Food and Agricultural Code — Part 38 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 38 of 48 · provisions 7,401–7,600

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

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

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Provisions of Food and Agricultural Code

Showing 200 of 9,557

  1. 75031.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    “Market” or “marketing” means selling or causing eggs or egg products to be distributed into commercial channels of trade so they are sold 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 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. ) ## 75031. “Market” or “marketing” means to sell or otherwise cause to be distributed eggs or egg products into commercial channels of trade resulting in the sale of eggs or egg products in California. (Amended by Stats. 1993, Ch. 454, Sec. 6. Effective January 1, 1994.)
  2. 75032.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    “Marketing research” means any research relating to the sale of eggs or egg 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 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. ) ## 75032. “Marketing research” means any research relating to the sale of eggs or egg products. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  3. 75033.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 “marketing season” or “fiscal year” as January 1 through December 31, with a special start rule for the 1984–85 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 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. ) ## 75033. “Marketing season” or “fiscal year” means the period beginning January 1 of each year and extending through December 31 of the same year. However, the 1984–85 marketing season shall commence within 30 days after the election of the first commission members as provided in Article 5 (commencing with Section 75111). (Added by Stats. 1983, Ch. 531, Sec. 1.)
  4. 75033.5.

    ## 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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    “Person” includes individuals and several kinds of business entities.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 75033.5. “Person” means an individual, sole proprietorship, partnership, corporation, cooperative, limited liability company, firm, or other business entity. (Added by Stats. 2001, Ch. 384, Sec. 2. Effective January 1, 2002.)
  5. 75035.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    “Producer” means a person or business engaged in producing, or causing eggs or egg products to be produced, for market.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 75035. “Producer” means any person who is engaged in the business of producing, or causing to be produced, eggs or egg products for market. (Amended by Stats. 1994, Ch. 1093, Sec. 5. Effective January 1, 1995.)
  6. 75036.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 “secondary handler” as a person who buys eggs or egg products from a handler, if those goods were previously subject to assessment 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 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. ) ## 75036. “Secondary handler” means any person who purchases from a handler, eggs or egg products that were previously subject to assessment under this chapter. (Amended by Stats. 1993, Ch. 454, Sec. 7. Effective January 1, 1994.)
  7. 75051.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

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    The California Egg Commission is created in state government and must consist of eight handler members and one public member.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75051. There is in the state government the California Egg Commission. The commission shall be composed of eight handler members and one public member. Of the handler members, four shall be elected by and from handlers from District 1, three shall be elected by and from handlers from District 2, and one at-large handler shall be elected who pays assessments exclusively on eggs or egg products produced outside of California. (Amended by Stats. 1997, Ch. 121, Sec. 6. Effective January 1, 1998.)
  8. 75052.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

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    The director must appoint the public member to the commission from nominees recommended by the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75052. The public member shall be appointed to the commission by the director from the nominees recommended by the commission. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  9. 75053.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

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    The director and other appropriate individuals or organizations, as determined by the commission, are ex officio members of the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75053. The director, and other appropriate individuals and organizations, as determined by the commission, are ex officio members of the commission. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  10. 75054.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

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    The director may order the commission to stop or fix activities that are not in the public interest or violate 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75054. (a) The director may require the commission to correct or cease any existing activity or function which is determined by the director not to be in the public interest or which is in violation of this chapter. (b) If the commission refuses or fails to cease the activities or functions or to make the corrections as required by the director, the director may, upon written notice, suspend all or a portion of the activities or functions of the commission until the time that the cessation or correction of activities or functions required by the director has been accomplished by the commission. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  11. 75055.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

