including, but not limited to, lettuce, tomato, cauliflower, potato, hemp, eggplant, pomegranate, peppers, beans, peas, carrot, celery, mustard, spinach, sunflower, safflower, and fennel. Susceptible food crops, with an economic value at nearly six billion dollars ($6,000,000,000), may experience up to 70 percent annual crop losses in areas infested with broomrape. Broomrape also impacts commercial seed production and can make agricultural land unusable for planting susceptible crops for decades. (b) Broomrape represents a clear and present danger to California’s natural environment, with susceptible hosts comprising native California flora, including rare or endangered species, such as showy Indian clover (T. amoenum), Buck’s clover (T. buckwestiorum), and Monterey clover (Trifolium trichocalyx). The potential long-term damage to California’s native biodiversity and environment from this pest may be irreparable and action must be taken to ensure the maintenance, restoration, enhancement, or protection of the environment by developing and involving regulatory procedures for protection of the environment. (c) The state’s agricultural economy and environment could be rapidly and seriously damaged if measures are not expanded to prevent the spread of broomrape, which can produce an estimated 10,000 to 100,000 seeds per infectious plant. (d) Financial support for the purposes of this chapter shall be provided by commodities designated in this chapter or included by the board and concurred in by the secretary in accordance with procedures specified in this chapter, and by public funds when available. (e) The necessity of controlling broomrape is recognized as being in the public interest. (f) This chapter is enacted in the exercise of the police power of the state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (Amended by Stats. 2024, Ch. 80, Sec. 51. (SB 1525) Effective January 1, 2025. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
  191. 7402.

    ## 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 1.5. Broomrape Program [7401 - 7441] ( Chapter 1.5 added by Stats. 2023, Ch. 651, Sec. 2. ) ## ARTICLE 1. General Provisions [7401 - 7402] ( Article 1 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    A Broomrape Program is established 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 4. WEEDS AND PEST SEEDS [7201 - 7603] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Broomrape Program [7401 - 7441] ( Chapter 1.5 added by Stats. 2023, Ch. 651, Sec. 2. ) ## ARTICLE 1. General Provisions [7401 - 7402] ( Article 1 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7402. There is hereby established in the department a Broomrape Program. (Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
  192. 74021.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The definitions in this article govern how this chapter is construed, unless the context otherwise requires.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74021. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  193. 74022.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74022. “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. 1986, Ch. 1286, Sec. 1.)
  194. 74023.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    This section defines “brandy” as a distilled alcohol made from fermented grape juice, mash, wine, or the residue of grapes, distilled at no more than 170 proof.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74023. “Brandy” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of whole, sound, ripe grapes or from the residue thereof, distilled at not over 170 degrees proof. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  195. 74024.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    “Commission” means the Winegrowers of California 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74024. “Commission” means the Winegrowers of California Commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  196. 74025.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    This section defines “grape concentrate” or “concentrate” as unfermented grape juice with most of its original water 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74025. “Grape concentrate” or “concentrate” means unfermented grape juice from which the major portion of the original water content has been removed. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  197. 74026.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    This section defines “grape juice” or “juice” as unfermented crushed grapes without solids that contain most of the original water content.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74026. “Grape juice” or “juice” means unfermented crushed grapes without solids containing the major portion of the original water content. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  198. 74027.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. )

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    This section defines “producer” and “grower” for winegrape marketing law.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74027. “Producer” and “grower” are synonymous and mean any person who produced winegrapes in a marketing season in a quantity of more than 25 tons. Unless otherwise exempted, producer also includes any person who receives winegrapes as payment for the use of his or her property in the production of winegrapes. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  199. 74028.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. )

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    This section defines seven “producer districts” and lists which California counties belong to each district.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74028. “Producer districts” shall consist of the following: (a) District 1 consists of Lake, Solano, Mendocino, Sonoma, Marin, and Napa Counties. (b) District 2 consists of the City and County of San Francisco, and Santa Barbara, San Luis Obispo, Ventura, Monterey, San Benito, Santa Clara, Santa Cruz, Alameda, San Mateo, and Contra Costa Counties. (c) District 3 consists of Butte, Colusa, Glenn, Sacramento, Shasta, Tehama, Yolo, Yuba, Trinity, Siskiyou, Modoc, Lassen, Plumas, Sierra, Sutter, Humboldt, and Del Norte Counties, and that portion of San Joaquin County north of State Highway 4. (d) District 4 consists of Merced, Stanislaus, Mariposa, Calaveras, Amador, El Dorado, Placer, Nevada, and Tuolumne Counties, and that portion of San Joaquin County south of State Highway 4. (e) District 5 consists of Fresno, Alpine, Mono, Inyo, and Madera Counties, and that portion of Kings and Tulare Counties north of Nevada Avenue (Avenue 192). (f) District 6 consists of Kern County and that portion of Kings and Tulare Counties south of Nevada Avenue (Avenue 192). (g) District 7 consists of Los Angeles, Orange, Riverside, San Bernardino, Imperial, and San Diego Counties. (Amended by Stats. 2004, Ch. 183, Sec. 128. Effective January 1, 2005.)
  200. 74029.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74029. “Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)

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