Food and Agricultural Code — Part 37 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 37 of 48 · provisions 7,201–7,400

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. 74712.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 “board member” as a nursery owner or an owner’s representative elected under Section 74778.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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. ) ## 74712. “Board member” means a nursery owner or representative of an owner elected pursuant to Section 74778. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  2. 74713.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 “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 12.6. 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. ) ## 74713. “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. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  3. 74714.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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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    “Commission” means the California Grape Rootstock Improvement 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 12.6. 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. ) ## 74714. “Commission” means the California Grape Rootstock Improvement Commission. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  4. 74715.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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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    “Ex officio member” means a nonvoting member of the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. 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. ) ## 74715. “Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  5. 74716.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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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    “Grafted” means joining parts of plants so they unite and continue growing as one plant.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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. ) ## 74716. “Grafted” means the art of joining parts of plants together in such a manner as they will unite and continue their growth as one plant. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  6. 74717.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 “grafted grape rootstock” as a rootstock grafted with a fruiting grape variety.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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. ) ## 74717. “Grafted grape rootstock” means a rootstock that has been grafted with a fruiting grape variety. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  7. 74718.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 “Grape rootstock” as the rootstock part of grapevines grown in California, whether as a single species or a hybrid in the Vitaceae family.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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. ) ## 74718. “Grape rootstock” means the rootstock portion of grapevines grown in California as a single species or hybrid combination in the family Vitaceae. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  8. 74719.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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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    “Grape rootstock nursery” or “nursery” means a person in this state that has a California state nursery license and grows grape rootstock for commercial use or distribution.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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. ) ## 74719. “Grape rootstock nursery” or “nursery” means any person in this state which operates under a California state nursery license and grows grape rootstock for commercial use or distribution. (Amended by Stats. 1997, Ch. 726, Sec. 14. Effective January 1, 1998.)
  9. 74720.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 “grape rootstock research” as cultural and biological research relating to grape rootstock.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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. ) ## 74720. “Grape rootstock research” means any cultural and biological research relating to grape rootstock. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  10. 74721.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 “invoicable unit” as certain grape rootstock material used or distributed by a nursery for commercial purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 74721. “Invoicable unit” means any rootstock cutting, or rooted rootstock cutting, or grafted grape rootstock that is used or distributed by a nursery for commercial purposes. (Amended by Stats. 1997, Ch. 726, Sec. 14.5. Effective January 1, 1998.)
  11. 74721.5.

    ## 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 2. Definitions [74710 - 74726] ( Article 2 added by Stats. 1992, Ch. 595, Sec. 1. )

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    “Distribute” means selling or otherwise transferring certain grape rootstock materials for commercial purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 74721.5. “Distribute” means to sell or otherwise transfer any rootstock cutting, rooted rootstock cutting, or grafted grape rootstock for commercial purposes. (Added by Stats. 1997, Ch. 726, Sec. 15. Effective January 1, 1998.)
  12. 74722.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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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    “Marketing year” or “fiscal year” means April 1 through March 31 of the next 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 12.6. 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. ) ## 74722. “Marketing year” or “fiscal year” means the period beginning April 1 of any year and extending through the last day of March of the next year. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  13. 74723.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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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    “Marketing year 1992–93” means August 1, 1992 through March 31, 1993, inclusive.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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. ) ## 74723. “Marketing year 1992–93” means the period commencing August 1, 1992, to March 31, 1993, inclusive. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  14. 74723.5.

    ## 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 2. Definitions [74710 - 74726] ( Article 2 added by Stats. 1992, Ch. 595, Sec. 1. )

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    This section defines “person” to include individuals and several business entity types doing business in California.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 74723.5. “Person” means an individual, partnership, limited liability company, corporation, firm, company, or other entity doing business in California. (Added by Stats. 1995, Ch. 727, Sec. 50.1. Effective January 1, 1996.)
  15. 74724.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 “rooted rootstock cutting” as a rootstock cutting with roots destined to become a grafted unit.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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. ) ## 74724. “Rooted rootstock cutting” means a rootstock cutting with roots destined to become a grafted unit. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  16. 74725.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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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    “Rootstock” means the part of the graft combination that becomes the root system.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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. ) ## 74725. “Rootstock” means the part of the graft combination which is to become the root system. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  17. 74726.

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

    Verify source ↗

    This section defines “rootstock cutting” as a cutting of a rootstock variety that is at least 6 inches long and meant to become a grafted unit.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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. ) ## 74726. “Rootstock cutting” means a cutting of a rootstock variety that is at least 6 inches in length destined to become a grafted unit. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  18. 74730.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The California Grape Rootstock Improvement Commission is created in state government, and it must have nine grape rootstock nursery owners or representatives as 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74730. (a) There is in state government the California Grape Rootstock Improvement Commission. The commission shall be composed of nine grape rootstock nursery owners or representatives who shall be called members. (b) The director and other appropriate individuals, as determined by the commission, shall be ex officio members of the commission. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  19. 74731.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74731. (a) The director may require the commission to correct or cease any 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 corrections 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 the activities or functions, as required by the director, has been accomplished by the commission. (c) Any action of the commission in violation of the written notice is 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) At the same time the written notice is provided to the commission, the director shall notify the commission in writing of the specific acts that the director determines are not in the public interest or are in violation of this chapter, the director’s reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and the director’s recommendations with respect to any action that will make the activities or functions acceptable. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  20. 74732.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74732. The commission or the director may bring an action for judicial relief from the director’s written notice, or from noncompliance by the commission with the written notice, 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. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  21. 74733.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    If the director must concur in a commission decision, the director must act within 15 working days after notification by concurring, refusing to concur, or asking the commission 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74733. When the director is required to concur in a decision of the commission, the director shall concur, refuse to concur, or request additional information from the commission within 15 working days from the date the director receives notification of the decision. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  22. 74734.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission must reimburse the director for expenditures made in carrying out chapter duties, but a court may relieve the commission of the director’s legal-costs payment responsibility 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74734. 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, a 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. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  23. 74734.5.