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    The director must issue a written notice, when feasible, before the commission enters certain related contracts, and must later notify the commission in writing about specific acts and reasons. Commission actions that violate a written notice have no legal force or effect.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75055. (a) Actions of the commission in violation of a written notice have no legal force or effect. The director, to the extent feasible, shall issue the written notice prior to the commission entering into any contractual relationship affecting the existing or proposed activities or functions which are the subject of the written notice. (b) Upon service of the written notice, the director shall notify the commission, in writing, of the specific acts which he or she determines are not in the public interest or are in violation of this chapter and his or her reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and he or she may make recommendations that will make the activities or functions acceptable. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  12. 75056.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

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    The commission and the director may seek judicial relief in court, and the court may grant temporary restraining orders, permanent injunctions, or other relief.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75056. The commission may bring an action for judicial relief from the director’s written notice, and the director may bring an action for judicial relief from noncompliance by the commission with the written notice, in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or other applicable relief. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  13. 75057.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

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    The commission must reimburse the director for expenditures made while carrying out duties under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75057. The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities under this chapter. However, the court may, if it finds that the director acted arbitrarily or capriciously in restricting the activities or functions of the commission, relieve the commission of the responsibility for payment of the director’s legal costs with regard to the action. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  14. 75058.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

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    Three alternate handler members must be elected, and they may serve for absent handler members on the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75058. (a) Three alternate handler members, one from each district and one who pays assessments exclusively on eggs or egg products produced outside of California, shall be elected in the same manner as the handler members. (b) Under procedures established by the commission, any alternate handler member may serve in place of any absent handler member on the commission regardless of whether the alternate handler was chosen from the district the absent handler member represents and shall have all the rights, privileges, and powers of the handler member when serving on the commission. (c) In the event of death, removal, resignation, or disqualification of a handler member, the alternate handler shall act as a handler member on the commission until a qualified successor is elected. (Amended by Stats. 1997, Ch. 121, Sec. 7. Effective January 1, 1998.)
  15. 75059.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

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    If a commission vacancy occurs, the commission fills it by majority vote for the rest of the term, and the appointee must meet the article’s requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75059. (a) Any vacancy on the commission occurring for any reason, including the failure of any elected member or elected alternate member to continue in his or her position due to a change in status making him or her ineligible to serve, or due to death, removal, resignation, or disqualification, shall be filled for the unexpired portion of the term by appointment by a majority vote of the commission. (b) The person so appointed shall fulfill all the requirements set forth in this article for the member or the alternate member whose office he or she is to fill. (c) The qualification of any person to fill a vacancy on the commission shall be certified by the commission, in writing, to the director. The director shall notify the commission if he or she determines that the person is not qualified. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  16. 75060.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

