Food and Agricultural Code — Part 36 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 36 of 48 · provisions 7,001–7,200

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. 74030.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    “High proof” means an alcoholic distillate or a mixture of distillates made from fermented juice, mash, wine, or residue from fresh winegrapes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 74030. “High proof” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of fresh winegrapes or from the residue thereof. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  2. 74031.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    “Market” means selling, bartering, trading, purchasing, acquiring, or otherwise distributing wine, winegrapes, or 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 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74031. “Market” means to sell, barter, trade, purchase, acquire, or otherwise distribute wine, winegrapes, or winegrape products. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  3. 74032.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    “Market development” is defined broadly to include trade promotion, public information, information on health and social issues, trade-barrier removal activities, and possibly presenting facts to government agencies.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 74032. “Market development” includes, but is not limited to, trade promotion, public information, dissemination of information on health and social issues and other matters, and activities for the prevention, modification, or removal of trade barriers which restrict the free flow of winegrape products to market and may include the presentation of facts to state, federal, or foreign governmental agencies on matters which affect this chapter. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  4. 74033.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    “Market research” is defined as investigation, development, analysis, or implementation of information about marketing 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 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74033. “Market research” means any investigation, development, analysis, or implementation of information relating to the marketing of wine, winegrapes, and winegrape products including, but not limited to, trade practices, consumer trends, promotion, sales, and advertising. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  5. 74034.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 “marketing season” or “fiscal year” as the period from July 1 through June 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 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. ) ## 74034. “Marketing season” or “fiscal year” means the period beginning July 1 of any year and extending through June 30 of the following years. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  6. 74035.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 “must” as a mixture of unfermented crushed grapes, solid grape particles, and grape juice.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 74035. “Must” means a mixture of unfermented crushed grapes, solid grape particles, and grape juice. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  7. 74036.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    “Production research” means research about producing and processing winegrapes, including developing new winegrape products and uses for them.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 74036. “Production research” means research relating to the production and processing of winegrapes, including, but not limited to, the development of new winegrape products and uses for these products. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  8. 74037.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 “vintner” and “processor” as the same thing and describes who is included, with two exceptions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 74037. “Vintner” and “processor” are synonymous and mean any person engaged in producing must, grape juice, grape concentrate, wine, or products thereof, including high proof and brandy, and includes a “winegrower” as that term is defined in Section 23103 of the Business and Professions Code, who produces wine from winegrapes. However, a producer does not become a vintner solely by the act of field crushing winegrapes before delivering the winegrapes as must to another person. A vintner who acquires and processes winegrapes in the preceding marketing season in a quantity of 100 tons or less is not subject to this chapter. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  9. 74038.

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 74038. “Wine” means the product obtained by the fermentation of winegrapes or juice therefrom, with or without addition or abstracting, and includes any product made from winegrapes which is defined as a wine and permitted under Part III (commencing with Section 5381) of Subchapter F of Chapter 51 of Title 26 of the United States Code, and in the statutes of this state and regulations issued thereunder defining wine produced from grapes. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  10. 74039.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    “Winegrapes” means grapes produced in California and intended to be turned into grape juice, grape concentrate, wine, or related 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 2. Definitions [74021 - 74040] ( Article 2 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74039. “Winegrapes” means grapes produced in this state which are intended to be converted from their fresh form into grape juice, grape concentrate, wine, or products thereof, including, but not limited to, high proof and brandy produced from winegrapes. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  11. 74040.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 “winegrape products” to include several listed products made from winegrapes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 74040. “Winegrape products” include, but are not limited to, must, grape juice, grape concentrate, wine, high proof, and brandy produced from winegrapes. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  12. 7405.

    ## 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 2. Definitions [7405- 7405.] ( Article 2 added by Stats. 2023, Ch. 651, Sec. 2. )

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    This section defines key terms for the Broomrape Program, including Board, Broomrape/Orobanche, Districts, Handler, Person, and Producer.

    ## 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 2. Definitions [7405- 7405.] ( Article 2 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7405. Unless the context requires otherwise, the following definitions govern the construction of this chapter: (a) “Board” means the Broomrape Board. (b) “Broomrape” or “Orobanche” means a small parasitic herbaceous plant. (c) (1) “Districts” consists of the following geographical areas: (A) District 1: The Counties of Butte, Colusa, Glenn, Placer, Solano, Sutter, Yolo, and Yuba. (B) District 2: The Counties of Alameda, Contra Costa, Sacramento, San Benito, San Joaquin, Santa Clara, and Stanislaus. (C) District 3: The Counties of Fresno, Madera, Merced, Monterey, San Luis Obispo, Santa Barbara, and Santa Cruz. (D) District 4: The Counties of Imperial, Kern, Kings, Riverside and Tulare, and that portion of the County of Los Angeles lying north of the San Gabriel Mountains. (2) When necessary to accomplish the purposes of this chapter, additional areas of the state may be added to these districts or additional districts may be established through regulation when recommended by the board and approved by the secretary. (d) “Handler” means a person or entity who receives tomatoes from a producer and who prepares the tomatoes for processing. (e) “Person” means a producer, handler, or any other entity that holds title to tomatoes subject to assessment pursuant to this chapter. (f) “Producer” means a person engaged in the commercial production of processing tomatoes in California. (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.)
  13. 74061.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74061. There is in state government, the Winegrowers of California Commission. The commission shall be composed of 18 producers, 18 vintners, and may include one public member. (a) Producers within District 7 shall elect one producer member; producers within Districts 2, 3, 4, and 6 shall each elect two producer members; producers within District 5 shall elect four producer members; and producers within District 1 shall elect five producer members to serve on the commission. Alternate producer members shall be elected in the same manner. Each producer member and alternate producer member shall be elected from the district in which he or she produces the greatest portion of his or her winegrape tonnage. (b) Vintner members shall be elected by the industry at large and serve on the commission without reference to any county, district, or area of the state. (c) The public member may be appointed to the commission by the director from nominees recommended by the commission. (d) The director, and other appropriate individuals as determined by the commission, shall be ex officio members of the commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  14. 74062.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

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    The commission must periodically reapportion district producer and alternate members to reflect winegrape production values, and each district must have at least one and no more than five 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74062. Periodically, the number of producer members and their respective alternate members serving on the commission from any district shall be reapportioned in a manner that assures representation in accordance with the value of winegrapes produced in each district. However, no district shall have less than one member nor more than five members on the commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  15. 74063.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The director can order the commission to stop or fix activities that are not in the public interest or violate the chapter, and can 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74063. (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 these activities or functions or to make these 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 as required by the director has been accomplished by the commission. (c) Actions of the commission in violation of the written notice are 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. (d) 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, the reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and may make recommendations that will make the activities or functions acceptable. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  16. 74064.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission or the director may ask a court for judicial relief about a written notice or noncompliance with 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74064. The commission or the director may bring an action for judicial relief from the director’s written notice or for noncompliance by the commission with the written notice, as the case may be, in a court of competent jurisdiction which may issue a temporary restraining order, permanent injunction, or other appropriate relief. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  17. 74065.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    If the director must concur in a commission decision, the director must respond to the commission within 15 working days after notification. 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74065. When the director is required to concur in a decision of the commission, he or she shall indicate his or her response to the commission within 15 working days from notification of the decision. The response may be a request that additional information be provided. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  18. 74066.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission must reimburse the director for expenditures made in carrying out chapter duties, and a court may excuse the commission from paying the director’s legal costs if the director acted arbitrarily or capriciously.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74066. The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities pursuant to 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. 1986, Ch. 1286, Sec. 1.)
  19. 74067.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    Most commission members, except ex officio members, must have an alternate elected the same way as the 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74067. 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 of whom he or she is an alternate, serve in place of the member on the commission and have and be able to exercise all the rights, privileges, and powers of the member when serving on the commission. In the event of death, removal, resignation, or disqualification of a member, the alternate shall serve as a member on the commission until a successor is elected and has qualified. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  20. 74068.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    Producer members and alternate members must keep the required qualifications throughout their term, and they must have a financial interest in producing winegrapes 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74068. Any producer member and his or her alternate member shall be a person, or an employee representing a producer, who has a financial interest in producing, or causing to be produced, winegrapes for market. The qualifications of producer members and alternate members shall be maintained during the entire term of office. No more than one member and his or her alternate members shall be employed by or connected in a proprietary capacity with the same producer. However, producer membership in an agricultural nonprofit cooperative association or trade organization shall not be considered employment or being in a proprietary capacity. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  21. 74069.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    Vintner members and their alternates must meet the stated qualification criteria and keep those qualifications throughout their term.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74069. Any vintner member and his or her alternate member shall be a person, or an employee representing a vintner, who has a financial interest in processing winegrapes for market. The qualifications of vintner members and alternate members shall be maintained during the entire term of office. No more than one member and his or her alternate member shall be employed by or connected in a proprietary capacity with the same vintner. However, vintner membership in an agricultural nonprofit cooperative association or trade organization shall not be considered employment or being in a proprietary capacity. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  22. 74070.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The public member and alternate member have the same rights, privileges, and powers as other commission members, and the public member may not have a financial interest in the wine or winegrape 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74070. The public member and his or her alternate member shall have all the rights, privileges, and powers of any other member of the commission. The public member shall not have any financial interest in the wine or winegrape industry. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  23. 74071.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    Commission members and alternate members generally serve two-year terms, with the first terms split between one-year and two-year service, the term for each member chosen by lot, and no member or alternate member allowed to serve more than four consecutive terms.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74071. The term of office of members and alternate members shall be for two years or until their successors have been elected and have qualified. However, of the first members of the commission, one-half of the vintner members and their alternate members shall serve for one year; one-half of the producer members and their alternate members and one-half of the vintner members and their alternate members shall serve for two years. The determination of the term of each member shall be made by lot. No member or alternate member shall serve more than four consecutive terms. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  24. 74072.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    A quorum of the commission requires at least 10 producer members and 10 vintner members; alternate members count when acting in place of 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74072. No less than 10 producer members and 10 vintner members, including alternate members when acting in place of the members, shall constitute a quorum of the commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  25. 74073.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    A majority vote of members, or alternates acting for them, at a quorum meeting counts as an act of the commission, but any affirmative vote must include at least five producer members and five vintner 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74073. The vote of a majority of the members, or alternate members when acting in the place of the members, present at the meeting at which there is a quorum shall constitute the act of the commission. However, for an affirmative vote to be valid, it shall include not less than five producer members and five vintner members. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  26. 74074.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission is created as a corporate body and has corporate powers, including the ability to sue, be sued, contract, and adopt a corporate seal.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74074. 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. 1986, Ch. 1286, Sec. 1.)
  27. 74075.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The director or the director’s representatives must be notified and may attend commission 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74075. The director or his or her representatives shall be notified and may attend meetings of the commission and any committee meetings of the commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  28. 74076.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    Commission members and certain committee nonmembers may receive up to $100 per day, plus necessary travel expenses and meal allowances, but ex officio government members are excluded from the per-day amount.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74076. No member of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive a salary. Each member of the commission, except ex officio government members, and each member of a committee established by the commission who is a nonmember of the commission, may receive an amount not to exceed one hundred dollars ($100) per day, as established by the commission. This amount shall be paid 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. Members shall also receive necessary traveling expenses and meal allowances, as approved by the commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  29. 74077.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission must deposit received funds in banks it designates, and any disbursement must be made by order of the commission through designated agents. Those agents must be covered by a fidelity bond of at least $25,000 from an authorized surety company.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74077. All funds received from the assessments levied pursuant to this chapter or otherwise received by the commission shall be deposited in banks which the commission may designate and shall be disbursed by order of the commission through an agent or agents as it may designate. The agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business in this state, in favor of the commission, in an amount of not less than twenty-five thousand dollars ($25,000). (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  30. 74078.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The state is not liable for the commission’s acts or contracts, and commission personnel are generally not personally liable, except for their own dishonesty or crime.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 3. Winegrowers of California Commission [74061 - 74078] ( Article 3 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74078. (a) The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the commission are limited to the funds collected by the commission. (b) No member, alternate member, or any employee or agent of the commission, is personally liable for the contracts of the commission or for errors in judgment, mistakes or other acts, either of commission or omission, except for their own individual acts of dishonesty or crime. Liability is several and not joint, and no member, alternate member, or any employee or agent of the commission is liable individually for the default, act, or omission of any other member, alternate member, or any employee or agent of the commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  31. 74091.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission’s powers and duties include, and are not limited to, the powers and duties listed in this article.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74091. The powers and duties of the commission shall include, but are not limited to, all of those contained in this article. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  32. 74092.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission may make and change bylaws, rules, regulations, operating procedures, 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74092. The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, operating procedures, and orders for carrying out this chapter, including appeals from any bylaws, rules, regulations, operating procedures, or orders of the commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  33. 74093.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission may administer and enforce this chapter and may take actions reasonably necessary to carry it out, including contracting for services with public and private agencies.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74093. The commission may administer and enforce this chapter and do and perform all actions and exercise all powers incidental to, in connection with, or deemed reasonably necessary for, proper or advisable effectuation of this chapter, including, but not limited to, entering into contracts for services with public and private agencies which are deemed necessary by the commission to carry out this chapter. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  34. 74094.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission may appoint its own officers, including a chairperson, vice chairpersons, and other officers it considers 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74094. The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers it deems necessary. The officers shall have the powers and duties delegated to them by the commission. The office of chairperson shall alternate annually between the producer members and the vintner members. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  35. 74095.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission may hire a president and other needed personnel, including legal counsel. If conduct is not in the public interest or violates the chapter, the director must notify the commission and ask for corrective or disciplinary action; if the commission does not act satisfactorily, the director may suspend or discharge the person.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74095. The commission may employ a person to serve at the pleasure of the commission as president, and other personnel, including legal counsel, necessary to carry out this chapter. If the person 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 action 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 person. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  36. 74096.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission may 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74096. The commission may fix the compensation for all employees of the commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  37. 74097.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission may appoint committees that include both commission members and nonmembers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74097. The commission may appoint committees composed of both members and nonmembers of the commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  38. 74098.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission may set up offices, spend money, make contracts, create liabilities, and borrow funds before assessments are received if it considers that necessary for administering and enforcing the chapter and carrying out its duties.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74098. The commission may establish offices, incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt of assessments as may be necessary in the opinion of the commission for the proper administration and enforcement of this chapter and the performance of its duties. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  39. 74099.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission must keep accurate books, records, and accounts, have them audited annually by an auditing firm selected with the director’s concurrence, and include an audit summary in an annual report sent to producers, vintners, the Legislature, and the department. The director may also order a fiscal and compliance audit when 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74099. The commission shall keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of the director. A summary of the audit shall be made a part of an annual report to all producers and vintners, copies of which shall also be submitted to the Legislature and the department. In addition, the director may, as he or she determines necessary, conduct or cause to be conducted a fiscal and compliance audit of the commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  40. 7410.