    ## 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The director must act efficiently, notify the commission about reimbursable oversight costs, and the commission must tell the director which activities it will undertake that need oversight and expense reimbursement.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74734.5. (a) The director shall operate in the most efficient, cost-effective manner possible in carrying out his or her duties and responsibilities pursuant to this chapter. (1) The director shall notify the commission of oversight activities and costs that will result in expenses reimbursable by the commission. (2) The commission shall inform the director which of these activities it will engage in that require oversight and reimbursement of expenses. (b) The director is not required to provide notification to the commission pursuant to paragraph (1) of subdivision (a) if the director determines that omission of notification is necessary to protect the confidentiality of the parties with respect to any investigation into the activities of the employees of the commission or the actions of the commission. (Amended by Stats. 1993, Ch. 589, Sec. 67. Effective January 1, 1994.)
  24. 74735.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    Board members, except ex officio members, must have an alternate selected by the board member. The alternate serves for the member when absent and can exercise the member’s rights and powers while serving. The commission cannot have more than one board member and one alternate from the same grape rootstock nursery.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74735. Each board member, except ex officio members, shall have an alternate board member selected by the board member. An alternate member shall, in the absence of the member for whom he or she is an alternate, serve in place of the board member and shall have and be able to exercise all of the rights, privileges, and powers of the member when serving on the commission. If the status of a member changes, thereby making a board member ineligible to serve, or in the event of death, removal, resignation, or disqualification of a member, the alternate member shall act as a board member until a qualified successor is elected or appointed. The commission may not have more than one board member and one alternate from one grape rootstock nursery. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  25. 74736.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    Vacancies on the commission must be filled by qualified individuals under the stated procedures.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74736. (a) Any vacancy on the commission occurring by the failure of a board member to continue in his or her position due to a change in his or her status, thereby making the individual ineligible to serve, or due to death, removal, resignation, or disqualification, shall be filled with a qualified individual for the unexpired portion of the term by a majority vote of the remaining members of the commission. (b) Any vacancy on the commission occurring by the failure of an alternate member to continue in his or her position due to a change in his or her status, thereby making the individual ineligible to serve, or due to death, removal, resignation, or disqualification, shall be filled with a qualified individual pursuant to Section 74735. (Amended by Stats. 1995, Ch. 727, Sec. 50.2. Effective January 1, 1996.)
  26. 74737.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    Board members and alternate members on the commission must meet specific grape rootstock nursery ownership or representative-with-financial-interest qualifications.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74737. Any board member and his or her alternate member on the commission shall be an owner of a grape rootstock nursery or representative of an owner who has a financial interest in producing, or causing to be produced, grape rootstock for commercial use or distribution. Qualifications of grape rootstock nursery board members and their alternate members shall be maintained during their entire term of office. (Amended by Stats. 1997, Ch. 726, Sec. 16. Effective January 1, 1998.)
  27. 74738.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    Most board members and alternate board members serve three-year terms, starting with the marketing season in the year they are elected, and they continue until successors are qualified.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74738. The term of office of all board members and alternate board members of the commission, except ex officio members, is three years from the beginning of the marketing season in the year of their election and until qualified successors are elected. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  28. 74739.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    This section sets the initial and ongoing term lengths for commission members and alternates, limits service to three consecutive terms, and allows certain initial short-term members to receive extra 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74739. Notwithstanding Section 74738, the initial term of members and alternates shall be divided by lot into three terms of one year, three terms of two years, and three terms of three years. At the end of each of these initial terms, the terms of office of all board members and alternates shall be three years. Terms of office of each board member and alternate board member of the commission shall be limited to three consecutive terms. However, members and alternates who serve initial one-year and two-year terms shall be eligible for three additional three-year terms. (Amended by Stats. 1995, Ch. 727, Sec. 50.3. Effective January 1, 1996.)
  29. 74740.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission is created as a corporate body and has 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74740. The commission is hereby declared and created a corporate body. It may sue and be sued, enter into contracts, adopt a corporate seal, and possess all of the powers of a corporation. Copies of its proceedings, records, and acts, when authenticated, shall be prima facie evidence of the truth of all statements therein. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  30. 74741.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission has a quorum when seven voting members are present.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74741. A quorum of the commission is seven voting members of the commission. The vote of a majority of the board members or alternate members present at a meeting at which there is a quorum shall constitute the act of the commission. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  31. 74742.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74742. The director or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  32. 74743.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    Some commission board, alternate, and committee members cannot receive compensation, but certain members may receive up to $100 per day in per diem and are entitled to travel expense reimbursement.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74743. No board member or alternate member or member of a committee established by the commission who is a nonmember of the commission shall receive any compensation. Each board member or each alternate member serving in place of a board member, except ex officio members who are state officers or employees, and each member of a committee established by the commission who is not a board member or alternate member, may receive per diem not to exceed one hundred dollars ($100) per day, as established by the commission. In addition, board members and alternate members of the commission and members of committees established by the commission shall be reimbursed for actual and necessary travel expenses under the rules of the Department of Human Resources. The per diem and reimbursement for travel expenses shall be paid to those members 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 provided by the commission. (Amended by Stats. 2012, Ch. 665, Sec. 28. (SB 1308) Effective January 1, 2013.)
  33. 74744.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    Funds received under this chapter must be deposited in banks designated by the commission, and any agent handling disbursements must be bonded for at least $25,000.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74744. All funds received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission shall be deposited in banks that the commission may designate and shall be disbursed by order of the commission through an agent or agents designated by the commission for that purpose. The agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business in this state, in favor of the commission, in an amount of not less than twenty-five thousand dollars ($25,000). (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  34. 74745.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The state is not liable for the commission’s acts or contracts, and commission personnel are generally not individually responsible for mistakes or other acts, with a limited exception 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 3. The California Grape Rootstock Improvement Commission [74730 - 74745] ( Article 3 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74745. The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the commission are limited to the funds collected by the commission. No board member, alternate member, employee, or agent of the commission is responsible individually in any way to any nursery or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as a principal, agent, or employee, except for his or her own individual acts of dishonesty or crime. No board member, alternate member, employee, or agent of the commission, is responsible individually for any act or omission of any other member, alternate member, employee, or agent of the commission. Liability is several and not joint, and no member, alternate member, employee, or agent of the commission is liable for the default of any other member, alternate member, employee, or agent of the commission. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  35. 74750.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission has the powers and duties listed in this article, and the list is not exhaustive.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74750. The powers and duties of the commission include, but are not limited to, all of those contained in this article. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  36. 74751.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission may adopt, amend, and repeal regulations and operating procedures 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74751. The commission may adopt, amend, and repeal regulations and operating procedures necessary to carry out this chapter, including regulations governing appeals from actions taken by the commission pursuant to any of its regulations or operating procedures. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  37. 74752.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission may administer and enforce this chapter and do other acts and exercise powers needed to carry it out.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74752. The commission may administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably necessary for, the proper or advisable effectuation of this chapter. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  38. 74753.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74753. The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers have the powers and duties delegated to them by the commission. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  39. 74754.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission may hire and retain staff, and the director may step in if commission personnel misconduct is not corrected.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74754. The commission may employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other personnel, including legal counsel, necessary to carry out this chapter. The commission may retain a management firm or the staff from any board, commission, or agency of the state or federal government to perform the functions prescribed by this section under the control of the commission. If any person employed by the commission engages in any conduct that the director determines is not in the public interest or that is in violation of this chapter, the director shall notify the commission of the conduct and request that corrective and, if appropriate, disciplinary action be taken by the commission. If the commission fails or refuses to correct the situation or to take disciplinary action satisfactory to the director, the director may suspend or discharge the person. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  40. 74755.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74755. The commission may fix the compensation for all employees of the commission. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  41. 74756.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74756. The commission may appoint committees composed of both board members and nonmembers of the commission to advise the commission in carrying out this chapter. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  42. 74757.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission may set up offices, spend money, make contracts, create liabilities, and borrow funds before assessments are received when it considers this 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74757. The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt of assessments 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. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  43. 74758.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission must keep accurate records, have them audited annually, report the audit summary to grape rootstock nurseries and the department, and the director may order a fiscal and compliance audit.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74758. The commission shall keep accurate books, records, and accounts of all 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 reported to all grape rootstock nurseries and a copy of the summary shall also be submitted to 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. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  44. 74759.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission may present facts to and negotiate with state, federal, and foreign agencies on matters affecting this chapter, as long as federal law permits 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74759. The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect this chapter, to the extent permitted by federal law. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  45. 74760.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission may make contracts in its own name to receive or provide services for plans and programs, and may make other agreements it considers necessary to carry out 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74760. The commission may make, in its name, contracts to receive or render services in formulating and conducting plans and programs and any other contracts or agreements that the commission deems necessary for carrying out this chapter. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  46. 74761.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission may conduct production research and hire others to do 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74761. The commission may conduct, and contract with others to conduct, production research, including the study, analysis, accumulation, and dissemination of information obtained from that research or otherwise, regarding this chapter. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  47. 74762.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission may accept contributions and matching funds, and may use or give funds to other persons or public agencies to carry out 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74762. The commission may accept contributions or matching private, state, or federal funds, and employ or make contributions of funds to other persons or state or federal agencies, for purposes of carrying out this chapter. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  48. 74763.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission may publish and distribute bulletins or other communications, without charge, to grape rootstock nurseries.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74763. The commission may publish and distribute, without charge, bulletins or other communications for the dissemination of information to grape rootstock nurseries. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  49. 74764.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission must establish an assessment rate to cover its operating costs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74764. The commission shall establish an assessment rate to defray the operating costs of the commission. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  50. 74765.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission must adopt an annual budget using accepted accounting practices, and the director must concur before funds are encumbered, except for employee compensation encumbrances.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74765. The commission shall adopt an annual budget according to accepted accounting practices. The director shall concur in the adoption of the budget prior to the encumbrance of funds, except for encumbrances necessary to pay the compensation of employees of the commission. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  51. 74766.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74766. 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. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  52. 74767.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission and the secretary must keep proprietary information confidential and not disclose it unless a court order requires disclosure after a hearing. They may disclose certain totals-only or aggregate 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74767. All proprietary information obtained by the commission or the secretary from any source, including all lists of grape rootstock nurseries, shall be confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding involving this chapter. Information on volume shipments, crop value, and any other related information required for reports to governmental agencies, financial reports to the commission, or aggregate sales and inventory information, and any other information that gives only totals, but excludes individual information, may be disclosed by the commission. (Repealed and added by Stats. 1995, Ch. 727, Sec. 50.5. Effective January 1, 1996.)