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    Handler members and alternates must meet the section’s eligibility requirements, including having a qualifying role with a handler and a financial interest in handling eggs or egg products for market.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75060. (a) Any handler member or his or her alternate shall be an individual, partner, or employee of a handler who has a financial interest in handling eggs or egg products for market. Not more than two handler members on the commission and not more than one handler member in any district shall be employed by or represent the same corporation, firm, partnership, association, or business organization. (b) Handler members and alternates shall meet the requirements of this section during their entire term of office. (Amended by Stats. 1994, Ch. 1093, Sec. 10. Effective January 1, 1995.)
  17. 75061.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The public member, or the alternate, has the same powers, rights, responsibilities, and privileges as any other commission member. The public member cannot have a financial interest in the egg industry during the entire term of office.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75061. The public member or his or her alternate has all the powers, rights, responsibilities, and privileges of any other member on the commission. The public member shall not have any financial interest in the egg industry during the entire term of office. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  18. 75062.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    Elected commissioners serve three-year terms, subject to specified transitional term lengths for the first elected members and a 2001-only alternate handler member, and no elected or appointed commissioner may serve more than three consecutive terms.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75062. (a) Except as provided in subdivision (b), the term of office of the elected commissioners is three years from the date of their election and until their successors are qualified and elected. (b) With respect to the first elected members of the commission, two of the handlers from District 1 and two of the handlers from District 2 shall serve for three years, and two of the handlers from District 1 and one of the handlers from District 2 shall serve for two years, with the determination of the term of each member to be made by lot. (c) With respect to the term commencing in 2001 only, the alternate handler member who pays assessments exclusively on eggs or egg products produced outside of California shall serve for two years. Thereafter, the term of this member shall be as otherwise provided by this chapter. (d) An elected or appointed commissioner shall not serve more than three consecutive terms. (Amended by Stats. 1997, Ch. 121, Sec. 8. Effective January 1, 1998.)
  19. 75063.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75063. The public member shall serve a term of three years and shall remain on the commission after the expiration of three years until his or her successor is qualified and appointed. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  20. 75064.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission is created as a corporate body and may use 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75064. (a) The commission shall be and is hereby declared and created as a corporate body. (b) It may sue and be sued, may contract and be contracted with, and has all of the powers of a corporation. It may adopt a corporate seal. (c) Copies of its proceedings, records, and acts, when authenticated, shall be admissible in evidence in all courts of the state and shall be prima facie evidence of the truth of all statements therein. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  21. 75065.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission has a quorum when five voting commissioners are present, and it may act by majority vote of the members present at a quorum meeting unless this chapter says otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75065. A quorum of the commission is five voting commissioners. Except as otherwise provided in this chapter, the commission may act by a vote of a majority of the members present at a meeting at which there is a quorum. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  22. 75066.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must notify the director or representatives of its meetings, and they may attend regular meetings and committee meetings.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75066. The director or his or her representatives shall be notified of, and may attend, each meeting of the commission and any committee meeting of the commission. However, the director or his or her representative or any other ex officio member is not entitled to attend an executive session of the commission called for the purpose of discussing potential or actual litigation involving either the department or the organization represented by the ex officio member, as the case may be. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  23. 75067.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    If a commission decision needs the director’s concurrence, the director must respond in writing to the commission within 15 working days after notification.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75067. When a decision of the commission requires the concurrence of the director, he or she shall indicate his or her response, in writing, to the commission within 15 working days from notification of the decision. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  24. 75068.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    Commissioners, alternates, and certain committee members cannot receive a salary, but they may be paid up to $100 per day plus approved travel and meal expenses for qualifying commission-related time.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75068. (a) No commissioner, including alternates, or a member of a committee established by the commission who is a nonmember of the commission, shall receive a salary. (b) Each commissioner and alternate, except ex officio governmental members, and each member of a committee who is a nonmember of the commission, may receive a sum of not to exceed one hundred dollars ($100) per day, as established by the commission, for each day spent in actual attendance at, or in traveling to and from, meetings of the commission or committees or on special assignment for the commission, as approved by the commission, together with the necessary traveling expenses and meal allowances, as approved by the commission. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  25. 75069.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    Money received from assessments or by the commission must be deposited in commission-designated financial institutions and paid out only by the commission’s order through designated agents. Those agents must be covered by a fidelity bond of at least $50,000.