    ## 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 3. Broomrape Board [7410 - 7413] ( Article 3 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    A Broomrape Board 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 3. Broomrape Board [7410 - 7413] ( Article 3 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7410. There is hereby established in the department a Broomrape Board. (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.)
  41. 74100.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission may promote California wine, winegrapes, and winegrape products through market development, research, and public education, but it may not target a specific private brand or trade name, use false or unwarranted claims, or disparage any commodity.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74100. The commission may engage in market development and market research through plans and programs to enhance the sale of California wine, winegrapes, and winegrape products for the purpose of maintaining existing markets and creating new and larger domestic and foreign markets, and to educate and instruct the public with respect to the uses and value of California wine, winegrapes, and winegrape products. However, any plans and programs so developed and conducted shall not be directed towards a particular private brand or trade name, although private brands and trade names may be used in wine tastings and other similar programs authorized by the commission. In addition, the plans and programs shall make no use of false or unwarranted claims on behalf of California winegrapes or winegrape products, nor disparage the quality, value, sale, or use of any commodity. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  42. 74101.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission may accept available private, state, or federal funds and may distribute funds by contract or agreement for the research described here.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74101. The commission may accept contributions of private, state, or federal funds that may be available for these purposes, and may allocate funds by contract or agreement to other persons or to state or federal agencies conducting this research. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  43. 74102.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission may research wine and winegrapes, including new products and uses.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74102. The commission may undertake appropriate research relating to the production and processing of wine and winegrapes, including the development of new winegrape products and uses for these products. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  44. 74103.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission may publish and distribute bulletins or other communications about the California wine and winegrape industries.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74103. The commission may publish and distribute bulletins or other communications relating to the California wine and winegrape industries. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  45. 74104.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission may set 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74104. The commission may establish an assessment rate to defray operating costs of the commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  46. 74105.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission may adopt an annual budget using accepted accounting practices, and the director must concur before funds are disbursed, except for disbursements under Section 74096.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74105. The commission may 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 Section 74096. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  47. 74106.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission must submit an annual statement of contemplated 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74106. The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  48. 74107.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission may investigate and prosecute civil violations of this chapter and may file complaints with appropriate law enforcement agencies or officers for suspected criminal violations.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74107. The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations of this chapter. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  49. 74108.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The director may require a commission contract to be submitted for concurrence, and if the director does not concur, the director must hold a hearing, explain the decision in writing, and decide within set deadlines; the contract cannot be executed until the final decision.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [74091 - 74108] ( Article 4 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74108. The director may require that any contract in which the commission is a party be submitted to him or her for concurrence prior to the commission entering into the contract. If the director requires the submission of a contract and does not concur in that contract, he or she shall hold a public hearing within 14 days of the initial decision not to concur. In the notice of the hearing, the director shall present a written explanation of his or her decision. The director shall make a final decision on whether or not to concur in the contract within 30 days of the hearing. The contract may not be executed from the time that the director makes the initial decision not to concur to the time of the final decision. (Repealed (as added by Ch. 1286) and added by Stats. 1986, Ch. 1287, Sec. 2.)
  50. 7411.

    ## 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 3. Broomrape Board [7410 - 7413] ( Article 3 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    The secretary must appoint at least 12 board members, and the board must include at least three representatives from each district.

    ## 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 3. Broomrape Board [7410 - 7413] ( Article 3 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7411. (a) The secretary shall appoint at least 12 members to the board. The board shall consist of at least three representatives from each district and shall be comprised of persons recommended by the tomato industry and approved by the secretary. (b) The term of service and other board related operational issues shall be established by the board and approved by the secretary. (c) The secretary may appoint a public member to the board from a list of persons provided by the board who do not have a financial interest in any commodities subject to this chapter but may have general knowledge of commercial agricultural practices. The public member shall have the same voting and other rights and immunities as other members of the board. (d) The secretary, in consultation with the board, may appoint nonvoting ex officio members to the board, including, but not limited to, county agricultural commissioners, pest control advisors, and representatives of the University of California and California State University system. (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.)
  51. 7412.