  53. 74768.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission may investigate and prosecute civil violations of this chapter and may file complaints about suspected criminal violations with appropriate law enforcement agencies or 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [74750 - 74768] ( Article 4 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74768. 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. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  54. 74770.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The director must create an eligible nursery voting list within 30 days, may require nurseries to provide identifying and production information, and may set a process for receiving that information at the referendum 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74770. (a) Within 30 days of the effective date of this chapter, the director shall establish a list of grape rootstock nurseries eligible to vote on the implementation of this chapter. In establishing the list, the director may require that all grape rootstock nurseries submit the names and mailing addresses of all grape rootstock nurseries. The director also may require that the information provided include the quantity of grape rootstock produced by each nursery or, in the alternative, may establish procedures for receiving the information at the time of the referendum vote specified in Section 74771. The request for the information shall be in writing, and the requested information shall be filed within 10 days following receipt of the request. (b) Any grape rootstock nursery whose name does not appear upon the appropriate list may have his or her name placed on the list by filing with the director a signed statement identifying himself or herself as a nursery owner or representative of a nursery owner. The absence of an owner’s name from the list does not exempt the person from paying assessments and does not invalidate any industry votes conducted pursuant to this article. (c) Proponents and opponents of the commission may contact nurseries on the lists in a form and manner prescribed by the director if all expenses associated with the contacts are paid in advance. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  55. 74771.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    This chapter does not become operative until the director’s referendum findings and voting thresholds are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74771. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the director finds, in a referendum vote conducted by the director that at least 40 percent of the total number of grape rootstock nurseries from the list established by the director pursuant to this article have participated and that either of the following has occurred: (a) Sixty-five percent of the nurseries that voted in the referendum voted in favor of this chapter, and the nurseries so voting marketed a majority of the total quantity of grape rootstock in the preceding marketing year by all of the nurseries that voted in the referendum. (b) A majority of the grape rootstock nurseries that voted in the referendum voted in favor of this chapter, and the nurseries so voting marketed 65 percent or more of the total quantity of grape rootstock in the preceding marketing year by all of the nurseries that voted in the referendum. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  56. 74772.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The director must use invoicable units or grape rootstock acreage when calculating the volume voted under Section 74771.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74772. The director shall use invoicable units or grape rootstock acreage in calculating the volume voted pursuant to Section 74771. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  57. 74773.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The director must set the referendum period, which must be at least 10 days and no more than 60 days long. The director may also add necessary procedures and may extend a shorter initial period up to 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74773. The director shall establish a period to conduct the referendum which shall not be less than 10 days nor more than 60 days in duration, and may prescribe additional procedures that may be necessary to conduct the referendum. If the initial period established is less than 60 days, the director may extend the period to not more than 60 days. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  58. 74774.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    A referendum is not invalid just because a grape rootstock nursery did not receive a ballot.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74774. The failure of a grape rootstock nursery to receive a ballot shall not invalidate a referendum. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  59. 74775.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    If the director finds a favorable vote under Section 74771, the director must certify it and notify all affected nurseries 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74775. If the director finds that a favorable vote has been given as provided in Section 74771, the director shall certify and give notice of the favorable vote to all affected nurseries whose names and addresses are on file with the director. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  60. 74776.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    If the director does not find a favorable vote under Section 74771, the director must declare the chapter inoperative. The director may also hold another implementation referendum vote after at least one 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74776. If the director finds that a favorable vote has not been given as provided in Section 74771, the director shall certify and declare this chapter inoperative. The director may conduct another implementation referendum vote one or more years after the previous vote has been taken. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  61. 74777.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    After the commission is certified, the director must contact grape rootstock nurseries and provide election notice; nominee nursery owners or representatives must file a nomination petition to be eligible for election.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74777. Upon certification of the commission, the director shall contact all grape rootstock nurseries by mail, or call meetings of nurseries, for the purpose of nominating and electing persons to the commission. All nurseries on the director’s list shall be given written notice of any election meetings at least 10 days prior to the meeting date. To be eligible for election to the commission, nominee nursery owners or nominee representatives of nursery owners shall present to the director a nomination petition with the signatures of at least three eligible grape rootstock nursery owners or representatives. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  62. 74778.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    After the first board election under this chapter, the commission sets the nomination and election procedures for future commission elections, 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74778. Subsequent to the first election of board members pursuant to this chapter, persons to be elected to the commission shall be selected pursuant to nomination and election procedures which are established by the commission with the concurrence of the director. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  63. 74779.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    Before the referendum vote, the commission’s proponents must deposit with the director the amount the director says is needed to cover referendum 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [74770 - 74779] ( Article 5 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74779. (a) Prior to the referendum vote conducted by the director pursuant to Section 74771, the proponents of the commission shall deposit with the director the amount that the director determines necessary to defray the expenses of preparing the necessary lists and information and conducting the referendum. (b) Any funds not used in carrying out Section 74771 shall be returned to the proponents of the commission who deposited the funds with the director. (c) Upon the establishment of the commission, the commission may reimburse the proponents of the commission for any funds deposited with the director that were used in carrying out Section 74771 and for any legal expenses and other costs incurred in establishing the commission. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  64. 74785.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 6. Assessments and Records [74785 - 74788] ( Article 6 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission must set the next marketing year’s assessment by April 1 each year, with capped rates for grape rootstock, and may set different unit rates for specified categories within those caps.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 6. Assessments and Records [74785 - 74788] ( Article 6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74785. (a) The commission shall establish the assessment for the following marketing year not later than April 1 of each year, or as soon thereafter as is possible. (b) The assessment shall not exceed fifty dollars ($50) per bearing acreage of grape rootstock and two cents ($0.02) per invoicable unit of grape rootstock and grafted grape rootstock used or distributed for commercial purposes. The commission may establish different invoicable unit assessment rates for rootstock cuttings, rooted rootstock cuttings, and grafted grape rootstocks, provided that the rates do not exceed the maximum assessment authorized by this subdivision. (c) A fee greater than the amount specified in subdivision (b) may not be charged unless approved pursuant to procedures specified in Section 74771. (Amended by Stats. 2003, Ch. 179, Sec. 1. Effective January 1, 2004.)
  65. 74786.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 6. Assessments and Records [74785 - 74788] ( Article 6 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    Nurseries must keep complete and accurate grape rootstock records, keep them for five years, and make them available for inspection when the commission or its 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 6. Assessments and Records [74785 - 74788] ( Article 6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74786. Every nursery, including nurseries exempt from the payment of assessments, shall keep a complete and accurate record of its acreage of grape rootstock and its grape rootstock used or distributed for commercial purposes. The records shall be in simple form and contain information as the commission shall prescribe. The records shall be retained by the nursery for five years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. (Amended by Stats. 1997, Ch. 726, Sec. 16.6. Effective January 1, 1998.)
  66. 74787.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 6. Assessments and Records [74785 - 74788] ( Article 6 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 6. Assessments and Records [74785 - 74788] ( Article 6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74787. Any assessment which is levied pursuant to this chapter is a personal debt of every nursery so assessed. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  67. 74788.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 6. Assessments and Records [74785 - 74788] ( Article 6 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    A nursery that misses the commission’s filing or payment deadline must pay a 10% penalty and 11/2% monthly interest on the unpaid balance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 6. Assessments and Records [74785 - 74788] ( Article 6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74788. Any nursery that fails to file a return or pay any assessment within the time required by the commission shall pay the commission a penalty of 10 percent of the amount of the assessment determined to be due and, in addition, pay 11/2 percent interest per month on the unpaid balance. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  68. 74790.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 7. Actions and Penalties [74790 - 74793] ( Article 7 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    A person may not refuse to provide required reports or records, give false required reports or records, or hide, destroy, or alter 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [74790 - 74793] ( Article 7 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74790. It is unlawful for any person to do any of the following: (a) Refuse to render a report, statement, or record required by the commission. (b) Furnish a false report, statement, or record required by the commission. (c) Secrete, destroy, or alter records required to be kept under this chapter. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  69. 74791.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 7. Actions and Penalties [74790 - 74793] ( Article 7 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission must adopt procedures for informal hearings for people aggrieved by its actions or decisions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [74790 - 74793] ( Article 7 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74791. The commission shall adopt procedures to grant individuals aggrieved by its actions or determinations an informal hearing before the commission or before a committee of the commission designated for this purpose. Appeals from decisions 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. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  70. 74792.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 7. Actions and Penalties [74790 - 74793] ( Article 7 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission may sue to collect assessments and civil penalties and to seek injunctive relief or specific performance. Courts must issue requested writs or injunctive relief on the stated showing, no bond is required from the commission, and a final judgment can bar the defendant from grape rootstock business until the judgment is satisfied.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [74790 - 74793] ( Article 7 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74792. (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and for obtaining injunctive relief or specific performance regarding this chapter and the regulations adopted pursuant to this chapter. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any regulation of the commission, including, but not limited to, the nonpayment of assessments or the intentional submission of false information to the commission. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief. (b) A writ of attachment shall be issued pursuant to Chapter 4 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified in Section 485.010 of the Code of Civil Procedure is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or inadequate remedy at law specified in Sections 526 and 527 of the Code of Civil Procedure is not required. (c) Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business involving grape rootstock until there is full compliance and satisfaction of the judgment. Upon a favorable judgment for the commission, it is entitled to receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  71. 74793.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 7. Actions and Penalties [74790 - 74793] ( Article 7 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    If this chapter is suspended or terminated, existing or future rights, duties, obligations, liabilities, violations, and the commission’s remedies are not waived or impaired.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 7. Actions and Penalties [74790 - 74793] ( Article 7 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74793. The suspension or termination of this chapter shall not affect or waive any right, duty, obligation, or liability which has arisen or which may thereafter arise in connection with this chapter, release or extinguish any violation of this chapter, or affect or impair any right or remedies of the commission with respect to any violation. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  72. 74795.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 8. Continuation or Suspension and Termination [74795 - 74796] ( Article 8 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission must conduct a referendum under Section 74771 at least every five years, starting in 1998.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 8. Continuation or Suspension and Termination [74795 - 74796] ( Article 8 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74795. The commission shall conduct a referendum pursuant to Section 74771 no less frequently than every five years, commencing in 1998. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  73. 74796.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 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 8. Continuation or Suspension and Termination [74795 - 74796] ( Article 8 added by Stats. 1992, Ch. 595, Sec. 1. )