    ## 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75069. (a) All funds received by any person from the assessments levied under the authority of this chapter, or otherwise received by the commission, shall be deposited in the banks or other appropriate financial institutions designated by the commission and shall be disbursed by order of the commission through the agent or agents that it designated for that purpose. (b) The agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business in this state, in favor of the commission, in the amount of not less than fifty thousand dollars ($50,000). (Added by Stats. 1983, Ch. 531, Sec. 1.)
  26. 75070.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The state is not liable for the commission’s acts or contracts, and commission members and agents are generally not personally liable, with exceptions 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 3. The California Egg Commission [75051 - 75070] ( Article 3 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75070. (a) The state shall not be liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the commission are limited to the funds collected by the commission. (b) No member of the commission or alternate member, or any employee or agent thereof, is personally liable on the contracts of the commission or responsible individually in any way to any producer, any handler, or any other person for error in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, or employee, except for his or her own individual acts of dishonesty or crime. (c) The commission shall accept full responsibility to defend any member of the commission or alternate member, or any employee or agent thereof, against any such claim, except for individual acts of dishonesty or crime. (d) No commissioner or alternate member shall be held responsible individually for any act or omission of any other member of the commission. The liability of the commissioners are several and not joint, and no commissioner is liable for the default of any other commissioner. (Amended by Stats. 1997, Ch. 121, Sec. 9. Effective January 1, 1998.)
  27. 75081.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission has the powers and duties listed in this article, and those powers are not limited to that list, subject to Sections 75054 and 75055.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75081. The powers and duties of the commission, subject to Sections 75054 and 75055, shall include, but are not limited to, all of the powers and duties specified in this article. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  28. 75082.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must adopt and update bylaws, rules, regulations, and orders needed to carry out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75082. The commission shall adopt and, from time to time, alter, rescind, modify, and amend in a manner prescribed by the commission, all proper and necessary bylaws, rules and regulations, and orders for carrying out this chapter, including rules for appeals from any bylaw, rule and regulation, or order of the commission. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  29. 75083.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must administer and enforce this chapter and may exercise the powers needed to carry out its 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75083. The commission shall administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably necessary for, the proper or advisable effectuation of the purposes of this chapter. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  30. 75084.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must appoint its own officers, including a chairperson, one or more vice chairpersons, and any 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75084. The commission shall appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers that it deems necessary. The officers have the powers and duties delegated to them by the commission. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  31. 75085.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must hire a president and chief executive officer and other necessary staff, may use a private entity or state agency instead of an individual president, and the director can require corrective action and may suspend or discharge the president, private entity, or state agency in certain cases.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75085. (a) The commission shall 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, that are necessary to carry out this chapter. (b) In lieu of an individual as president, the commission may contract with any private entity or state agency to perform, under the control of the commission, the functions specified in subdivision (a). (c) If the president, private entity, or state agency engages in any conduct which the director determines is not in the public interest or which is in violation of this chapter, the director shall notify the commission of the conduct and request that corrective and, if appropriate, disciplinary action be taken by the commission. If the commission fails or refuses to correct the situation or to take disciplinary action satisfactory to the director, the director may suspend or discharge the president, private entity, or state agency, as the case may be. (Amended by Stats. 1984, Ch. 965, Sec. 5. Effective September 10, 1984.)
  32. 75086.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must set compensation for all of its employees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75086. The commission shall fix the compensation for all employees of the commission. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  33. 75087.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission may appoint committees, including 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75087. The commission may appoint committees which may be composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  34. 75088.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission may establish offices, incur expenses, make contracts and agreements, create liabilities, and borrow funds in advance of yearly assessments 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75088. The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt of assessments for that year, that may be necessary, in the opinion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  35. 75089.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must keep accurate books, records, and accounts, have them audited annually, include the audit in an annual report, and send copies of that report to the Legislature and the department. The secretary may also order a fiscal and compliance audit when necessary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75089. (a) The commission shall keep accurate books, records, and accounts of all of its dealings, which books, records, and accounts are subject to an annual audit by an auditing firm selected by the commission with the concurrence of the secretary. The audit shall be made a part of an annual report to all handlers and producers, copies of which shall also be submitted to the Legislature and the department. (b) In addition, the secretary may, as he or she determines it to be necessary, conduct or cause to be conducted a fiscal and compliance audit of the commission. (Amended by Stats. 1994, Ch. 1093, Sec. 11. Effective January 1, 1995.)
  36. 75090.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must promote eggs and egg products through advertising and other promotional means.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75090. The commission shall promote the sale of eggs and egg products by advertising and other promotional means, including cost-sharing advertising, to maintain and expand present markets and create new and larger intrastate, interstate, and foreign markets for eggs and egg products, and to educate and instruct the public with respect to the uses, healthful properties, and nutritional value of eggs and egg products. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  37. 75090.5.

    ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission may ask the secretary to let it adopt and administer certain authorized activities, and its governing body may serve as the secretary’s advisory board if the secretary determines that should happen.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75090.5. (a) The commission may petition the secretary to adopt and administer any activity authorized by the California Marketing Act of 1937, Chapter 1 (commencing with Section 58601) of Part 2 of Division 21, relating to the commodity covered by the commission. Adoption and administration of the activity by the commission shall be in accordance with the act. (b) As determined by the secretary, the governing body of the commission may serve as the advisory board to the secretary with respect to any activity recommended and approved pursuant to this section. (Amended by Stats. 2002, Ch. 664, Sec. 87. Effective January 1, 2003.)
  38. 75091.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must educate and instruct the wholesale and retail trade about proper handling and marketing of eggs and egg products, make market surveys and analyses, and present facts to and negotiate with private and public agencies on matters affecting egg 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75091. The commission shall educate and instruct the wholesale and retail trade with respect to proper methods of handling and marketing eggs and egg products, to make market surveys and analyses, and to present facts to, and negotiate with, private and public agencies on matters that affect the marketing of eggs and egg products. (Amended by Stats. 1993, Ch. 454, Sec. 13. Effective January 1, 1994.)
  39. 75092.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission may make contracts to get services for planning and running programs and other agreements it considers necessary for its work 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75092. The commission may enter into contracts to render services in formulating and conducting plans, programs, and any other contracts and agreements that the commission decides are necessary to carry out the activities authorized under this chapter. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  40. 75092.5.

    ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission may accept contributions to carry out activities consistent with 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75092.5. The commission may accept contributions for the purpose of carrying out any activity consistent with this chapter. (Added by Stats. 1984, Ch. 965, Sec. 7. Effective September 10, 1984.)
  41. 75093.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission may conduct egg marketing research and research programs, and it may use or pool funds for those research purposes. A research program must be submitted to the director for approval before money is spent to implement 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75093. (a) The commission may conduct, and contract with others to conduct, marketing research, including the study, analysis, dissemination, and accumulation of information obtained from the research or from other sources regarding the marketing and distribution of eggs and egg products. In connection with the research, the commission is authorized to accept contributions of, or to match, private, state, or federal funds that may be available for these purposes, and to employ or make contributions of funds to other persons or state or federal agencies conducting this research. (b) The commission may conduct research programs for the purpose of developing and testing new products in selected markets. Funds may be expended to develop the proposal; however, the proposed program shall be submitted to the director for approval prior to the expenditure of funds to implement the program. The proposal submitted shall include a description of the new products, the test market to be utilized, and the duration of the program. (Amended by Stats. 1984, Ch. 965, Sec. 8. Effective September 10, 1984.)
  42. 75094.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75094. The commission may publish and distribute, without charge, bulletins or other communications for dissemination of information relating to commission activities and other related matters to producers and handlers. (Amended by Stats. 1994, Ch. 1093, Sec. 12. Effective January 1, 1995.)
  43. 75095.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must establish an assessment rate to cover its operating costs, subject to Section 75131.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75095. Pursuant to Section 75131, the commission shall establish an assessment rate to defray operating costs of the commission. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  44. 75096.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must prepare an annual budget using generally accepted accounting practices, and funds generally may not be disbursed unless the director concurs in the budget.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75096. (a) The commission shall prepare an annual budget according to generally accepted accounting practices. (b) Except for disbursements to pay the compensation of the employees of the commission, no disbursement of funds shall be made unless the director concurs in the budget. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  45. 75097.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must submit an annual statement of its planned activities to the director for concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75097. The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized under this chapter, including advertising, promotion, and marketing research. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  46. 75098.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission may investigate and prosecute civil violations of this chapter, and may file complaints with law enforcement for 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [75081 - 75098] ( Article 4 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75098. The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for criminal violation of this chapter. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  47. 75111.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The director must create a handler list within 90 days, may ask specified people for handler information in writing, and handlers must file the requested information within 30 days of written 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75111. (a) Within 90 days after the effective date of this chapter, the director shall establish a list of handlers subject to the provisions of this chapter and who are otherwise eligible to vote on implementation of this chapter. In establishing this list, the director may require handlers, county agricultural commissioners, and others to submit the name and mailing address of, and the volume, if known, handled by each handler. The request for this information shall be in writing. The information required by the director shall be filed within 30 days following receipt of the written notice. (b) Any handler, whose name does not appear upon the director’s list of handlers affected, may have his or her name included on the list by filing with the director a signed statement identifying himself or herself as a handler. Failure to be on this list does not exempt the handler from paying assessments under this chapter. (c) Additionally, the director may use other sources of information necessary to secure that information to establish the list. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  48. 75112.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The chapter does not become operative until the director finds that the referendum participation and voting thresholds are met, except as needed to conduct the referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75112. This chapter, except as necessary to conduct an implementation referendum, does not become operative until the director finds in a referendum conducted by him or her, or a person designated by the director, that at least 40 percent of the total number of handlers from the list established by the director pursuant to Section 75111, participated, and that he or she finds either one of the following: (a) Sixty-five percent or more of the handlers who voted in the referendum voted in favor of this chapter, and the handlers so voting handled a majority of the volume of eggs and egg products in the preceding season by all of the handlers who voted in the referendum. (b) A majority of the handlers who voted in the referendum voted in favor of this chapter, and the handlers so voting handled 65 percent or more of the volume of eggs and egg products in the preceding season by all of the handlers who voted in the referendum. (Amended by Stats. 1997, Ch. 121, Sec. 10. Effective January 1, 1998.)
  49. 75113.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The director must set a referendum period of at least 10 days and no more than 60 days, and may add needed procedures or extend the period in some cases.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75113. The director shall establish a period in which to conduct the referendum which shall not be less than 10 days or more than 60 days in duration, and may prescribe additional procedures as may be necessary to conduct the referendum. If the initial period established is less than 60 days, the director may extend the period. However, the total referendum period may not exceed 60 days. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  50. 75114.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. )