    ## 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 3. Broomrape Board [7410 - 7413] ( Article 3 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    Board appointees are meant to represent the relevant agricultural commodities and to further their interests in the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. Broomrape Board [7410 - 7413] ( Article 3 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7412. Persons appointed to the board are intended to represent and further the interest of the particular agricultural commodities concerned, and that the representation and furtherance is intended to serve the public interest and accordingly is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (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.)
  52. 74121.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    This chapter does not take effect until the director finds, after a referendum, that a favorable vote was given, except as needed to conduct an implementation 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74121. This chapter, except as necessary to conduct an implementation referendum, shall not become operative until the director finds, in a referendum conducted by him or her, or a person designated by the director, that a favorable vote has been given pursuant to this article. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  53. 74122.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The referendum must let eligible producers and eligible vintners jointly approve 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 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74122. The referendum shall provide for eligible producers and eligible vintners to approve this chapter jointly as applicable to both producers and vintners. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  54. 74123.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The director must create eligibility lists for producers and vintners, may require specified information to be submitted in writing, and producers or vintners not on the list can file a signed statement to be added.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74123. (a) Not later than April 1, 1987, the director shall establish a list of producers and a list of vintners who are eligible to vote on implementation of this chapter. In establishing the lists, the director may require producers, vintners, county agricultural commissioners, and others to submit the names and mailing addresses of all producers and vintners. The director also may require that the information provided include the quantity of winegrapes sold to vintners and the quantity of winegrapes processed by vintners or, in the alternative, may establish procedures for receiving the information at the time of the referendum. 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. (b) Any producer or vintner whose name does not appear on the director’s lists may have his or her name included on the appropriate list by filing with the director a signed statement identifying himself or herself as a producer or vintner. Failure to be on the appropriate list does not exempt any producer or vintner from paying assessments under this chapter. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  55. 74124.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The director must treat this chapter as approved only if enough producers participate in the referendum and one of the stated voting-and-volume tests is 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74124. In determining whether this chapter is approved by producers, the director must find that at least 40 percent of the total number of producers from the list established by the director participated in the referendum, and that either one of the following has occurred: (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 winegrapes in the preceding marketing season, or in the current marketing season if the harvest is completed prior to the vote, by all 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 winegrapes in the preceding marketing season, or in the current marketing season if the harvest is completed prior to the vote, by all the producers who voted in the referendum. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  56. 74125.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The director must determine that the chapter is approved only if at least 40% of listed vintners participated in the referendum and one of the stated voting/volume conditions was 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74125. In determining whether this chapter is approved by vintners, the director must find that at least 40 percent of the total number of vintners from the list established by the director participated in the referendum, and that either one of the following has occurred: (a) Sixty-five percent or more of the vintners who voted in the referendum voted in favor of this chapter, and the vintners so voting either acquired or processed their own production, or a combination thereof, which represents a majority of the volume of winegrapes in the preceding marketing season, or in the current marketing season if the harvest is completed prior to the vote, by all the vintners who voted in the referendum. (b) A majority of the vintners who voted in the referendum voted in favor of this chapter, and the vintners so voting either acquired or processed their own production, or a combination thereof, which represents 65 percent or more of the volume of winegrapes in the preceding marketing season, or in the current marketing season if the harvest is completed prior to the vote, by all the vintners who voted in the referendum. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  57. 74126.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The director must set the referendum period between 10 and 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74126. 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 additional procedures 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. 1986, Ch. 1286, Sec. 1.)
  58. 74127.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    Not receiving a ballot does not invalidate a 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74127. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  59. 74128.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The director must declare the chapter inoperative if no favorable vote is found, and must notify producers and vintners if a favorable vote is found.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74128. If the director finds that a favorable vote has not been given as provided in this chapter, he or she shall certify and declare this chapter inoperative. If the director finds that a favorable vote has been given as provided in this chapter, he or she shall certify and give notice of the favorable vote to all producers and vintners whose names and addresses may be on file with the director. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  60. 74129.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    When the commission is certified, certain current producer and vintner members and alternates from the California Wine and Winegrape Improvement Program become the commission’s initial members and alternates.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74129. Upon certification of the commission, the producer and vintner members and their alternate members who are then serving on the California Wine and Winegrape Improvement Program made effective by the director on August 21, 1984, shall become the initial members and alternate members of the commission and shall serve in accordance with the requirements of Section 74071. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  61. 7413.

    ## 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 3. Broomrape Board [7410 - 7413] ( Article 3 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    Board members and agents are generally protected from personal liability for board or department actions, but not for their own dishonesty or crime.

    ## 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 3. Broomrape Board [7410 - 7413] ( Article 3 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7413. A member or agent of the board shall not be personally liable for the actions of the board or the department. A member or agent of the board shall not be responsible individually in any way to any other person for errors in judgment, mistakes, or other acts, by either commission or omission, as a principal, agent, or employee except for their own individual acts of dishonesty or crime. A member or agent of the board is not responsible individually for an act or omission of any other member or agent of the board or the department. Liability is several and not joint, and a member or agent of the board is not liable for the default of any other member or agent of the board or the department. (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.)
  62. 74130.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    After Section 74129, commission elections must follow 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74130. Subsequent to the action taken pursuant to Section 74129, persons to be elected to the commission upon expiration of existing terms shall be selected pursuant to the nomination and election procedures established by the commission with the concurrence of the director. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  63. 74131.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    Before the implementation referendum, the commission’s proponents must deposit the amount set by the director to cover creation expenses. The commission may later reimburse some of those funds and certain legal costs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [74121 - 74131] ( Article 5 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74131. (a) Prior to the implementation referendum conducted by the director, 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 producer and vintner lists and conducting the referendum. (b) Any funds remaining after paying expenses shall be returned to the proponents of the commission who deposited the funds with the director. (c) The commission may reimburse the proponents of the commission for any funds deposited with the director which were used in carrying out this article and for any legal expenses and costs incurred in establishing the commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  64. 74151.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [74151 - 74157] ( Article 6 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission must set an assessment rate for each marketing season, and the rate is capped at 1% for producers and 1% for vintners.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [74151 - 74157] ( Article 6 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74151. (a) Prior to the beginning of each marketing season or as soon thereafter as possible, the commission shall establish an assessment rate for the marketing season. (b) The assessment rate shall be the same for producers and vintners. The assessment rate for producers shall not exceed 1 percent of the gross dollar value of winegrapes marketed by producers to vintners. The assessment rate for vintners shall not exceed 1 percent of the gross dollar value of winegrapes acquired by vintners from producers. If a producer sells winegrapes for a specified sum in a bona fide sale, the gross dollar amount of this sum is the gross dollar value of the winegrapes. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  65. 74152.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [74151 - 74157] ( Article 6 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    Certain producers and producer-vintners must pay producer and vintner assessments when they arrange winegrape processing and keep ownership of the processed product during the marketing season.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 6. Assessments and Records [74151 - 74157] ( Article 6 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74152. Any producer, or producer who is also a vintner, who contracts or otherwise arranges for the processing of his or her winegrapes and retains ownership of the processed product during the marketing season shall pay the producer assessment and the vintner assessment. The “weighted average producer returns per ton” by district as published in the most recent Final Grape Crush Report issued annually for the current marketing season by the department shall be used as the basis for determining product gross dollar value and the assessment. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  66. 74153.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [74151 - 74157] ( Article 6 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    This chapter does not apply to winegrapes made only for a producer’s home use or processed only for a vintner’s home use.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [74151 - 74157] ( Article 6 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74153. This chapter shall not apply to winegrapes produced only for a producer’s home use or processed only for a vintner’s home use. However, any producer or vintner claiming this exemption shall file an affidavit with the commission establishing the manner in which the winegrapes are used. The commission shall then determine whether the affidavit should be approved. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  67. 74154.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [74151 - 74157] ( Article 6 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    Producers and vintners subject to this chapter must keep complete and accurate records of their operations, preserve them for two 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 6. Assessments and Records [74151 - 74157] ( Article 6 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74154. Every producer and vintner subject to this chapter shall keep a complete and accurate record of their operations. The records shall be in simple form and contain information as the commission shall prescribe. The records shall be preserved by producers and vintners 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. 1986, Ch. 1286, Sec. 1.)
  68. 74155.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [74151 - 74157] ( Article 6 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission and the director must keep certain producer and vintner information confidential and generally may not disclose it, except when a judicial proceeding 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 6. Assessments and Records [74151 - 74157] ( Article 6 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74155. All proprietary information obtained by the commission or the director from producers or vintners, and all lists of producers and vintners in the possession of the commission or the director are confidential and shall not be disclosed except when required in a judicial proceeding. Information on volume shipments, commodity value, and other related information which is required for reports to governmental agencies; financial reports made to the commission or aggregate sales and inventory information; and any other information which is requested from the commission excluding individual producer or vintner information, may be disclosed by the commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  69. 74156.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [74151 - 74157] ( Article 6 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    An assessment levied by the commission becomes a personal debt of the assessed person and must be paid when and how the commission 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 6. Assessments and Records [74151 - 74157] ( Article 6 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74156. Any assessment levied by the commission, pursuant to this chapter, is a personal debt of every person so assessed and is due and payable in a time and manner prescribed by the commission. Failure of a vintner to collect the assessment from a producer shall not exempt the vintner from liability nor relieve the producer of the obligation to pay the assessment. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  70. 74157.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [74151 - 74157] ( Article 6 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    If a person does not file a return or pay an assessment on time, the person must pay the commission a 10% penalty plus 1.5% interest per month on the unpaid balance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 6. Assessments and Records [74151 - 74157] ( Article 6 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74157. Any person who fails to file a return, or remit 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, 11/2 percent interest per month on the unpaid balance. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  71. 74171.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [74171 - 74174] ( Article 7 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    This section makes it unlawful for any person to submit false commission-required reports, statements, or records, to refuse required information to the commission or its agents in wine-related activities, or to hide, destroy, or change records that must be kept.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [74171 - 74174] ( Article 7 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74171. It is unlawful 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 marketing, processing, or other activities related to wine or winegrapes, to fail or refuse to furnish the commission or its duly authorized agents, information concerning the name and address of the persons to whom winegrapes were delivered or from whom winegrapes have been received, and the quantity so delivered or received. (c) Secrete, destroy, or alter records required to be maintained under this chapter. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  72. 74172.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [74171 - 74174] ( Article 7 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission must set up procedures for an informal hearing for people aggrieved by its acts 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [74171 - 74174] ( Article 7 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74172. The commission shall establish procedures for the purpose of according individuals aggrieved by its acts or determinations an informal hearing. Appeals from decisions of the commission may be made to the director. The determination of the director shall be subject to judicial review upon petition filed with the appropriate superior court. Pending disposition of any appeal and judicial review, the parties shall abide by the acts or determinations of the commission. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  73. 74173.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [74171 - 74174] ( Article 7 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission may sue to collect assessments and civil penalties and seek injunctions or specific performance; after a final judgment for the commission, the court must bar the defendant from doing business in the covered commodity until the judgment is satisfied.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [74171 - 74174] ( Article 7 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74173. (a) The commission may commence civil action and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and the obtaining of injunctive relief or specific performance regarding this chapter and the rules and regulations adopted pursuant to this chapter. (b) 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 and satisfaction of the judgment. Upon a favorable verdict for the commission, it shall be entitled to receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue 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. 1986, Ch. 1286, Sec. 1.)
  74. 74174.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [74171 - 74174] ( Article 7 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    If this chapter is suspended or terminated under Article 8, that does not wipe out rights, duties, obligations, liabilities, or violations connected to 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [74171 - 74174] ( Article 7 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74174. Suspension or termination of this chapter in accordance with Article 8 (commencing with Section 74191) shall not result in any of the following: (a) Affecting, waiving, or termination of any right, duty, obligation, or liability which may have arisen or may thereafter arise in connection with this chapter. (b) Releasing, condoning, or dismissal of any violation of this chapter. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  75. 74191.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [74191 - 74196] ( Article 8 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission must hold a referendum of producers and vintners during the stated period, and the director must certify the result; if the vote is favorable, the chapter stays in effect, and if not, the chapter’s operations are suspended after the 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [74191 - 74196] ( Article 8 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74191. Between July 1, 1991, and June 30, 1992, inclusive, the commission shall cause a referendum to be conducted among producers and vintners in the manner specified in Section 74122 to determine whether this chapter shall be reapproved and continued in effect. A favorable vote shall be found if the director determines from the referendum that a majority of the eligible producers, or vintners, or both, who voted in the referendum voted in favor of continuing the operations of this chapter. If the director finds that a favorable vote has been given to continue a joint producer-vintner commission, a producer commission, or a vintner commission, he or she shall so certify and this chapter or the appropriate portions thereof shall remain in effect. If the director finds that a favorable vote has not been given, he or she shall so certify and declare the operations of this chapter suspended upon expiration of the marketing season. No bond or security shall be required for any such referendum. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  76. 74192.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [74191 - 74196] ( Article 8 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The commission must hold a referendum every fifth year after a favorable referendum held before June 30, 1992, unless an industry petition triggers a referendum under this article.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [74191 - 74196] ( Article 8 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74192. Following a favorable referendum conducted prior to June 30, 1992, a referendum shall be conducted by the commission every fifth year thereafter unless a referendum is conducted as a result of a petition pursuant to this article. In that case, the referendum shall be every fifth year following the industry petitioned referendum following procedures provided in this article. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  77. 74193.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [74191 - 74196] ( Article 8 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    This section lets the commission recommend suspension of the chapter and sets a petition-and-referendum process for the director to decide whether to suspend 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [74191 - 74196] ( Article 8 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74193. (a) Upon a finding by a two-thirds vote of the commission that this chapter has not tended to effectuate its declared purposes, the commission may recommend to the director that this chapter be suspended. However, any suspension shall not become effective until the expiration of the current marketing season. (b) Alternatively, the director may be petitioned to suspend this chapter. The petition must be signed by 20 percent of the producers by number who produced not less than 20 percent of the volume of winegrapes in the immediately preceding marketing season and 20 percent of the vintners by number who acquired not less than 20 percent of the volume of winegrapes in the immediately preceding marketing season. The director shall hold a hearing on the petition after receiving it. (c) The director shall, upon receipt of the recommendation to suspend this chapter from the commission, or may, after holding the hearing on the petition to suspend this chapter, hold a referendum among the producers and vintners to determine if the commission shall be suspended. However, the director shall not hold a referendum as a result of the petition unless the petitioner shows by the weight of evidence that this chapter has not tended to effectuate its declared purposes. (d) The director shall establish a referendum period, which shall not be less than 10 days nor 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 referendum period, the director shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers and 40 percent of the total number of vintners from the lists established by the director participate in the referendum, the director shall suspend this chapter if he or she finds either of the following has occurred: (1) Sixty-five percent or more of the producers and vintners who voted in the referendum, voted in favor of suspension; the producers so voting marketed a majority of the total quantity of winegrapes marketed in the preceding marketing season by all of the producers who participated in the referendum; and the vintners so voting acquired a majority of the total quantity of winegrapes acquired in the preceding marketing season by all of the vintners who participated in the referendum. (2) A majority of the producers and vintners who voted in the referendum voted in favor of suspension; the producers so voting marketed 65 percent or more of the total quantity of winegrapes marketed in the preceding marketing season by all of the producers who voted in the referendum; and the vintners so voting acquired 65 percent or more of the total quantity of winegrapes acquired in the preceding marketing season by all of the vintners who voted in the referendum. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  78. 74194.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [74191 - 74196] ( Article 8 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    The director must terminate the commission at the end of the current marketing season if the written request meets the stated petition and percentage 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [74191 - 74196] ( Article 8 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74194. (a) The director shall terminate the commission at the end of the current marketing season if the director finds that termination is requested in writing, within a 90-day period, by at least 51 percent of the eligible producers that are directly affected that market at least 51 percent of the volume of the product, and by at least 51 percent of the eligible vintners that are directly affected that acquire 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 the request is initiated. Any person may withdraw his or her name from the petition requesting the termination prior to the time the request is presented to the director. (c) The signatures to the petition requesting termination need not all be appended to one sheet of paper. Each person signing the petition shall add his or her signature and business address. If no business address is given, a designation of the place of business shall be given which will enable the location to be readily ascertained. (d) 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. 1986, Ch. 1286, Sec. 1.)
  79. 74195.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [74191 - 74196] ( Article 8 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    If the chapter is suspended, the commission must wind down its operations and distribute remaining funds as specified.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [74191 - 74196] ( Article 8 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74195. After the effective date of suspension of this chapter, the operations of the commission shall be concluded and any and all funds remaining held by the commission and not required to defray the expenses of concluding and terminating the commission shall be returned on a pro rata basis to all persons from whom assessments were collected in the immediately preceding marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of the pro rata refund to these persons, any funds shall be paid into an appropriate program conducted by the University of California or the California State University, another state agency, or a federal agency which deals with the purposes of this chapter. If no program exists, the funds shall be paid into the State Treasury as unclaimed trust funds. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  80. 74196.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [74191 - 74196] ( Article 8 added by Stats. 1986, Ch. 1286, Sec. 1. )