    Verify source ↗

    The commission can be dissolved only by the required board 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 12.6. California Grape Rootstock Improvement Commission [74701 - 74796] ( Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [74795 - 74796] ( Article 8 added by Stats. 1992, Ch. 595, Sec. 1. ) ## 74796. To dissolve the commission, a simple majority vote of the nine board members is required, or the vote of five of a quorum of members present and voting. (Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
  74. 74801.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This section states that producing and distributing winegrapes is an important industry in the state and benefits state revenues, employment, and public health.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74801. The production and distribution of winegrapes constitute an important industry of this state which provides substantial and necessary revenues for the state and employment for its citizens. It also furnishes an important food which benefits the public health and welfare. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  75. 74802.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This section says maintaining and expanding California’s winegrape industry and its markets is necessary to support supply and 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74802. The maintenance and expansion of the winegrape industry of California and of its local, national, and foreign markets is necessary to assure the consuming public of a continuous supply of these products and needed levels of income for those engaged in the winegrape industry in this state. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  76. 74803.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The provision says the public should be informed with accurate, scientific information about the beneficial qualities of 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74803. It is in the public interest that the public be made aware of accurate and scientific information relating to the beneficial qualities of winegrapes and winegrape products. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  77. 74804.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The section states that producing and marketing winegrapes and winegrape products made in the 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74804. The production and marketing of winegrapes and winegrape products produced in this state is hereby declared to be affected with a public interest. This chapter is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  78. 74805.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    Actions taken by the commission or any individual under this chapter or its regulations are not violations of certain anti-trust laws, and compliance with the chapter is a complete defense.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74805. No action taken by the commission nor by any individual in accordance with this chapter or with the rules and regulations adopted under the chapter is a violation of the so-called Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Fair Trade Act (Chapter 3 (commencing with Section 16900) of that Part 2), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of that Part 2), or any statutory or common law against monopolies or combinations in restraint of trade. Proof that any action complained of was done in compliance with this chapter shall be a complete defense to the action or proceeding. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  79. 74806.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This chapter must be interpreted liberally, and if one provision is invalid, the rest of the chapter still applies when they can work without 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74806. 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. 4.)
  80. 74807.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The Legislature says commission members are meant to represent and advance a particular agricultural industry, and that this serves 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74807. 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. 4.)
  81. 74807.5.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This section states legislative findings about the growth of the winegrape industry and the need for market development, promotion, and research.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74807.5. The winegrape industry in this state is expanding. Opportunity exists for continued growth and expansion of the industry by creating new markets in areas of the state and the country. The success of an expansion program is uniquely dependent upon effective market development, promotion, and research because the creation of new markets is essentially a matter of educating and informing people of the use, nutritional value, and availability of a previously unrecognized food. The expansion of the winegrape industry also provides an important source of jobs for many people in this state, a high proportion of whom reside in historically depressed areas of the state, and serves to ensure the preservation of an agrarian society. (Added by Stats. 1995, Ch. 727, Sec. 50.8. Effective January 1, 1996.)
  82. 74808.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This section says the commission created by this chapter is meant to help winegrape producers work together on 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 1. Declaration and General Provisions [74801 - 74808] ( Article 1 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74808. The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of winegrapes the opportunity to avail themselves of the benefits of collective action in the broad fields of market development, marketing research, and production and processing research necessary to achieve the purposes stated herein. (Amended by Stats. 1995, Ch. 727, Sec. 51. Effective January 1, 1996.)
  83. 74821.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74821. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  84. 74822.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    “Books and records” is defined to include books, records, contracts, documents, memoranda, papers, correspondence, and other written data related to activities under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74822. “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. 4.)
  85. 74823.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This section defines “brandy” 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74823. “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. 4.)
  86. 74824.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    “Commission” means the California Winegrape Growers 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74824. “Commission” means the California Winegrape Growers Commission. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  87. 74824.1.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This section defines “local commission” as any local commission created 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74824.1. “Local commission” means any local commission created pursuant to this chapter. (Added by Stats. 1989, Ch. 854, Sec. 1.5.)
  88. 74825.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This section defines “grape concentrate” or “concentrate” as unfermented grape juice with most of its original water removed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74825. “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. 4.)
  89. 74826.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    “Grape juice” or “juice” is defined as unfermented crushed grapes without solids that contain most of the original water content.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74826. “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. 4.)
  90. 74826.5.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This section defines “person” to include individuals, firms, corporations, associations, and other entities doing business in California.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74826.5. “Person” means any individual, firm, corporation, association, or other entity doing business in California. (Added by Stats. 1992, Ch. 689, Sec. 1. Effective January 1, 1993.)
  91. 74827.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    “Producer” and “grower” mean the same thing here, with a specific definition tied to winegrape production and sales volume.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74827. “Producer” and “grower” are synonymous and, unless otherwise specified pursuant to Section 74922.1, mean any person who produced and marketed winegrapes in the preceding marketing season in a quantity of more than 25 tons. Unless otherwise exempted, producer also includes any person who receives winegrapes as payment for the use of his or her property in the production of winegrapes. (Amended by Stats. 1992, Ch. 689, Sec. 2. Effective January 1, 1993.)
  92. 74828.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74828. “Producer districts” shall consist of the following: (a) District 1 consists of Lake, Solano, Mendocino, Sonoma, Marin, and Napa Counties. (b) District 2 consists of the City and County of San Francisco, Santa Barbara, San Luis Obispo, Ventura, Monterey, San Benito, Santa Clara, Santa Cruz, Alameda, San Mateo, and Contra Costa Counties. (c) District 3 consists of Butte, Colusa, Glenn, Sacramento, Shasta, Tehama, Yolo, Yuba, Trinity, Siskiyou, Modoc, Lassen, Plumas, Sierra, Sutter, Humboldt, and Del Norte Counties, and that portion of San Joaquin County north of State Highway 4. (d) District 4 consists of Merced, Stanislaus, Mariposa, Calaveras, Amador, El Dorado, Placer, Nevada, and Tuolumne Counties, and that portion of San Joaquin County south of State Highway 4. (e) District 5 consists of Fresno, Alpine, Mono, Inyo, and Madera Counties, and that portion of Kings and Tulare Counties north of Nevada Avenue (Avenue 192). (f) District 6 consists of Kern County and that portion of Kings and Tulare Counties south of Nevada Avenue (Avenue 192). (g) District 7 consists of Los Angeles, Orange, Riverside, San Bernardino, Imperial, and San Diego Counties. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  93. 74828.1.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    “Producer region” means one or more grape crush report districts for purposes of establishing and operating a local 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74828.1. “Producer region,” for the purpose of establishing and operating a local commission, shall consist of one or more grape crush report districts. (Added by Stats. 1989, Ch. 854, Sec. 3.)
  94. 74829.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74829. “Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  95. 74829.5.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This section defines “handler” for winegrape-related marketing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74829.5. “Handler” means any person engaged in the marketing of winegrapes or winegrape products that the person has produced, purchased, or acquired from a producer, or is marketing on behalf of a producer whether as owner, agent, employee, broker, processor, or otherwise. (Added by Stats. 1992, Ch. 868, Sec. 6. Effective January 1, 1993.)
  96. 74830.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    “High proof” is defined as an alcoholic distillate, or a mixture of distillates, made from fermented juice, mash, or wine of fresh winegrapes, or from the residue of those materials.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74830. “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. 4.)
  97. 74831.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    “Market” means to sell, barter, trade, purchase, acquire, or otherwise distribute 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74831. “Market” means to sell, barter, trade, purchase, acquire, or otherwise distribute wine, winegrapes, or winegrape products. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  98. 74832.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This section defines “market development” for the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74832. “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. 1287, Sec. 4.)
  99. 74833.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This section defines “market research” for winegrape marketing 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74833. “Market research” means any investigation, development, analysis, or implementation of information relating to the marketing of winegrapes and winegrape products including, but not limited to, trade practices, consumer trends, promotion, sales, and advertising. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  100. 74834.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    “Marketing season” or “fiscal year” means 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74834. “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. 4.)
  101. 74835.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74835. “Must” means a mixture of unfermented crushed grapes, solid grape particles, and grape juice. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  102. 74835.5.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    “Processing” is defined as processing winegrapes to make must, grape juice, grape concentrate, wine, winegrape products, or related products, including high proof brandy.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74835.5. “Processing” means any processing of winegrapes for the purpose of making must, grape juice, grape concentrate, wine, winegrape products, or products thereof, including high proof brandy. (Added by Stats. 1989, Ch. 854, Sec. 3.5.)
  103. 74836.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    “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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74836. “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. 1287, Sec. 4.)
  104. 74837.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    “Vintner” means a winegrower who holds the required winegrower’s license and is engaged in producing specified 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74837. “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. (Amended by Stats. 1992, Ch. 689, Sec. 3. Effective January 1, 1993.)
  105. 74838.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This section defines “wine” for this code section.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74838. “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. 4.)
  106. 74839.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    “Winegrapes” means grapes grown in California that are intended to be turned into juice, 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74839. “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. 4.)
  107. 74840.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    “Winegrape products” includes must, grape juice, grape concentrate, wine, high proof, and brandy produced 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 2. Definitions [74821 - 74840] ( Article 2 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74840. “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. 1287, Sec. 4.)
  108. 74861.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This section creates the California Winegrape Growers Commission and sets how its members are chosen.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74861. There is in state government, the California Winegrape Growers Commission. The commission shall be composed of 18 producers and 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) The public member may be appointed to the commission by the secretary from nominees recommended by the commission. (c) The secretary, and other appropriate individuals as determined by the commission, shall be ex officio members of the commission. (Amended by Stats. 1995, Ch. 727, Sec. 52. Effective January 1, 1996.)
  109. 74861.1.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    Producers in a producer region may establish a local commission, subject to chapter rules and naming limits.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74861.1. There are, in state government, local commissions for producer regions. The producers in any producer region of this state may, pursuant to this chapter, establish a local commission composed of not less than five and not more than 10 producers and may include one public member. The provisions of this chapter that are applicable to the commission, except Sections 74828, 74861, 74862, 74867, 74871, 74922, 74923, 74926, 74927, 74928, and 74951, shall apply to any local commission established and certified as operative pursuant to this chapter regardless of the certification of the commission. (a) A producer member who produces more than 25 tons of winegrapes in a producer region shall be eligible to serve on the local commission in that producer region. (b) A public member may be appointed to the local commission by the secretary from nominees recommended by the local commission. (c) The secretary, and other appropriate individuals as determined by the local commission, shall be ex officio members of the local commission. (d) There may be an alternate member for each member of the local commission. The name of a local commission shall contain the words “local commission” and shall identify the producer region represented by the local commission. No local commission shall use the term “California Winegrape Growers Commission” as part of its name. (Amended by Stats. 1995, Ch. 727, Sec. 53. Effective January 1, 1996.)
  110. 74862.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    Each district must keep between one and five commission 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74862. 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. 1287, Sec. 4.)
  111. 74863.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The secretary may order 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74863. (a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be in the public interest or that is in violation of this chapter. (b) If the commission refuses or fails to cease these activities or functions or to make these corrections as required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities or functions of the commission until the time that the cessation or correction of activities or functions as required by the secretary has been accomplished by the commission. (c) Any action of the commission in violation of the written notice is without legal force or effect. The secretary, to the extent feasible, shall issue the written notice prior to the commission entering into any contractual relationship affecting the existing or proposed activities or functions which are the subject of the written notice. (d) Upon service of the written notice, the secretary shall notify the commission in writing of the specific acts 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. (Amended by Stats. 1995, Ch. 727, Sec. 54. Effective January 1, 1996.)