    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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75114. Nonreceipt of a ballot does not invalidate a referendum. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  51. 75115.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    If the director finds a favorable vote under Section 75112, the director must certify and notify the favorable vote and that the chapter is operative to listed handlers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75115. If the director finds that a favorable vote has been given as provided in Section 75112, he or she shall certify and give notice of the favorable vote, and that this chapter is operative, to all handlers whose names and addresses are on the list of the director. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  52. 75116.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    If the director finds there was no favorable vote under Section 75112, the director must certify that fact and declare this chapter inoperative.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75116. If the director finds that a favorable vote has not been given as provided in Section 75112, he or she shall so certify and declare this chapter to be inoperative. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  53. 75117.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    After the commission is certified, the director must run the handlers’ nomination and election, either by mail ballot or by calling a meeting of all handlers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75117. (a) Upon certification of the commission, as provided in Section 75115, the director shall, by mail ballot or by calling a meeting of all handlers, conduct the nomination and election of handlers to the commission. (b) Handlers shall be given written notice of the meeting at least 15 days prior to the meeting date. Any handler doing business in more than one district shall designate in a manner prescribed by the commission, prior to any election, the district in which he or she will vote. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  54. 75118.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    After the first commissioner election, candidates must be selected under nomination and election procedures set by the commission with the director’s concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75118. Subsequent to the first election of commissioners under this chapter, persons to be elected to the commission shall be selected pursuant to the nomination and election procedures established by the commission with the concurrence of the director. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  55. 75119.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    Before the implementation referendum, the commission’s proponents must deposit with the director whatever amount the director deems necessary to cover commission-creation expenses, and any leftover money must be returned to those proponents.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75119. (a) Prior to the implementation referendum conducted by the director pursuant to Section 75112, the proponents of the commission shall deposit with the director the amount that the director deems necessary to defray the expenses in creating the commission, including, but not limited to, preparing the necessary lists of handlers and conducting the implementation referendum. (b) Any funds left after paying those expenses shall be returned to the proponents of the commission who deposited the funds with the director. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  56. 75120.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    When the commission is created, it may reimburse the commission’s proponents for funds they deposited with the director that were used to create the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [75111 - 75120] ( Article 5 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75120. Upon creation of the commission, the commission is authorized to reimburse the proponents of the commission for any funds deposited with the director which were used in creating the commission, including, but not limited to, preparing the necessary lists of handlers and conducting the implementation referendum. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  57. 75131.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must set egg assessment rates before each marketing season, with approval from at least five handler members, and the rate generally cannot exceed $0.01 per dozen for shell eggs or the equivalent for egg 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75131. (a) The assessment on eggs and egg products shall be established by the commission, with the approval of not less than five handler members, prior to the beginning of each marketing season and, except as provided in subdivision (c), shall not exceed one cent ($0.01) per dozen for shell eggs, or the equivalent thereof, as determined by the commission, for egg products. (b) The commission may establish an assessment rate that is different for eggs than for egg products, so long as it does not exceed the maximum assessment authorized in subdivision (a). (c) An assessment greater than the maximum specified in subdivision (a) may be charged but only if it is approved by a vote of the handlers as provided for in Section 75112. (Amended by Stats. 2001, Ch. 384, Sec. 4. Effective January 1, 2002.)
  58. 75131.3.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    An assessment may be collected from out-of-state handlers for eggs or egg products handled in this state, using procedures set by the commission on eggs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75131.3. The assessment established pursuant to Section 75131 may be collected from out-of-state handlers in accordance with procedures established by the commission on eggs or egg products handled in this state. (Amended by Stats. 1997, Ch. 121, Sec. 11. Effective January 1, 1998.)
  59. 75131.5.