    Verify source ↗

    If this chapter is suspended, the commission must mail a copy of the suspension notice to affected producers and vintners 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 12. Winegrowers of California Commission [74001 - 74196] ( Chapter 12 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [74191 - 74196] ( Article 8 added by Stats. 1986, Ch. 1286, Sec. 1. ) ## 74196. Upon suspension of this chapter, the commission shall mail a copy of the notice of suspension to all producers and vintners affected by the suspension whose names and addresses are on file. (Added by Stats. 1986, Ch. 1286, Sec. 1.)
  81. 7420.

    ## 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 4. Powers and Duties [7420 - 7424] ( Article 4 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    The board must recommend specific actions to the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties [7420 - 7424] ( Article 4 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7420. The board shall recommend specific actions to the secretary, including, but not limited to, all of the following: (a) Conducting research related to broomrape. (b) Disseminating technical information and progress reports to stakeholders. (c) Surveying, detecting, analyzing, and treating causes of broomrape. (d) Funding activities, including, but not limited to, grants that may be required to accomplish the purposes of this chapter. (e) Establishing an annual assessment rate or schedule of rates that shall be paid equally by producers and handlers. (f) Establishing an annual budget. (g) Specifying other commodities produced in California that shall be subject to this chapter, increasing membership on the board to include producers and handlers of those commodities, and establishing an assessment rate consistent with expenditures needed to accomplish the purposes of this chapter. (h) Adoption of regulations recommended by the board relating to broomrape. (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.)
  82. 7421.

    ## 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 4. Powers and Duties [7420 - 7424] ( Article 4 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    After receiving a board recommendation for regulations, the secretary must either act to implement it, refuse with written reasons, or ask for more information.

    ## 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 4. Powers and Duties [7420 - 7424] ( Article 4 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7421. Upon receipt of a recommendation from the board for the adoption of regulations, the secretary shall do one of the following: (a) Initiate appropriate action to implement the recommendation of the board. (b) Decline to initiate action on the recommendation of the board and provide the board with a written statement of reasons for the decision. (c) Request that the board provide additional information regarding the recommendation. (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.)
  83. 7422.

    ## 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 4. Powers and Duties [7420 - 7424] ( Article 4 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    The secretary may appoint a statewide coordinator to establish the board and carry out activities specified in this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties [7420 - 7424] ( Article 4 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7422. The secretary may appoint a statewide coordinator to establish the board and enact any activities specified in this chapter. (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.)
  84. 7423.

    ## 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 4. Powers and Duties [7420 - 7424] ( Article 4 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    The board must authorize reimbursement to the secretary for expenditures the secretary incurred while carrying out the chapter’s duties and responsibilities.

    ## 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 4. Powers and Duties [7420 - 7424] ( Article 4 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7423. The board shall authorize reimbursement of the secretary for all expenditures incurred by the secretary in carrying out the duties and responsibilities specified in this chapter. (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.)
  85. 7424.

    ## 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 4. Powers and Duties [7420 - 7424] ( Article 4 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    The secretary may not be reimbursed for costs above the annual budget unless the board first authorizes 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 4. Powers and Duties [7420 - 7424] ( Article 4 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7424. The secretary shall not receive reimbursement for costs that exceed expenditures authorized in the annual budget without first receiving authorization from the board. (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.)
  86. 7430.

    ## 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 5. Fund and Assessments [7430 - 7434.5] ( Article 5 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    This section creates the Broomrape Management Account and allows it to receive certain funding sources. Money from those sources is continuously appropriated and must be used to reimburse the secretary for costs of carrying out the board’s recommendations.

    ## 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 5. Fund and Assessments [7430 - 7434.5] ( Article 5 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7430. (a) There is hereby created the Broomrape Management Account in the Department of Food and Agriculture Fund. (b) The Broomrape Management Account may consist of funds made available from federal, industry, and other nonpublic fund sources. Money made available from federal, industry, and other nonpublic sources shall be continuously appropriated and made available for expenditure without regard to fiscal year for the purposes of this chapter. (c) Any funds within the Broomrape Management Account shall be used to reimburse the secretary for the costs of carrying out recommendations of the board. (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.)
  87. 7431.

    ## 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 5. Fund and Assessments [7430 - 7434.5] ( Article 5 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    The board must recommend an assessment rate or schedule of rates for the secretary’s approval, and the secretary may adjust the rate when the board recommends 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 5. Fund and Assessments [7430 - 7434.5] ( Article 5 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7431. (a) The board shall recommend an assessment rate or schedule of rates for approval by the secretary. (b) The secretary may adjust the assessment rate or schedule of rates from time to time when recommended by the board. (c) The assessment rate or schedule of rates may vary from district to district and from commodity to commodity based on multiple factors, including the degree of vulnerability to damage from broomrape experienced by producers. (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.)
  88. 7432.

    ## 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 5. Fund and Assessments [7430 - 7434.5] ( Article 5 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    Handlers must pay the assessments collected from producers to the secretary, as the secretary provides.

    ## 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 5. Fund and Assessments [7430 - 7434.5] ( Article 5 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7432. The assessments collected from producers shall be paid by handlers to the secretary as provided by the secretary. (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.)
  89. 7433.

    ## 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 5. Fund and Assessments [7430 - 7434.5] ( Article 5 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    People assessed for this article’s assessment must pay it, and missed reporting, payment, or compliance can trigger a 10% penalty plus 1.5% monthly interest.

    ## 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 5. Fund and Assessments [7430 - 7434.5] ( Article 5 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7433. (a) Any assessment that is imposed on the producer or handler pursuant to this article is a personal debt of the person assessed. (b) Failure to collect the assessment does not exempt the person assessed from liability and does not relieve a person from the obligation to pay the assessment. (c) Any person who fails to file a report or pay the assessment or otherwise comply with this chapter shall pay a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, shall pay 1.5 percent interest per month on the unpaid balance of the assessment and the penalty. (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.)
  90. 7434.