  112. 74864.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission or the secretary may seek judicial relief in court over the secretary’s written notice or the commission’s noncompliance with that notice.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74864. The commission or the secretary may bring an action for judicial relief from the secretary’s written notice or from noncompliance by the commission with the written notice, as the case may be, in a court of competent jurisdiction which may issue a temporary restraining order, permanent injunction, or other appropriate relief. (Amended by Stats. 1995, Ch. 727, Sec. 55. Effective January 1, 1996.)
  113. 74865.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    If the secretary must concur in a commission decision, the secretary must act within 15 working days after notice by concurring, refusing to concur, or asking the commission 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74865. When the secretary is required to concur in a decision of the commission, the secretary shall concur, refuse to concur, or request additional information from the commission within 15 working days from notification of the decision. (Amended by Stats. 1995, Ch. 727, Sec. 56. Effective January 1, 1996.)
  114. 74866.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74866. The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this chapter. However, a court may, if it finds that the secretary has acted arbitrarily or capriciously in restricting the activities or functions of the commission, relieve the commission of the responsibility for the payment of the secretary’s legal costs with regard to that action. (Amended by Stats. 1995, Ch. 727, Sec. 57. Effective January 1, 1996.)
  115. 74866.1.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The secretary must act efficiently, notify local commissions about reimbursable oversight activities and costs, and local commissions must tell the secretary what activities they will do. The secretary may skip notice to protect confidentiality in certain investigations.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74866.1. (a) The secretary shall operate in the most efficient, cost-effective manner possible in carrying out his or her duties and responsibilities pursuant to this chapter. (1) The secretary shall notify the local commissions of oversight activities and costs that will result in expenses reimbursable by the local commissions. (2) The local commissions shall inform the secretary which of these activities they will engage in that require oversight and reimbursement of expenses. (b) The secretary is not required to provide notification to the local commissions pursuant to paragraph (1) of subdivision (a) if the secretary determines that omission of notification is necessary to protect the confidentiality of the parties with respect to any investigation into the activities of the employees of the commission or the actions of the commission. (Amended by Stats. 1995, Ch. 727, Sec. 58. Effective January 1, 1996.)
  116. 74867.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74867. 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. 4.)
  117. 74868.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    Producer members and alternate members must meet specific eligibility requirements, and those qualifications must be kept 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74868. 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. 1287, Sec. 4.)
  118. 74869.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The public member and alternate member have the same rights, privileges, and powers as any other commission member, and the public member must 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74869. 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. 4.)
  119. 74870.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    Members and alternate members serve two-year terms, with special first-term staggering for producer members, 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74870. 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 producer members and their alternate members shall serve for one year, and one-half of the producer 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. (Amended by Stats. 1992, Ch. 689, Sec. 6. Effective January 1, 1993.)
  120. 74871.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    At least 10 producer members count as a quorum of the commission, including alternates when they are 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74871. No less than 10 producer 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. 4.)
  121. 74871.1.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    A local commission has a quorum when at least half of its producer members are present, counting alternates only when they are 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74871.1. Not less than one-half of the producer members of any local commission, including alternate members when acting in the place of the members, shall constitute a quorum of the local commission. (Added by Stats. 1989, Ch. 854, Sec. 6.)
  122. 74872.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    A majority vote of the commission members present at a quorum meeting is the commission’s act.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74872. 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. 4.)
  123. 74873.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74873. 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. 4.)
  124. 74874.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The secretary or the secretary’s representatives 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74874. The secretary or his or her representatives shall be notified and may attend meetings of the commission and any committee meetings of the commission. (Amended by Stats. 1995, Ch. 727, Sec. 59. Effective January 1, 1996.)
  125. 74875.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    Commission members and certain nonmember committee members may receive up to $100 per day, but no salary, and the commission may approve travel and meal reimbursements.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74875. 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. 4.)
  126. 74876.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission must deposit certain funds in banks it designates and disburse them by commission order through designated agents. Those agents must be bonded by a fidelity bond from an authorized surety company for at least $25,000.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74876. 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. 4.)
  127. 74877.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The state is not liable for the commission’s acts or contracts, and commission members, alternates, 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 3. California Winegrape Growers Commission [74861 - 74877] ( Article 3 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74877. (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. 1287, Sec. 4.)
  128. 74891.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74891. 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. 4.)
  129. 74892.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission may make and change necessary bylaws, rules, regulations, operating procedures, and orders 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74892. 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. 4.)
  130. 74893.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission may administer and enforce this chapter and take actions reasonably necessary to carry it out.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74893. 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. 4.)
  131. 74894.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission may appoint its own officers, including a chairperson, vice chairpersons, and other needed officers. Those officers have only the powers and duties the commission delegates to them.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74894. 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. 4.)
  132. 74895.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission may hire a president and other needed personnel, and the secretary may order removal or suspension if conduct is not in the public interest or violates 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74895. 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 that the secretary determines is not in the public interest or that is in violation of this chapter, the secretary shall notify the commission of the conduct and request that corrective 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 secretary, the secretary may suspend or discharge the person. (Amended by Stats. 1995, Ch. 727, Sec. 60. Effective January 1, 1996.)
  133. 74896.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission may set the 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74896. The commission may fix the compensation for all employees of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  134. 74897.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission may appoint committees made up of 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74897. The commission may appoint committees composed of both members and nonmembers of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  135. 74898.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission may set up offices and take actions needed to administer and enforce the chapter and carry 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74898. 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. 4.)
  136. 74899.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission must keep accurate books, records, and accounts, have them audited annually by a firm chosen with the secretary’s concurrence, and include an audit summary in its annual report to producers and the Legislature/department. The secretary may also conduct or cause 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74899. The commission shall keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of the secretary. A summary of the audit shall be made a part of an annual report to all producers, copies of which shall also be submitted to the Legislature and the department. In addition, the secretary may, as he or she determines necessary, conduct or cause to be conducted a fiscal and compliance audit of the commission. (Amended by Stats. 1995, Ch. 727, Sec. 61. Effective January 1, 1996.)
  137. 74900.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission may promote California winegrapes through market development and research, but its plans cannot target private brands, use false or unwarranted claims, disparage commodities, or involve collective bargaining, supply control, grades and quality standards, or price setting.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74900. The commission may engage in market development and market research through plans and programs to enhance the sale of California 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 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. The commission shall not engage in collective bargaining issues, supply control, grades and quality standards, or price setting activities. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  138. 74900.1.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    Certain persons may choose how their assessments to a local commission are used.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74900.1. Persons subject to any local commission established after January 1, 1993, may designate the manner in which assessments that he or she pays to the local commission may be used, including for market development, market research, or production research, or a combination thereof. Persons may so designate during a period specified by the local commission following its establishment, and following any referendums conducted pursuant to Article 8 (commencing with Section 74991). (Added by Stats. 1992, Ch. 689, Sec. 7. Effective January 1, 1993.)
  139. 74901.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission may accept or match certain public and private funds, and may use funds for activities that maintain, promote, and enhance the 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74901. The commission may accept contributions of, or match, private, local, state, or federal funds and employ or make contributions of funds to other persons or local, state or federal agencies for purposes of maintaining, promoting, and enhancing the winegrape industry. (Amended by Stats. 2000, Ch. 587, Sec. 3. Effective January 1, 2001.)
  140. 74901.5.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission may present facts to and negotiate with government agencies about matters affecting the 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74901.5. The commission may present facts to, and negotiate with, local, state, federal, and foreign agencies on matters that affect the winegrape industry. (Added by Stats. 2000, Ch. 587, Sec. 4. Effective January 1, 2001.)
  141. 74902.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission may do research on winegrape production and processing, including new winegrape 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74902. The commission may undertake appropriate research relating to the production and processing of winegrapes, including the development of new winegrape products and uses for these products. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  142. 74903.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission may publish and distribute bulletins or other communications about the California 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74903. The commission may publish and distribute bulletins or other communications relating to the California winegrape industry. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  143. 74904.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission may establish an assessment rate to cover its operating costs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74904. The commission may establish an assessment rate to defray operating costs of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  144. 74905.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission may set an annual budget using accepted accounting practices, and the secretary must concur before funds are disbursed, except for disbursements under Section 74896.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74905. The commission may establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the secretary prior to disbursement of funds, except for disbursements made pursuant to Section 74896. (Amended by Stats. 1995, Ch. 727, Sec. 62. Effective January 1, 1996.)
  145. 74906.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission must submit an annual statement of contemplated activities to the secretary for concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74906. The commission shall submit to the secretary, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter. (Amended by Stats. 1995, Ch. 727, Sec. 63. Effective January 1, 1996.)
  146. 74907.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74907. 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. 4.)
  147. 74908.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The secretary may require commission contracts to be submitted for concurrence before the commission enters them, and if concurrence is refused the secretary must hold a hearing, explain the decision, and decide within set deadlines.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 4. Powers and Duties of the Commission [74891 - 74908] ( Article 4 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74908. The secretary may require that any contract to which the commission is a party be submitted to the secretary for concurrence prior to the commission entering into the contract. If the secretary requires the submission of a contract and does not concur in that contract, the secretary shall hold a public hearing within 14 days of the initial decision not to concur. In the notice of the hearing, the secretary shall present a written explanation of his or her decision. The secretary 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 secretary makes the initial decision not to concur to the time of the final decision. (Amended by Stats. 1995, Ch. 727, Sec. 64. Effective January 1, 1996.)
  148. 74921.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This chapter does not become operative until the secretary finds a favorable vote in a referendum, 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74921. This chapter, except as necessary to conduct an implementation referendum, shall not become operative until the secretary finds, in a referendum conducted by him or her, or a person designated by the secretary, that a favorable vote has been given pursuant to this article. (Amended by Stats. 1995, Ch. 727, Sec. 65. Effective January 1, 1996.)
  149. 74922.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The secretary must create a voter-eligibility list for establishing the commission after an acceptable petition is received, and may require information from producers and others.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74922. (a) Upon receipt of a petition that the secretary determines is acceptable, the secretary shall establish a list of producers who are eligible to vote to establish the commission. In establishing the list, the secretary may require producers, vintners, county agricultural commissioners, and others to submit the names and mailing addresses of all producers. The secretary 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 secretary shall be filed within 30 days following receipt of the written notice. (b) Any producer whose name does not appear on the secretary’s list may have his or her name included on the list by filing with the secretary a signed statement identifying himself or herself as a producer. Failure to be on the list does not exempt any producer from paying assessments under this chapter. (Amended by Stats. 1995, Ch. 727, Sec. 66. Effective January 1, 1996.)