    ## 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 5. Fund and Assessments [7430 - 7434.5] ( Article 5 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    Funds received under this article must be deposited and managed as the board decides, and used for this chapter’s purposes, administration, and enforcement. If Section 7430 revenue is not enough to repay program expenses, the secretary is not required to administer the chapter’s provisions.

    ## 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 5. Fund and Assessments [7430 - 7434.5] ( Article 5 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7434. (a) Any funds received pursuant to this article shall be deposited and handled in a manner determined by the board and shall be expended for the purposes, administration, and enforcement of this chapter. (b) To the extent that revenue generated from Section 7430 is insufficient to repay the expenditures associated with this program, the Department of Food and Agriculture Fund shall be held harmless, and the secretary shall not be required to administer the provisions of this chapter. (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.)
  91. 7434.5.

    ## 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 1.5. Broomrape Program [7401 - 7441] ( Chapter 1.5 added by Stats. 2023, Ch. 651, Sec. 2. ) ## ARTICLE 5. Fund and Assessments [7430 - 7434.5] ( Article 5 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    The department’s costs for carrying out this chapter are to be reimbursed only by the assessment.

    ## 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 5. Fund and Assessments [7430 - 7434.5] ( Article 5 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7434.5. Any costs incurred by the department in establishing, administering, and enforcing the provisions of this chapter shall be solely reimbursed by the assessment. These costs include, but are not limited to, startup costs incurred by the department before collecting the assessment, the costs of developing any regulations pursuant to this chapter, and the ongoing costs associated with the statewide coordinator. (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.)
  92. 7435.

    ## 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 6. Enforcement [7435- 7435.] ( Article 6 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    The secretary may make regulations and enforcement provisions for this chapter, so long as they fit the intent of the division.

    ## 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 6. Enforcement [7435- 7435.] ( Article 6 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7435. The secretary may establish regulations and enforcement provisions for purposes of this chapter consistent with the intent expressed in this division and any action shall be liberally construed to effectuate the intent of this chapter. (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.)
  93. 7440.

    ## 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 7. Operation [7440 - 7441] ( Article 7 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    This chapter becomes inoperative on July 1, 2028, and is repealed as of January 1, 2029.

    ## 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 7. Operation [7440 - 7441] ( Article 7 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7440. This chapter shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed. (Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Ch. 1.5, comprising Sections 7401 to 7441.)
  94. 7441.

    ## 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 7. Operation [7440 - 7441] ( Article 7 added by Stats. 2023, Ch. 651, Sec. 2. )

    Verify source ↗

    When this chapter becomes inoperative, any remaining funds must be refunded pro rata to people who paid assessments in the prior 12 months, unless refund amounts are minimal and impractical or the payer cannot be located.

    ## 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 7. Operation [7440 - 7441] ( Article 7 added by Stats. 2023, Ch. 651, Sec. 2. ) ## 7441. Upon the inoperative date of this chapter, any remaining funds received pursuant to this chapter shall be refunded on a pro rata basis to all persons from whom assessments were collected during the 12-month period before the inoperative date, unless the secretary finds the amounts returnable are minimal and therefore impractical to refund, or the person who paid the assessment cannot be located, in which case the funds may be used for broomrape control or related research activities. (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.)
  95. 74501.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This section says wine and wine-related products are an important state industry that provides revenues and jobs, and that wine is an important food benefiting public health and welfare.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74501. The production and distribution of wine and wine-related products 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. 1287, Sec. 3.)
  96. 74502.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This provision states that maintaining and expanding California’s wine industry and its local, national, and foreign markets is necessary to ensure a steady supply of wine products and needed income for people in the industry.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74502. The maintenance and expansion of the wine 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 the maintenance of needed levels of income for those engaged in the wine industry in this state. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  97. 74503.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This section states that it is in the public interest for people to receive accurate and scientific information about the beneficial qualities of wine and wine-related 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74503. It is in the public interest that the public be made aware of accurate and scientific information relating to the beneficial qualities of wine and wine-related products. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  98. 74504.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The state declares wine and wine-related product production and marketing in California to be 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74504. The production and marketing of wine and wine-related 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. 1287, Sec. 3.)
  99. 74505.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    Actions taken by the commission or an individual under this chapter or its regulations are not violations of certain antitrust and restraint-of-trade laws, and compliance is a complete defense in any action or proceeding.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74505. No action taken by the commission or 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. 1287, Sec. 3.)
  100. 74506.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This chapter must be read liberally, and if part of it is invalid, the rest still applies when it can stand on its own.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74506. 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. 1287, Sec. 3.)
  101. 74507.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    Members of the commission are intended to represent a particular agricultural industry, and that industry is treated as the public generally for a specified Government Code purpose.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74507. 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. 1287, Sec. 3.)
  102. 74508.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This section says the commission form of administration created by the chapter is intended 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 1. Declaration and General Provisions [74501 - 74508] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74508. 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. 1287, Sec. 3.)
  103. 74521.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74521. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  104. 74522.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74522. “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. 1287, Sec. 3.)
  105. 74523.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This section defines “brandy” as a distilled alcoholic product made from fermented grape juice, mash, wine, or grape residue, and 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74523. “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. 1287, Sec. 3.)
  106. 74524.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    “Commission” means the California Wine 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74524. “Commission” means the California Wine Commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  107. 74524.1.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74524.1. “Director” means the Director of Food and Agriculture. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  108. 74524.5.

    ## 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    “Eligible volume” means the total tonnage of winegrapes processed in the preceding marketing season by vintners subject to 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74524.5. “Eligible volume” means the total tonnage of winegrapes processed in the preceding marketing season by vintners subject to this chapter. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  109. 74525.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    “Grape concentrate” or “concentrate” means 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74525. “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. 1287, Sec. 3.)
  110. 74526.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    “Grape juice” or “juice” means unfermented crushed grapes without solids, with 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74526. “Grape juice” or “juice” means unfermented crushed grapes without solids containing the major portion of the original water content. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  111. 74527.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    “Producer” and “grower” mean the same thing for this provision.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74527. “Producer” and “grower” are synonymous and mean any person who produced winegrapes in the preceding marketing season. 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. 1287, Sec. 3.)
  112. 74528.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This provision defines “ex officio member” as a nonvoting member of the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74528. “Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  113. 74529.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    “High proof” is defined as certain alcoholic distillates made from fresh winegrapes or their residue.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74529. “High proof” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of fresh winegrapes or from the residue thereof. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  114. 74530.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    “Market” means to sell, barter, trade, purchase, acquire, or otherwise distribute wine or wine-related 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74530. “Market” means to sell, barter, trade, purchase, acquire, or otherwise distribute wine or wine-related products. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  115. 74531.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This section defines “market development” broadly for wine-related programs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74531. “Market development” includes, but is not limited to, trade promotion, public information, dissemination of information on health and social issues and other matters, and activities for the prevention, modification, or removal of trade barriers which restrict the free flow of wine and wine-related products to market and may include the presentation of facts to state, federal, or foreign governmental agencies on matters which affect this chapter. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  116. 74532.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    “Market research” means investigations, development, analysis, or implementation of information about marketing wine and wine-related 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74532. “Market research” means any investigation, development, analysis, or implementation of information relating to the marketing of wine and wine-related products, including, but not limited to, trade practices, consumer trends, promotion, sales, and advertising. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  117. 74533.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This section defines “marketing season” or “fiscal year” as the period from July 1 through June 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74533. “Marketing season” or “fiscal year” means the period beginning July 1 of any year and extending through June 30 of the following years. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  118. 74534.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    “Must” is defined as a mixture of unfermented crushed grapes, solid grape particles, and grape juice.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74534. “Must” means a mixture of unfermented crushed grapes, solid grape particles, and grape juice. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  119. 74535.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This section defines “processing research” as research about processing winegrapes, including developing new wine-related products and uses for those 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74535. “Processing research” means research relating to the processing of winegrapes, including, but not limited to, the development of new wine-related products and uses for these products. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  120. 74536.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    “Vintner” means a qualifying winegrower with the required license and wine-production activity; a vintner processing 100 tons or less of winegrapes in the preceding marketing season is not subject to 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74536. “Vintner” means a winegrower, as defined in Section 23013 of the Business and Professions Code, who holds a winegrower’s license issued by the Department of Alcoholic Beverage Control pursuant to Chapter 3 (commencing with Section 23300) of Division 9 of the Business and Professions Code, and who is engaged in producing must, grape juice, grape concentrate, wine, or products thereof, including high proof and brandy by processing winegrapes or field crushed must. A vintner who processes winegrapes in the preceding marketing season in a quantity of 100 tons or less is not subject to this chapter. (Amended by Stats. 1987, Ch. 8, Sec. 1. Effective March 27, 1987.)
  121. 74537.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This section defines “wine.”

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74537. “Wine” means the product obtained by the fermentation of winegrapes or juice therefrom, with or without addition or abstracting, and includes any product made from winegrapes which is defined as a wine and permitted under Part III (commencing with Section 5381) of Subchapter F of Chapter 51 of Title 26 of the United States Code, and in the statutes of this state and regulations issued thereunder defining wine produced from grapes. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  122. 74538.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    “Winegrapes” means California-grown grapes intended to be processed into grape juice, grape concentrate, wine, or related 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74538. “Winegrapes” means grapes produced in this state which are intended to be converted from their fresh form into grape juice, grape concentrate, wine, or products thereof, including, but not limited to, high proof and brandy produced from winegrapes. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  123. 74539.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This section defines “wine-related products” to include items like must, grape juice, grape concentrate, wine, high proof, and brandy made from winegrapes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 2. Definitions [74521 - 74539] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74539. “Wine-related products” include, but are not limited to, must, grape juice, grape concentrate, wine, high proof, and brandy produced from winegrapes. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  124. 74561.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The California Wine Commission is established, must have 18 vintners, may include one public member, and the public member is appointed by the director from commission nominees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74561. (a) There is in state government, the California Wine Commission. The commission shall be composed of 18 vintners and may include one public member. (b) Vintner members shall be elected by the industry at large and serve on the commission without reference to any county, district, or area of the state. (c) The public member may be appointed to the commission by the director from nominees recommended by the commission. (d) The director, and other appropriate individuals as determined by the commission, shall be ex officio members of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  125. 74562.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The director can require the commission to stop or fix activities that are not in the public interest or that violate 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74562. (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 these activities or functions or to make these 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 as required by the director has been accomplished by the commission. (c) Actions of the commission in violation of the written notice are 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. (d) 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, the reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and may make recommendations that will make the activities or functions acceptable. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  126. 74563.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission or the director may ask a court for relief over the director’s written notice or the commission’s noncompliance with 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74563. The commission or the director may bring an action for judicial relief from the director’s written notice or for noncompliance by the commission with the written notice, as the case may be, in a court of competent jurisdiction which may issue a temporary restraining order, permanent injunction, or other appropriate relief. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  127. 74564.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    If the director must concur in a commission decision, the director must respond to the commission within 15 working days after notification.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74564. When the director is required to concur in a decision of the commission, he or she shall indicate his or her response to the commission within 15 working days from notification of the decision. The response may be a request that additional information be provided. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  128. 74565.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission must reimburse the director for expenses incurred in carrying out duties under this chapter. A court may relieve the commission from paying the director’s legal costs if the court finds 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74565. The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities pursuant to 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. 1986, Ch. 1287, Sec. 3.)
  129. 74566.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    Commission members, except ex officio members, must have an alternate member elected the same way as the 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74566. 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 of whom he or she is an alternate, serve in place of the member on the commission and have and be able to exercise all the rights, privileges, and powers of the member when serving on the commission. In the event of death, removal, resignation, or disqualification of a member, the alternate shall serve as a member on the commission until a successor is elected and has qualified. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  130. 74567.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    Vintner members and alternate members must meet the stated qualification rules and keep those qualifications throughout their term.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74567. Any vintner member and his or her alternate member shall be a person, or an employee representing a vintner, who has a financial interest in processing winegrapes for market. The qualifications of vintner members and alternate members shall be maintained during the entire term of office. Not more than one member and his or her alternate member shall be employed by or connected in a proprietary capacity with the same vintner. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  131. 74568.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The public member and alternate member have the same rights, privileges, and powers as other commission members, but the public member cannot have a financial interest in the wine or winegrape 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74568. The public member and his or her alternate member shall have all the rights, privileges, and powers of any other member of the commission. The public member shall not have any financial interest in the wine or winegrape industry. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  132. 74569.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    Commission members and alternate members serve two-year terms, or until successors are elected and qualified. First members have staggered one-year and two-year terms, and no member or alternate member may serve more than four consecutive terms.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74569. The term of office of members and alternate members shall be for two years or until their successors have been elected and have qualified. However, of the first members of the commission, one-half of the vintner members and their alternate members shall serve for one year; and one-half of the vintner members and their alternate members shall serve for two years. The determination of the term of each member shall be made by lot. No member or alternate member shall serve more than four consecutive terms. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  133. 74570.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    A quorum of the commission requires at least 10 vintner members, counting alternates when they are serving in place of 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74570. No less than 10 vintner members, including alternate members when acting in place of the members, shall constitute a quorum of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  134. 74571.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    A majority vote of the members, or alternate members acting in their place, at a meeting with a quorum counts as 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74571. The vote of a majority of the members, or alternate members when acting in the place of the members, present at the meeting at which there is a quorum shall constitute the act of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  135. 74572.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission is created as a corporate body and given corporate powers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74572. 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. 1986, Ch. 1287, Sec. 3.)
  136. 74573.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The director or the director’s representatives must be notified and may attend commission 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74573. The director or his or her representatives shall be notified and may attend meetings of the commission and any committee meetings of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  137. 74574.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    Some commission and committee members may receive limited daily compensation and approved expenses, but not a salary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74574. No member of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive a salary. Each member of the commission, except ex officio government members, and each member of a committee established by the commission who is a nonmember of the commission, may receive an amount not to exceed one hundred dollars ($100) per day, as established by the commission. This amount shall be paid 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. Members shall also receive necessary traveling expenses and meal allowances, as approved by the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  138. 74575.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission must deposit all assessment funds in banks it designates, and it must disburse those funds through designated agents. Those agents must be covered by a fidelity bond of at least $25,000.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74575. All funds received from the assessments levied pursuant to this chapter or otherwise received by the commission shall be deposited in banks which the commission may designate and shall be disbursed by order of the commission through an agent or agents as it may designate. The agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business in this state, in favor of the commission, in an amount of not less than twenty-five thousand dollars ($25,000). (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  139. 74576.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The state is not liable for the commission’s acts or contracts, and commission members, alternate members, employees, and agents are generally not personally liable for commission contracts or mistakes, except for their own dishonesty or crime.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 3. California Wine Commission [74561 - 74576] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74576. (a) The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the commission are limited to the assets of the commission. (b) No member, alternate member, or any employee or agent of the commission, is personally liable for the contracts of the commission or for errors in judgment, mistakes or other acts, either of commission or omission, except for their own individual acts of dishonesty or crime. Liability is several and not joint, and no member, alternate member, or any employee or agent of the commission is liable individually for the default, act, or omission of any other member, alternate member, or any employee or agent of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  140. 74591.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission’s powers and duties include, but are not limited to, the powers and duties listed in this article.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74591. The powers and duties of the commission shall include, but are not limited to, all of those contained in this article. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  141. 74592.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission may adopt and change bylaws, rules, regulations, operating procedures, 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74592. The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, operating procedures, and orders for carrying out this chapter, including appeals from any bylaws, rules, regulations, operating procedures, or orders of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  142. 74593.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission may administer and enforce this chapter and take actions reasonably necessary to carry it out, including contracting for services with public and private agencies.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74593. The commission may administer and enforce this chapter and do and perform all actions and exercise all powers incidental to, in connection with, or deemed reasonably necessary for, proper or advisable effectuation of this chapter, including, but not limited to, entering into contracts for services with public and private agencies which are deemed necessary by the commission to carry out this chapter. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  143. 74594.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission may appoint its own officers, including a chairperson, vice chairpersons, and other necessary officers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74594. The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers it deems necessary. The officers shall have the powers and duties delegated to them by the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  144. 74595.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission may hire a president and other needed personnel. If the director finds a person’s conduct is not in the public interest or violates the chapter, the director must notify the commission; if the commission does not fix the issue or take satisfactory discipline, the director may suspend or discharge the person.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74595. The commission may employ a person to serve at the pleasure of the commission as president, and other personnel, including legal counsel, necessary to carry out this chapter. If the person 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 action 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 person. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  145. 74596.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission may 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74596. The commission may fix the compensation for all employees of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  146. 74597.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission may appoint committees made up of both commission members and nonmembers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74597. The commission may appoint committees composed of both members and nonmembers of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  147. 74598.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission may set up offices, spend money, make contracts, create liabilities, and borrow funds before assessments are received 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74598. The commission may establish offices, incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt of assessments as may be necessary in the opinion of the commission for the proper administration and enforcement of this chapter and the performance of its duties. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  148. 74599.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission must keep accurate books and records, have them audited annually by a firm chosen with the director’s concurrence, and include an audit summary in its annual report. The director may also conduct or order a fiscal and compliance audit when 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74599. The commission shall keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of the director. A summary of the audit shall be made a part of an annual report to all vintners, copies of which shall also be submitted to the Legislature and the department. In addition, the director may, as he or she determines necessary, conduct or cause to be conducted a fiscal and compliance audit of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  149. 74600.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission may run market development and research programs to promote California wine, but not for a particular private brand or trade name, and it may not use false or unwarranted claims or disparage other commodities.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74600. The commission may engage in market development and market research through plans and programs to enhance the sale of California wine and wine-related products for the purpose of maintaining existing markets and creating new and larger domestic and foreign markets, and to educate and instruct the public with respect to the uses and value of California wine and wine-related products. However, any plans and programs so developed and conducted shall not be directed towards a particular private brand or trade name, although private brands and trade names may be used in wine tastings and other similar programs authorized by the commission. In addition, the plans and programs shall make no use of false or unwarranted claims on behalf of California wine or wine-related products, nor disparage the quality, value, sale, or use of any commodity. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  150. 74601.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission may accept contributions of funds and allocate funds by contract or agreement to other persons or government agencies for these 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74601. The commission may accept contributions of private, state, or federal funds that may be available for these purposes, and may allocate funds by contract or agreement to other persons or to state or federal agencies conducting this research. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  151. 74602.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission may carry out research on wine and winegrapes, including new wine-related products and uses.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74602. The commission may undertake appropriate research relating to the production and processing of wine and winegrapes, including the development of new wine-related products and uses for these products. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  152. 74603.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission may publish and distribute bulletins or other communications about the California wine and wine-related products industries.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74603. The commission may publish and distribute bulletins or other communications relating to the California wine and wine-related products industries. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  153. 74604.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission may set 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74604. The commission may establish an assessment rate to defray operating costs of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  154. 74605.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission may set an annual budget using accepted accounting practices, but the director must concur before funds are disbursed, except for disbursements under Section 74596.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74605. The commission may 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 Section 74596. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  155. 74606.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission must submit an annual statement of contemplated 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74606. The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  156. 74607.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74607. The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations of this chapter. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  157. 74608.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The director may require commission contracts to be submitted for concurrence before the commission enters the contract.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Commission [74591 - 74608] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74608. The director may require that any contract in which the commission is a party be submitted to him or her for concurrence prior to the commission entering into the contract. If the director requires the submission of a contract and does not concur in that contract, he or she shall hold a public hearing within 14 days of the initial decision not to concur. In the notice of the hearing, the director shall present a written explanation of his or her decision. The director shall make a final decision on whether or not to concur in the contract within 30 days of the hearing. The contract may not be executed from the time that the director makes the intial decision not to concur to the time of the final decision. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  158. 74621.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This chapter does not become operative until the director determines, through a referendum, that a favorable vote has been given; the chapter may still be used 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74621. This chapter, except as necessary to conduct an implementation referendum, shall not become operative until the director finds, in a referendum conducted by him or her, or a person designated by the director, that a favorable vote has been given pursuant to this article. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  159. 74622.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The director must create a vintner voting list by April 1, 1987, may require related information in writing, and vintners can ask to be added if omitted.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74622. (a) Not later than April 1, 1987, the director shall establish a list of vintners who are eligible to vote on the implementation of this chapter. Eligibility shall be based on volume processed in the immediately preceding marketing season. In establishing the list, the director may require producers, vintners, county agricultural commissioners, and others to submit the names and mailing addresses of all vintners. The director also may require that the information provided include the quantity of winegrapes sold to vintners and the quantity of winegrapes processed by vintners or, in the alternative, may establish procedures for receiving the information at the time of the referendum. 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. (b) Any vintner whose name does not appear on the director’s list may have his or her name included on the list by filing with the director a signed statement identifying himself or herself as a vintner. Failure to be on the list does not exempt the vintner from paying assessments under this chapter. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  160. 74622.5.