  150. 74922.1.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The secretary must create an eligible-producer list for a referendum if at least three producers in a producer region petition for it, may require supporting information in writing, and may let producers ask to be added to the list. A petition may exempt some producers, but not those who produced and marketed more than 25 tons of winegrapes in the prior 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74922.1. (a) Upon petition of at least three producers from any one producer region of this state, the secretary shall establish a list of producers who are eligible to vote in a referendum to establish a local commission in that producer region. In establishing the list, the secretary may require the producers signing the petition and producers, vintners, county agricultural commissioners, and others to submit the names and mailing addresses of all producers in that producer region. The secretary also may require that the information provided include the quantity of winegrapes sold to vintners and the quantity of winegrapes processed by vintners from that producer region and the names and addresses of the 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 secretary shall be filed within 30 days following receipt of the written notice. (b) Any producer whose name does not appear on the secretary’s list may have his or her name included on the appropriate list by filing with the secretary a signed statement identifying himself or herself as a producer of a given producer region. Failure to be on the appropriate list does not exempt any producer from paying assessments under this chapter. (c) Notwithstanding any other provision of this chapter, the petition may designate producers exempt from this chapter, but no producer shall be exempt who has produced and marketed more than 25 tons of winegrapes in the preceding marketing season. (Amended by Stats. 1995, Ch. 727, Sec. 67. Effective January 1, 1996.)
  151. 74922.5.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    For voting in the referendum under Section 74921, only people required to pay the producer assessment under Section 74952.5 count as producers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74922.5. For the purpose of voting in the referendum required in Section 74921, only a person who would be required to pay the assessment as a producer pursuant to Section 74952.5 shall be considered a producer. (Added by Stats. 1987, Ch. 8, Sec. 10. Effective March 27, 1987.)
  152. 74923.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The secretary must determine that this chapter applies to growers if at least 40% of the listed growers participated in the referendum and one of the listed voting outcomes 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74923. In determining whether this chapter is applicable to growers, the secretary shall find that at least 40 percent of the total number of growers from the list established by the secretary participated in the referendum, and that either one of the following has occurred: (a) Sixty-five percent or more of the growers who voted in the referendum voted in favor of this chapter, and the growers 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 growers who voted in the referendum voted in favor of this chapter, and the growers 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. (Amended by Stats. 1995, Ch. 727, Sec. 68. Effective January 1, 1996.)
  153. 74923.1.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The secretary must determine that the chapter applies only if enough growers participated in the referendum and one of two voting-and-volume thresholds 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74923.1. In determining whether this chapter is applicable to growers in a producer region, the secretary shall find that at least 40 percent of the total number of growers from the list established by the secretary for the producer region participated in the referendum, and that either one of the following has occurred: (a) Sixty-five percent or more of the growers in the producer region who voted in the referendum voted in favor of the local commission, and the growers so voting marketed a majority of the volume of winegrapes in the producer region 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 growers in the producer region who voted in the referendum voted in favor of the local commission, and the growers so voting marketed 65 percent or more of the volume of winegrapes in the producer region 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. (Amended by Stats. 1995, Ch. 727, Sec. 69. Effective January 1, 1996.)
  154. 74924.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The secretary must set the referendum period, which must be between 10 and 60 days, and may add extra procedures. If the first period is under 60 days, the secretary may extend it, but the total period cannot go over 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74924. The secretary shall establish a period in which to conduct the referendum which shall not be less than 10 days or more than 60 days in duration, and may prescribe additional procedures to conduct the referendum. If the initial period established is less than 60 days, the secretary may extend the period. However, the total referendum period may not exceed 60 days. (Amended by Stats. 1995, Ch. 727, Sec. 70. Effective January 1, 1996.)
  155. 74925.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    A referendum is not invalid just because a ballot was not received.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74925. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 1986, Ch. 1287, Sec. 4.)
  156. 74926.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The secretary must certify and declare the result if there is no favorable vote, and must certify and notify producers and vintners if there is a favorable 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74926. If the secretary finds that a favorable vote has not been given to the establishment of the commission as provided in this chapter, the secretary shall so certify and declare that result. If the secretary finds that a favorable vote has been given as provided in this chapter, he or she shall so certify and give notice of the favorable vote to all producers and vintners whose names and addresses may be on file with the secretary. (Amended by Stats. 1995, Ch. 727, Sec. 71. Effective January 1, 1996.)
  157. 74926.1.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The secretary must certify the vote result and notify producers if a favorable vote is found. If the chapter is certified as establishing a commission, any local commission is abolished unless its producers vote by referendum to keep it operating.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74926.1. If the secretary finds that a favorable vote has not been given to the establishment of any local commission as provided in this chapter, the secretary shall so certify and declare that result. If the secretary finds that a favorable vote has been given, the secretary shall so certify and give notice of the favorable vote to all producers whose names and addresses may be on file with the secretary. If this chapter is certified as establishing the commission, any local commission shall be abolished unless its producers vote by referendum pursuant to Section 74923.1 in favor of that local commission remaining in operation. (Amended by Stats. 1995, Ch. 727, Sec. 72. Effective January 1, 1996.)
  158. 74927.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    A petition to establish the commission must name the producer members and alternates, and those named people become the initial members if the commission is certified after referendum approval.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74927. The petition to establish the commission shall name the persons designated to serve as producer members and their alternate members in the event the commission is approved by referendum. Upon the certification of the establishment of the commission, the producer members and their alternates named in the petition shall become the initial members and alternate members of the commission. (Repealed and added by Stats. 1989, Ch. 854, Sec. 13.)
  159. 74927.1.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    A petition to establish a local commission must name the proposed producer members and any 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74927.1. The petition to establish a local commission shall name the persons designated to serve as producer members and their alternate members, if any, in the event that local commission is approved by referendum. Upon certification of the establishment of a local commission, the producer members and their alternates named in the petition shall become the initial members and alternate members of the local commission. (Added by Stats. 1989, Ch. 854, Sec. 14.)
  160. 74928.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    After Section 74927 action, people to be elected to the commission when current terms end must be selected using the commission’s nomination and election procedures, with the secretary’s concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74928. Subsequent to the action taken pursuant to Section 74927, 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 secretary. (Amended by Stats. 1995, Ch. 727, Sec. 73. Effective January 1, 1996.)
  161. 74928.1.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    After action under Section 74927.1, elections to a local commission must follow nomination and election procedures set by the local commission with the secretary’s concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74928.1. Subsequent to the action taken pursuant to Section 74927.1, persons to be elected to a local commission shall be selected pursuant to the nomination and election procedures established by the local commission with the concurrence of the secretary. (Amended by Stats. 1995, Ch. 727, Sec. 74. Effective January 1, 1996.)
  162. 74929.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    Before the implementation referendum, the commission’s proponents must deposit money with the secretary to cover commission-creation expenses. Any leftover funds must be returned, and the commission may reimburse certain deposited funds and related legal costs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 5. Implementation and Voting Procedures [74921 - 74929] ( Article 5 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74929. (a) Prior to the implementation referendum conducted by the secretary, the proponents of the commission shall deposit with the secretary the amount that the secretary 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 secretary. (c) The commission may reimburse the proponents of the commission for any funds deposited with the secretary that were used in carrying out this article and for any legal expenses and costs incurred in establishing the commission. (Amended by Stats. 1995, Ch. 727, Sec. 75. Effective January 1, 1996.)
  163. 74951.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission must set a marketing-season assessment rate before the season starts, and the producer assessment rate cannot be more than 1% of the gross dollar value of winegrapes marketed to 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74951. (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 for producers shall not exceed 1 percent of the gross dollar value of winegrapes marketed by producers to vintners. 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. 1287, Sec. 4.)
  164. 74951.1.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    Local commissions must set an assessment rate for each marketing season, and the producer assessment rate cannot exceed 1% of the gross dollar value of the winegrapes covered.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74951.1. (a) The petition for a referendum to establish a local commission shall set forth the assessment rate which shall become effective during the first marketing season in which the local commission is operative. Thereafter, prior to the beginning of each marketing season or as soon thereafter as possible, the local commission shall establish an assessment rate for the marketing season. Assessment rates set by local commissions which vote to continue in operation after the certification of the commission shall be independent of, and additional to, any assessment rate established by the commission. (b) The assessment rate for producers shall not exceed 1 percent of the gross dollar value of winegrapes grown in the producer region and marketed by producers to vintners. 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. 1989, Ch. 854, Sec. 17.)
  165. 74952.5.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission must levy an assessment on a producer unless this chapter exempts the producer.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74952.5. (a) Unless exempted by this chapter, the commission shall levy the assessment on the producer if he or she does any of the following: (1) Sells to a vintner or to a handler for processing. (2) Contracts or otherwise arranges with a vintner for processing into wine, with the producer retaining ownership of the wine for sale other than in bottled form. (3) Is a member of an agricultural nonprofit cooperative association for processing. (4) Processes winegrapes that he or she has grown and that are included in the petition specified in Section 74922.1. (b) If a producer delivers winegrapes to a vintner or handler for processing without selling them to the vintner or handler, 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 the gross dollar value of the winegrapes for the purpose of determining the amount of the assessment. (Amended by Stats. 1992, Ch. 689, Sec. 9. Effective January 1, 1993.)
  166. 74952.7.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    Producers who meet the stated conditions may apply for an exemption or refund of the assessment, and eligible producers must file a claim and keep records to support 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74952.7. (a) Any producer who meets any of the requirements specified by subdivision (b) may apply to the secretary prior to the formation of the commission, or apply to the commission after its formation, for, and, if found eligible, shall, at the discretion of the commission, receive either an exemption from, or a refund of, the assessment. (b) A producer shall be eligible to claim an exemption from, or refund of, the assessment for winegrapes grown by the producer, with regard to which the producer does any of the following: (1) Processes winegrapes that are grown by the producer. However, the producer shall not be eligible for an exemption or refund of assessments on winegrapes that are grown and sold, but a producer who is also a vintner, and who commercially sells less than 25 tons of winegrapes in a marketing season, is not subject to assessment. (2) Sells to a related vintner or a related handler. (3) Contracts or otherwise arranges with a related vintner for processing into wine, with the producer retaining ownership of the wine for sale other than in bottled form. (4) Is a producer who is also a vintner and who contracts or otherwise arranges with a nonrelated vintner for processing his or her winegrapes into wine and retains ownership of the wine for sale other than in bottled form. (c) For the purpose of this section, an agricultural nonprofit cooperative association is not a “related vintner” or a “related handler.” A vintner or handler is a “related vintner” or “related handler” if any one of the following relationships exists: (1) The producer has an ownership interest in the vintner or handler processing the winegrapes. For purposes of this paragraph, the term “ownership interest” does not include an interest that is limited to ownership of shares of stock in a vintner or handler that is a publicly traded stock corporation, unless the ownership interest includes a right to management or control in the corporation. (2) The vintner or handler processing the winegrapes has an ownership interest in the producer. (3) The producer, or any person controlling the producer, if the producer is not a natural person, is a member of the immediate family of the vintner or handler processing the winegrapes, or of any person controlling the vintner or handler, if the vintner or handler is not a natural person. For the purpose of this paragraph, “member of the immediate family” means parents, spouses, and children. (d) In order to be eligible for the exemption or refund, the producer shall file a claim with the secretary prior to formation of the commission and with the commission after its formation on a form prescribed by the commission attesting to the facts establishing the producer’s right to the exemption or refund. The secretary or the commission shall then determine whether the claim should be granted. (e) The commission shall serve written notice on the claimant of its decision within 30 days of receipt of the claim. All approved claims shall be subject to verification through an independent audit of the claimant and the related vintner’s or handler’s business records by the commission or its duly authorized agent or, in the case of a local commission, by the secretary or his or her duly authorized agent. The local commission shall not serve as the secretary’s duly authorized agent for purposes of auditing business records. (f) Every producer receiving an exemption or refund shall, in addition to the requirements of Section 74954, maintain sales invoices, and all other business documents specified by the commission as necessary to verify the claim. The records shall be preserved 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 or, in the case of a local commission, by the secretary or his or her duly authorized agent. The local commission shall not serve as the secretary’s duly authorized agent for purposes of records inspection. (g) No claim of exemption or refund shall be approved by the commission after two years from the date the assessment was due. Failure to file a claim of exemption or refund within that two-year period constitutes a waiver of all claims or demands for an exemption or refund against the commission. (Amended by Stats. 1995, Ch. 727, Sec. 76. Effective January 1, 1996.)
  167. 74953.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    This chapter does not apply to winegrapes produced only for a producer’s home use, but a producer 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74953. This chapter shall not apply to winegrapes produced only for a producer’s home use. However, any producer 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. 1287, Sec. 4.)
  168. 74954.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    Producers and certain vintners must keep normal commercial records of winegrapes, keep them for two years, and produce them for inspection when the commission or certain agents make 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74954. Every producer subject to this chapter and every vintner who purchases winegrapes from or processes winegrapes for producers shall maintain normal commercial records of all winegrapes grown for market or processed. The records shall be in simple form and contain information as the commission shall prescribe. The records shall be preserved 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 or, in the case of a local commission, by the secretary or his or her duly authorized agent. The local commission shall not serve as the secretary’s duly authorized agent for purposes of records inspection. (Amended by Stats. 1995, Ch. 727, Sec. 77. Effective January 1, 1996.)
  169. 74954.5.