    ## 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    For the Section 74621 referendum, only a person required to pay the assessment under Section 74652.5 counts as a vintner.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74622.5. For the purpose of voting in the referendum required in Section 74621, only a person who would be required to pay the assessment pursuant to Section 74652.5 shall be considered a vintner. (Added by Stats. 1987, Ch. 8, Sec. 2. Effective March 27, 1987.)
  161. 74623.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The director must determine whether the chapter becomes operative based on referendum participation and voting results.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74623. In determining whether this chapter shall become operative, the director shall find that at least 40 percent of the total number of vintners from the list established by the director participated in the referendum, and that either one of the following has occurred: (a) Sixty-five percent or more of the vintners who voted in the referendum voted in favor of this chapter, and the vintners so voting processed a majority of the volume of winegrapes in the preceding marketing season by all the vintners who voted in the referendum. (b) A majority of the vintners who voted in the referendum voted in favor of this chapter, and the vintners so voting processed 65 percent or more of the volume of winegrapes in the preceding marketing season by all the vintners who voted in the referendum. (Amended by Stats. 1987, Ch. 8, Sec. 3. Effective March 27, 1987.)
  162. 74624.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The director must set a referendum period of at least 10 days and at most 60 days, and may add procedures and extend the period if it 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74624. 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 additional procedures 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. 1986, Ch. 1287, Sec. 3.)
  163. 74625.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    Not receiving a ballot does not invalidate a 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74625. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  164. 74626.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The director must declare the chapter inoperative if no favorable vote is found, and must notify vintners if a favorable vote is found.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74626. If the director finds that a favorable vote has not been given as provided in this chapter, he or she shall certify and declare this chapter inoperative. If the director finds that a favorable vote has been given as provided in this chapter, he or she shall certify and give notice of the favorable vote to all vintners whose names and addresses may be on file with the director. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  165. 74627.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    When the commission is certified, the current vintner members and alternate members of the California Wine and Winegrape Improvement Program become the commission’s initial members and alternate 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74627. Upon certification of the commission, the vintner members and their alternate members who are then serving on the California Wine and Winegrape Improvement Program made effective by the director on August 21, 1984, shall become the initial members and alternate members of the commission and shall serve in accordance with the requirements of Section 74569. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  166. 74628.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    After the first commissioner election, the commission must use nomination and election procedures it establishes, with the director’s concurrence, to select commissioners.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74628. 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. 1986, Ch. 1287, Sec. 3.)
  167. 74629.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    Before the implementation referendum, commission proponents must deposit funds with the director. Any leftover funds must be returned, and the commission may reimburse certain 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 5. Implementation and Voting Procedures [74621 - 74629] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74629. (a) Prior to the implementation referendum conducted by the director, 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 vintner list and conducting the referendum. (b) Any funds remaining after paying expenses shall be returned to the proponents of the commission who deposited the funds with the director. (c) The commission may reimburse the proponents of the commission for any funds deposited with the director which were used in carrying out this article and for any legal expenses and costs incurred in establishing the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  168. 74651.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission must set an assessment rate for each marketing season, as soon as possible after the season begins if needed. The rate generally cannot be more than 1% of the gross dollar value of winegrapes processed by vintners unless two-thirds of the commission approves 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74651. (a) Prior to the beginning of each marketing season or as soon thereafter as possible, the commission shall establish an assessment rate for the marketing season. (b) Unless approved by a two-thirds vote of the commission, the assessment rate shall not exceed 1 percent of the gross dollar value of winegrapes processed by vintners. (Amended by Stats. 1987, Ch. 8, Sec. 4. Effective March 27, 1987.)
  169. 74651.5.

    ## 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    Before each marketing season, the commission may set a voluntary minimum assessment rate for certain small vintners.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74651.5. Prior to the beginning of each marketing season, the commission may establish a voluntary minimum assessment rate applicable to vintners who process winegrapes in the marketing season in a quantity of 100 tons or less and who are exempt from paying the assessment established pursuant to Section 74651. Notwithstanding any other provisions of this chapter, any vintner who voluntarily pays the minimum assessment shall be granted the same rights and privileges as vintners processing over 100 tons in that marketing season. (Added by Stats. 1989, Ch. 854, Sec. 1.)
  170. 74652.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    A vintner who is also a producer and processes winegrapes must pay the assessment on the winegrapes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74652. Any vintner who is also a producer who processes winegrapes shall pay the assessment on the winegrapes. The “weighted average producer returns per ton” by district as published in the most recent Final Grape Crush Report issued annually for the current marketing season by the department shall be used as the basis for determining product gross dollar value and the assessment on the winegrapes where no sale is involved. (Amended by Stats. 1987, Ch. 8, Sec. 5. Effective March 27, 1987.)
  171. 74652.5.