    ## 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    Producers subject to this chapter must give local commissions the names of vintners who buy or process their winegrapes. Vintners must give local commissions the names of the producers they buy from or process for, plus the assessment amount remitted for each producer.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74954.5. Producers subject to this chapter shall provide to local commissions the names of the vintners who purchase winegrapes from or process winegrapes for the producers. Vintners shall provide to local commissions the names of the producers subject to this chapter from whom they purchase or for whom they process winegrapes and the amount of assessment remitted to the local commission for each producer. (Amended by Stats. 1995, Ch. 727, Sec. 78. Effective January 1, 1996.)
  170. 74955.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission and the secretary must keep certain producer and vintner information confidential, but may disclose some non-individual aggregate and reporting information. Disclosure of the confidential information is allowed only if a court order requires it after a hearing in a judicial proceeding involving 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74955. All proprietary information obtained by the commission or the secretary from producers or vintners, and all lists of producers in the possession of the commission or the secretary are confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding involving this chapter. Information on volume shipments, commodity value, and other related information that 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, except individual producer or vintner information, may be disclosed by the commission. (Amended by Stats. 1995, Ch. 727, Sec. 79. Effective January 1, 1996.)
  171. 74956.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission’s assessment becomes a personal debt, and the vintner must deduct it from payments to the producer and remit it to the commission 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74956. Any assessment levied by the commission, pursuant to this chapter, is a personal debt of every person so assessed and is due and payable to the commission within 30 days after the date the vintner deducts the assessment from the amounts paid by the vintner to the producer. The vintner first acquiring the grapes being assessed shall deduct the assessments from amounts paid by the vintner to the producer and shall be a trustee of the funds until they are paid to the commission. The vintner responsible for deducting the assessment may deduct and retain an amount not in excess of that reasonably necessary to cover the actual cost of services provided by the vintner, as determined 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. (Amended by Stats. 1992, Ch. 689, Sec. 11.5. Effective January 1, 1993.)
  172. 74957.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    A person who fails to file a return or pay an assessment on time 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 6. Assessments and Records [74951 - 74957] ( Article 6 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74957. 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. 4.)
  173. 74991.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 8. Continuation or Suspension and Termination [74991 - 74996] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    In the commission’s fifth year, the commission must hold a referendum among producers about whether it should be reapproved and continue operating. The secretary must certify the result, and if there is no favorable vote, must declare the commission suspended when 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 8. Continuation or Suspension and Termination [74991 - 74996] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74991. During the fifth year of operation of the commission, the commission shall cause a referendum to be conducted among producers to determine whether the commission shall be reapproved and continued to operate. A favorable vote shall be found if the secretary determines from the referendum that a majority of the eligible producers who voted in the referendum voted in favor of continuing the operations. If the secretary finds that a favorable vote has been given, he or she shall so certify that result. If the secretary finds that a favorable vote has not been given, the secretary shall so certify and declare the operations of the commission suspended upon expiration of the marketing season. No bond or security shall be required for any referendum. (Amended by Stats. 1995, Ch. 727, Sec. 81. Effective January 1, 1996.)
  174. 74992.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 8. Continuation or Suspension and Termination [74991 - 74996] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The commission must hold a referendum every fifth year after an initial favorable referendum, unless a petition referendum under this article 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 8. Continuation or Suspension and Termination [74991 - 74996] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74992. Following an initial favorable referendum , 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. (Amended by Stats. 1992, Ch. 689, Sec. 14. Effective January 1, 1993.)
  175. 74993.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 8. Continuation or Suspension and Termination [74991 - 74996] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The secretary may process a suspension petition and, if the required voting conditions are met, suspend the chapter. The commission may also recommend suspension.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 8. Continuation or Suspension and Termination [74991 - 74996] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74993. (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 secretary that this chapter be suspended. However, any suspension shall not become effective until the expiration of the current marketing season. (b) Alternatively, the secretary may be petitioned to suspend this chapter. The petition shall 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. The secretary shall hold a hearing on the petition after receiving it. (c) The secretary 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 producers to determine if the commission shall be suspended. However, the secretary 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 secretary shall establish a referendum period, which shall not be less than 10 days or more than 60 days in duration. The secretary may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the referendum period, the secretary shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers from the lists established by the secretary participate in the referendum, the secretary shall suspend this chapter if he or she finds either of the following has occurred: (1) Sixty-five percent or more of the producers who voted in the referendum, voted in favor of suspension; and the producers so voting marketed a majority of the total quantity of winegrapes marketed in the preceding marketing season by all of the producers who participated in the referendum. (2) A majority of the producers who voted in the referendum voted in favor of suspension; and the producers so voting marketed 65 percent or more of the total quantity of winegrapes marketed in the preceding marketing season by all of the producers who voted in the referendum. (Amended by Stats. 1995, Ch. 727, Sec. 82. Effective January 1, 1996.)
  176. 74994.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 8. Continuation or Suspension and Termination [74991 - 74996] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    The secretary must terminate the commission at the end of the current marketing season if a written termination request is filed within 90 days and meets the stated producer and volume thresholds.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 8. Continuation or Suspension and Termination [74991 - 74996] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74994. (a) The secretary shall terminate the commission at the end of the current marketing season if the secretary 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. (b) The person or persons originating the request shall file a written notice with the secretary 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 secretary. (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 that 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. 1995, Ch. 727, Sec. 83. Effective January 1, 1996.)
  177. 74995.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 8. Continuation or Suspension and Termination [74991 - 74996] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    If the chapter is suspended, the commission must wind up its operations and distribute leftover funds according to the statute.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 8. Continuation or Suspension and Termination [74991 - 74996] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74995. 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. 4.)
  178. 74996.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 8. Continuation or Suspension and Termination [74991 - 74996] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 4. )