    ## 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This section says the article’s assessment applies to vintners, including vintners who are also producers, when they process winegrapes or field-crushed must for specified beverage products, unless they are exempted by 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74652.5. Unless otherwise exempted by this chapter, the assessment provided for in this article shall be levied on vintners and vintners who are also producers who engage in the act of processing winegrapes into must for the purpose of making grape juice, grape concentrate, wine, or products thereof, including high proof or brandy or processing field crushed must for the purpose of making grape juice, grape concentrate, wine, or products thereof, including high proof or brandy. (Added by Stats. 1987, Ch. 8, Sec. 6. Effective March 27, 1987.)
  172. 74653.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This chapter does not apply to winegrapes processed only for a vintner’s home use, but a vintner claiming that exemption must file an affidavit with 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74653. This chapter does not apply to winegrapes processed only for a vintner’s home use. However, any vintner claiming this exemption shall file an affidavit with the commission establishing the manner in which the winegrapes are used. The commission shall then determine whether the exemption applies. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  173. 74654.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    Vintners must keep accurate records of all winegrapes processed, preserve them for two years, and produce them for inspection on written demand.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74654. Every vintner shall keep a complete and accurate record of all winegrapes processed. The records shall be in simple form and contain information as the commission shall prescribe. The records shall be preserved by the vintner 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. 1986, Ch. 1287, Sec. 3.)
  174. 74655.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission and director must keep certain producer and vintner information confidential, with disclosure allowed only in a judicial proceeding or for specified categories the commission may disclose.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74655. All proprietary information obtained by the commission or the director from producers or vintners, and all lists of vintners in the possession of the commission or the director are confidential and shall not be disclosed except when required in a judicial proceeding. Information on volume shipments, commodity value, and other related information which is required for reports to governmental agencies; financial reports made to the commission or aggregate sales and inventory information; and any other information which is requested from the commission, may be disclosed by the commission. In no event may individual producer or vintner information be disclosed by the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  175. 74656.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    An assessment levied by the commission becomes a personal debt of the assessed person and must be paid when and how the commission prescribes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74656. Any assessment levied by the commission, pursuant to this chapter, is a personal debt of every person so assessed and is due and payable in a time and manner prescribed by the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  176. 74657.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    If a person fails to file a return or pay an assessment on time, they must pay the commission a 10% penalty plus 1.5% monthly interest on the unpaid balance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74657. Any person who fails to file a return, or remit 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, 11/2 percent interest per month on the unpaid balance. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  177. 74658.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    A vintner who processes winegrapes into must, grape juice, or grape concentrate for making nonalcoholic beverages other than nonalcoholic wine may apply to the commission for an exemption or refund, and must file an affidavit to qualify.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74658. (a) Any vintner who processes winegrapes into must, grape juice, or grape concentrate for the manufacture of nonalcoholic beverages other than nonalcoholic wine may apply to the commission for either an exemption from the assessment due pursuant to this chapter or for a refund of the assessment on that portion of his or her production used in the manufacture of nonalcoholic beverages other than nonalcoholic wine. (b) In order to be eligible for the exemption or refund, the vintner shall file an affidavit with the commission attesting that the must, grape juice, or grape concentrate was, in fact, used for the manufacture of nonalcoholic beverages other than nonalcoholic wine. The commission shall render a determination on the claim. All approved claims shall be subject to verification through an independent audit of the claimant’s business records by the commission or its duly authorized agent. (Added by Stats. 1987, Ch. 147, Sec. 1. Effective July 9, 1987.)
  178. 74659.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    Vintners who get an exemption or refund must keep sales invoices and other commission-specified business documents, keep the records for two years, and provide them for inspection on written demand.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74659. Any vintner receiving an exemption or refund pursuant to Section 74658, shall, in addition to the requirements of Section 74654, maintain sales invoices and any other business documents specified by the commission as necessary to verify the claim. The records shall be preserved by the vintner 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. 1987, Ch. 147, Sec. 2. Effective July 9, 1987.)
  179. 74660.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission may not approve a Section 74658 refund more than two years after the assessment was due, and missing the filing time waives refund demands against 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74660. No refund pursuant to Section 74658 shall be approved by the commission after two years from the date the assessment was due. Failure to file a claim within the time prescribed in this section constitutes a waiver of all demands for a refund against the commission. (Added by Stats. 1987, Ch. 147, Sec. 3. Effective July 9, 1987.)
  180. 74661.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    If the commission disallows a claim in whole or in part, it must send written notice of that action to the claimant within 30 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 6. Assessments and Records [74651 - 74661] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74661. Within 30 days, after disallowing any claim in whole or in part, the commission shall serve written notice of its action on the claimant. (Added by Stats. 1987, Ch. 147, Sec. 4. Effective July 9, 1987.)
  181. 74671.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 7. Actions and Penalties [74671 - 74674] ( Article 7 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    It is unlawful for any person to make false commission reports, refuse required information about winegrape sources, or hide, destroy, or change records that must be kept under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 7. Actions and Penalties [74671 - 74674] ( Article 7 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74671. It is unlawful 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 marketing, processing, or other related activity of wine or wine-related products, to fail or refuse to furnish the commission or its duly authorized agents information concerning the name and address of the persons from whom winegrapes have been received. (c) Secrete, destroy, or alter records required to be maintained under this chapter. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  182. 74672.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 7. Actions and Penalties [74671 - 74674] ( Article 7 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission must set up procedures for an informal hearing for people aggrieved by its acts or decisions. Appeals may be taken to the director, the director’s determination is subject to judicial review, and the parties must follow the commission’s acts or decisions while any appeal and review are pending.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 7. Actions and Penalties [74671 - 74674] ( Article 7 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74672. The commission shall establish procedures for the purpose of according individuals aggrieved by its acts or determinations an informal hearing. Appeals from decisions of the commission may be made to the director. The determination of the director shall be subject to judicial review upon petition filed with the appropriate superior court. Pending disposition of any appeal and judicial review, the parties shall abide by the acts or determinations of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  183. 74673.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 7. Actions and Penalties [74671 - 74674] ( Article 7 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission may sue to collect assessments and civil penalties and seek injunctive or specific-performance relief. After a final judgment for the commission, the court must bar the defendant from doing business in the covered commodity until the judgment is satisfied, and the commission may recover reasonable attorney’s fees and related costs if it wins.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 7. Actions and Penalties [74671 - 74674] ( Article 7 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74673. (a) The commission may commence civil action and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and the obtaining of injunctive relief or specific performance regarding this chapter and the rules and regulations adopted pursuant to this chapter. (b) 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 and satisfaction of the judgment. Upon a favorable verdict for the commission, it shall be entitled to receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue 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. 1986, Ch. 1287, Sec. 3.)
  184. 74674.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 7. Actions and Penalties [74671 - 74674] ( Article 7 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    If this chapter is suspended or terminated under Article 8, that does not erase related rights, duties, obligations, liabilities, or violations.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 7. Actions and Penalties [74671 - 74674] ( Article 7 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74674. Suspension or termination of this chapter in accordance with Article 8 (commencing with Section 74691) shall not result in any of the following: (a) Affecting, waiving, or termination of any right, duty, obligation, or liability which may have arisen or may thereafter arise in connection with this chapter. (b) Releasing, condoning, or dismissal of any violation of this chapter. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  185. 74691.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 8. Continuation or Suspension and Termination [74691 - 74696] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission must hold a referendum of vintners by June 30, 1990, and the director must certify whether the chapter continues or is suspended based on the vote.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 8. Continuation or Suspension and Termination [74691 - 74696] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74691. (a) On or before June 30, 1990, the commission shall cause a referendum to be conducted among vintners in the manner specified in Section 74622 to determine whether this chapter shall be reapproved and continued in effect. In determining whether this chapter is reapproved, the director shall find that at least 40 percent of the total number of vintners from the list established by the director participated in the referendum, and that either one of the following has occurred: (1) Sixty-five percent or more of the vintners who voted in the referendum voted in favor of this chapter, and the vintners so voting processed a majority of the volume of winegrapes in the preceding marketing season by all the vintners who voted in the referendum. (2) A majority of the vintners who voted in the referendum voted in favor of this chapter, and the vintners so voting processed 65 percent or more of the volume of the winegrapes in the preceding marketing season by all the vintners who voted in the referendum. (b) If the director finds that a favorable vote has been given to continue the commission, he or she shall so certify and this chapter or the appropriate portions thereof shall remain in effect. If the director finds that a favorable vote has not been given, he or she shall so certify and declare the operations of this chapter suspended upon expiration of the marketing season. No bond or security shall be required for any such referendum. (Amended by Stats. 1989, Ch. 854, Sec. 1.2.)
  186. 74692.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 8. Continuation or Suspension and Termination [74691 - 74696] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The commission must hold a referendum every five years after a favorable referendum before June 30, 1990, unless a petition-based referendum 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 8. Continuation or Suspension and Termination [74691 - 74696] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74692. Following a favorable referendum conducted prior to June 30, 1990, a referendum shall be conducted by the commission every fifth year thereafter unless a referendum is conducted as a result of a petition pursuant to this article. In that case, the referendum shall be every fifth year following the industry petitioned referendum following procedures provided in this article. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  187. 74693.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 8. Continuation or Suspension and Termination [74691 - 74696] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    This section lets the California Wine Commission recommend suspension of the chapter, and lets the director suspend it through a petition-and-referendum process if the stated voting and participation 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 8. Continuation or Suspension and Termination [74691 - 74696] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74693. (a) Upon a finding by a two-thirds vote of the commission that this chapter has not tended to effectuate its declared purposes, the commission may recommend to the director that this chapter be suspended. (b) Alternatively, the director may be petitioned to suspend this chapter. The petition shall be signed by 20 percent of the vintners by number who processed not less than 20 percent of the volume of winegrapes in the immediately preceding marketing season. The director shall hold a hearing on the petition after receiving it. (c) The director shall, upon receipt of the recommendation to suspend this chapter from the commission, or may, after holding the hearing on the petition to suspend this chapter, hold a referendum among the vintners to determine if the commission shall be suspended. However, the director shall not hold a referendum as a result of the petition unless the petitioner shows by the weight of evidence that this chapter has not tended to effectuate its declared purposes. (d) The director shall establish a referendum period, which shall not be less than 10 days nor 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 referendum period, the director shall tabulate the ballots filed during the period. If at least 40 percent of the total number of vintners from the list established by the director participate in the referendum, the director shall suspend this chapter if he or she finds either of the following has occurred: (1) Sixty-five percent or more of the vintners who voted in the referendum, voted in favor of suspension; and the vintners so voting processed a majority of the total quantity of winegrapes processed in the preceding marketing season by all of the vintners who participated in the referendum. (2) A majority of the vintners who voted in the referendum voted in favor of suspension; and the vintners so voting processed 65 percent or more of the total quantity of winegrapes processed in the preceding marketing season by all of the vintners who voted in the referendum. (Amended by Stats. 1987, Ch. 8, Sec. 7. Effective March 27, 1987.)
  188. 74694.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 8. Continuation or Suspension and Termination [74691 - 74696] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    The director must terminate the commission at the end of the current marketing season if a written termination request meets the stated support and timing 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 8. Continuation or Suspension and Termination [74691 - 74696] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74694. (a) The director shall terminate the commission at the end of the current marketing season if the director finds that termination is requested in writing, within a 90-day period, by at least 51 percent of the eligible vintners that are directly affected that process 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 the request is initiated. Any person may withdraw his or her name from the petition requesting the termination prior to the time the request is presented to the director. (c) The signatures to the petition requesting termination need not all be appended to one sheet of paper. Each person signing the petition shall add his or her signature and business address. If no business address is given, a designation of the place of business shall be given which will enable the location to be readily ascertained. (d) The petition shall bear a copy of the notice of intention. Signatures shall be secured within the time limit specified in this section. (Amended by Stats. 1987, Ch. 8, Sec. 8. Effective March 27, 1987.)
  189. 74695.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 8. Continuation or Suspension and Termination [74691 - 74696] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    When the chapter is suspended, the commission must wind up its operations and distribute remaining funds according to the section’s refund rules.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 8. Continuation or Suspension and Termination [74691 - 74696] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74695. After the effective date of suspension of this chapter, the operations of the commission shall be concluded and any and all funds remaining held by the commission and not required to defray the expenses of concluding and terminating the commission shall be returned on a pro rata basis to all persons from whom assessments were collected in the immediately preceding marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of the pro rata refund to these persons, any funds shall be paid into an appropriate program conducted by the University of California or the California State University, another state agency, or a federal agency which deals with the purposes of this chapter. If no program exists, the funds shall be paid into the State Treasury as unclaimed trust funds. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  190. 74696.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 8. Continuation or Suspension and Termination [74691 - 74696] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 3. )

    Verify source ↗

    If this chapter is suspended, the commission must mail the notice of suspension to affected vintners 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 12.5. California Wine Commission [74501 - 74696] ( Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## ARTICLE 8. Continuation or Suspension and Termination [74691 - 74696] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 3. ) ## 74696. Upon suspension of this chapter, the commission shall mail a copy of the notice of suspension to all vintners affected by the suspension whose names and addresses are on file. (Added by Stats. 1986, Ch. 1287, Sec. 3.)
  191. 74701.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The provision states that grape rootstock production is an important California industry because it provides revenue, jobs, and essential food supporting public health and welfare.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74701. The production of grape rootstock constitutes an important industry of this state that not only provides substantial and necessary revenues for the state and employment for its citizens, but also furnishes essential food vital to the public health and welfare. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  192. 74702.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The provision states that maintaining California’s grape rootstock industry is necessary for a steady supply of fruit for the table, raisins, and wine grapes, and for stable income in the industry.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74702. The maintenance of the grape rootstock industry of California is necessary to assure the consuming public of a continuous supply of good fruit for the table, raisins, and wine grapes, and establishes consistent and needed levels of income for those engaged in the industry. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  193. 74702.5.

    ## 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    This section states that the California Grape Rootstock Improvement Commission is intended to support industry-funded research and improve the grape rootstock 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74702.5. The successes that the grape rootstock industry has enjoyed have come in part through a commitment to industry funded research, which has led to significant improvements in the quality and variety of the grapes and grape products available to consumers. The establishment of the commission is intended to enhance this research effort and move the grape rootstock industry toward its potential, resulting in increased consumer value and enhanced grower returns. (Added by Stats. 1995, Ch. 727, Sec. 49.3. Effective January 1, 1996.)
  194. 74703.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The section declares that producing and marketing grape rootstock produced in this state is 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74703. The production and marketing of grape rootstock 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. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  195. 74704.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    Actions taken by the commission, or by an individual board member acting under this chapter or its regulations, are not violations of certain antitrust and unfair-practices laws.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74704. No action taken by the commission, or by any individual commission board member in accordance with this chapter or with regulations adopted under this chapter, is a violation of the so-called Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of that Part 2), or any statutory or common law against monopolies or combinations in restraint of trade. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  196. 74705.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    This chapter must be read liberally, and if part of it is invalid, the rest can still operate if it can be given effect 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74705. This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held to be invalid, the invalidity shall not affect other provisions or applications of the 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. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  197. 74706.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    Commission members are intended to represent and advance the interests of the agricultural industry concerned, 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74706. It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of the particular agricultural industry concerned and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are elected or appointed to the commission, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  198. 74707.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    This section says the commission system created by this chapter is meant to let grape rootstock producers and marketers benefit from collective action in 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [74701 - 74707] ( Article 1 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74707. A commission form of administration created by this chapter is designed to provide those engaged in the production and marketing of grape rootstock the opportunity to avail themselves of the benefits of collective action in the broad field of grape rootstock research necessary to achieve the purposes stated herein. (Amended by Stats. 1995, Ch. 727, Sec. 49.5. Effective January 1, 1996.)
  199. 74710.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 2. Definitions [74710 - 74726] ( Article 2 added by Stats. 1992, Ch. 595, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 2. Definitions [74710 - 74726] ( Article 2 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74710. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  200. 74711.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 2. Definitions [74710 - 74726] ( Article 2 added by Stats. 1992, Ch. 595, Sec. 1. )

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    This section defines “bearing acreage” as grape rootstock planting that is three years old or older and from which cuttings can be taken.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 2. Definitions [74710 - 74726] ( Article 2 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74711. “Bearing acreage” means a planting grape rootstock three years or older from which cuttings can be taken. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)

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