    Verify source ↗

    If the chapter is suspended, the commission must mail the suspension notice to affected producers and 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 12.7. California Winegrape Growers Commission [74801 - 74996] ( Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## ARTICLE 8. Continuation or Suspension and Termination [74991 - 74996] ( Article 8 added by Stats. 1986, Ch. 1287, Sec. 4. ) ## 74996. 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. 1287, Sec. 4.)
  179. 75001.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [75001 - 75007] ( Article 1 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    This section states that eggs and egg products are basic foods and that maintaining and expanding their markets is important.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [75001 - 75007] ( Article 1 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75001. Eggs and egg products constitute one of the basic, natural foods of the diet. The maintenance and expansion of existing markets and the development of new and improved markets and uses are vital and necessary to prevent the further decline in per capita consumption of eggs and egg products; to protect the welfare of the egg producer; and to provide employment for the work force. The Legislature also recognizes that this maintenance and expansion of the market for eggs is vital to the economy of California. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  180. 75002.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [75001 - 75007] ( Article 1 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    This section says protecting and enhancing the reputation of eggs and egg products, and reducing unreasonable and unnecessary economic waste, are essential aspects of the chapter’s authorized activities.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [75001 - 75007] ( Article 1 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75002. The protection and enhancement of the reputation of eggs and egg products in intrastate, interstate, and foreign markets, and the elimination of unreasonable and unnecessary economic waste of the agricultural wealth of this state is an essential aspect of the activities authorized in this chapter. (Amended by Stats. 1987, Ch. 243, Sec. 1. Effective July 23, 1987.)
  181. 75003.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [75001 - 75007] ( Article 1 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The state declares a policy to support egg and egg product handling, improve handling methods, and maintain job security for workers in the egg 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [75001 - 75007] ( Article 1 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75003. It is hereby declared to be the policy of this state to aid in the handling of eggs and egg products, to develop more efficient and equitable methods in handling, and to maintain job security for workers in the egg industry. (Amended by Stats. 1997, Ch. 121, Sec. 1. Effective January 1, 1998.)
  182. 75004.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [75001 - 75007] ( Article 1 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    California declares egg and egg product production and marketing in the state to be affected with a public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [75001 - 75007] ( Article 1 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75004. The production of eggs and egg products in this state and the marketing of eggs and egg products in this state, regardless of their point of origin 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. (Amended by Stats. 1987, Ch. 243, Sec. 2. Effective July 23, 1987.)
  183. 75005.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [75001 - 75007] ( Article 1 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [75001 - 75007] ( Article 1 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75005. A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, education, economic research and marketing research. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  184. 75006.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [75001 - 75007] ( Article 1 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    Actions taken by the commission, or by individuals acting under this chapter or its rules, 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [75001 - 75007] ( Article 1 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75006. No action taken by the commission, or by any individual in accordance with this chapter or with the rules and 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. (Amended by Stats. 1993, Ch. 454, Sec. 3. Effective January 1, 1994.)
  185. 75007.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [75001 - 75007] ( Article 1 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    Benefits from this chapter’s activities extend to in-state egg industry segments, and benefiting out-of-state handlers may have to bear a fair share of the burden and must comply with 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [75001 - 75007] ( Article 1 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75007. The benefits conferred by the activities authorized pursuant to this chapter extend to those segments of the egg industry doing business within this state. Insofar as out-of-state handlers benefit from the programs and activities authorized in accordance with this chapter, they may be obligated to bear their fair share of the burden and shall comply with this chapter. (Amended by Stats. 1994, Ch. 1093, Sec. 1.5. Effective January 1, 1995.)
  186. 7501.

    ## 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 2. Pest Seeds [7501 - 7603] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [7501 - 7503] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not disseminate the seed of any pest within this state.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4. WEEDS AND PEST SEEDS [7201 - 7603] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pest Seeds [7501 - 7603] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [7501 - 7503] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 7501. It is unlawful for any person to disseminate the seed of any pest within this state. (Enacted by Stats. 1967, Ch. 15.)
  187. 7502.

    ## 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 2. Pest Seeds [7501 - 7603] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [7501 - 7503] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director supervises enforcement of this chapter and must make any regulations needed to carry it out.

    ## 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 2. Pest Seeds [7501 - 7603] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [7501 - 7503] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 7502. The enforcement of this chapter is under the supervision of the director. He shall make such regulations as he may deem necessary to properly carry out the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  188. 75021.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75021. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  189. 75022.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75022. “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this chapter. (Amended by Stats. 2006, Ch. 538, Sec. 211. Effective January 1, 2007.)
  190. 75023.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    “Commission” means the California Egg 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75023. “Commission” means the California Egg Commission. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  191. 75024.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    “Commissioner” means any member of the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75024. “Commissioner” means any member of the commission. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  192. 75025.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    “Director” means 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75025. “Director” means the Director of Food and Agriculture. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  193. 75026.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    “Districts” are defined as District 1 and District 2, and their boundaries may be changed 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75026. “Districts” mean the following: (a) District 1 (Southern California) consists of the Counties of San Diego, Imperial, Orange, Riverside, San Bernardino, Los Angeles, Ventura, Santa Barbara, Kern, and San Luis Obispo. (b) District 2 (Northern California) consists of all counties not included in District 1. The boundaries of any district may be changed by a two-thirds vote of the commission, which is concurred in by the director, to ensure proper representation by handlers. The boundaries need not coincide with county lines. (Amended by Stats. 1983, Ch. 857, Sec. 9.)
  194. 75027.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    This section defines “eggs” for 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75027. “Eggs” means eggs from domesticated chickens handled in California for human consumption in shell egg form, except those eggs used for hatchery purposes. (Amended by Stats. 1997, Ch. 121, Sec. 2. Effective January 1, 1998.)
  195. 75027.5.

    ## 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    This section defines “egg products,” “processed,” and excludes certain food products from that term.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75027.5. (a) “Egg products” means eggs that are not sold or used for consumption in shell egg form and that have been processed into a nonshell form. (b) For purposes of this section, “processed” means cut, diced, sliced, peeled, seasoned, salted, sugared, preserved, frozen, dried, liquified, strained, pasteurized, separated into yolks and whites (whether or not in natural proportions), or blended or mixed with not more than 25 percent nonegg substances or ingredients. (c) Food products that contain less than 75 percent egg substances, or that historically have not been considered egg products, shall not be considered an “egg product” for purposes of this section. (Amended by Stats. 1994, Ch. 1093, Sec. 2. Effective January 1, 1995.)
  196. 75028.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    An “ex officio member” is defined 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75028. “Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  197. 75029.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75029. “Handle” means to engage in the business of a handler. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  198. 7503.

    ## 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 2. Pest Seeds [7501 - 7603] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [7501 - 7503] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section says the chapter’s rules add to, and do not replace, specified other provisions of the Food and Agricultural Code.

    ## 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 2. Pest Seeds [7501 - 7603] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [7501 - 7503] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 7503. The provisions of this chapter are in addition to the requirements which are specified in the following provisions of this code: (a) Article 1 (commencing with Section 5701), Chapter 8, Part 1 of this division. (b) Article 2 (commencing with Section 5721), Chapter 8, Part 1 of this division. (c) Article 3 (commencing with Section 5741), Chapter 8, Part 1 of this division. (d) Article 3 (commencing with Section 6341), Chapter 1, Part 2 of this division. (e) Chapter 3 (commencing with Section 6501), Part 2 of this division. (f) Articles 2 (commencing with Section 6921), 3 (commencing with Section 6941), and 4 (commencing with Section 6961), Chapter 2 of Part 3 of this division. (g) Chapter 2 (commencing with Section 52251) of Division 18. (Enacted by Stats. 1967, Ch. 15.)
  199. 75030.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. )

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    This section defines “handler,” “affiliate,” and “control” for the chapter, and says corporate handlers include their directors and officers for assessment-collection and payment liability.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75030. (a) “Handler” means the first person who sorts, grades, candles, or packages eggs, or who processes eggs into egg products, or who markets eggs or egg products in California that he or she has produced, purchased, or acquired from another person, or that he or she is marketing on behalf of another person, whether as owner, agent, employee, broker, or otherwise. When the handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for failure to collect or make payment of assessments for which a corporate handler may be subject pursuant to this chapter shall include identical liability upon each individual director or officer of the corporation. “Handler” does not include a retailer, except a retailer who purchases or acquires eggs or egg products from any producer, handler, or broker that were not previously subject to assessment by the commission. (b) For purposes of this chapter, any handler that owns, controls, or is affiliated with any other person engaged in the handling of eggs in any marketing year shall be considered to be the handler of all eggs handled by that person. “Affiliate” or “affiliated with” means a person who directly or indirectly through one or more intermediaries, controls, is controlled by, or is under the common direction and control of another person. “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of any person. (c) All references to “handler” in this chapter, except for Article 3 (commencing with Section 75051), Article 5 (commencing with Section 75111), subdivision (a) of Section 75132, and Article 8 (commencing with Section 75171), but not including Sections 75175 and 75176, includes California handlers and out-of-state handlers, unless otherwise specified. (Amended by Stats. 2001, Ch. 384, Sec. 1. Effective January 1, 2002.)
  200. 75030.5.

    ## 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. )

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    “Out-of-state handler” means a person in another state who handles eggs or egg products in California, as specified in Section 75030.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 2. Definitions [75021 - 75036] ( Article 2 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75030.5. “Out-of-state handler” means any person located in another state who handles eggs or egg products, as specified in Section 75030, in California. (Amended by Stats. 1997, Ch. 121, Sec. 4. Effective January 1, 1998.)

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