    ## 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 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission may exempt specified eggs and egg products from an assessment, but only with the director’s concurrence and if the assessed activities do not apply to those products.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75131.5. Prior to the beginning of each marketing season and during the 1984 marketing season, the commission, with the concurrence of the director, may exempt the sale of specified eggs and egg products from an assessment if the commission determines that the activities supported by the assessment are inapplicable to the eggs and egg products. (Added by Stats. 1984, Ch. 965, Sec. 10. Effective September 10, 1984.)
  60. 75132.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    This section exempts small egg handlers, secondary handlers, and certain out-of-state handlers from the chapter, but requires an affidavit to be filed with the commission for the exemption basis.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75132. (a) This chapter does not apply to any person who handles not more than 26,000 cases of eggs per year, or the equivalent thereof, and to secondary handlers. Unless the commission determines otherwise, direct sales to customers on the premises of the handler in less than one case lots shall not be included in computing the number of cases handled per year and shall not be subject to assessment by the commission. However, the handler shall file an affidavit with the commission stating the basis for exemption from this chapter. The commission shall then determine whether the exemption should be approved. (b) This chapter does not apply to any out-of-state handler who handles not more than 26,000 cases of eggs per year, or the equivalent thereof. However, upon the implementation of Section 75131.3, the commission may require the out-of-state handlers to file an affidavit with the commission stating the basis for exemption from this chapter. The commission shall then determine whether the exemption should be approved. (Amended by Stats. 1994, Ch. 1093, Sec. 14. Effective January 1, 1995.)
  61. 75133.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    Handlers and certain registered persons must keep complete and accurate egg records, use commission-prescribed record formats, keep the records for five years, and show them for inspection on written demand.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75133. Every handler, and any person required to be registered pursuant to Section 75135.5, shall keep a complete and accurate record of all eggs and egg products handled by him or her. These records shall be in the form and contain the information prescribed by the commission. The records shall be retained for a period of five years and shall be submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. (Amended by Stats. 1997, Ch. 121, Sec. 12. Effective January 1, 1998.)
  62. 75134.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission or secretary must keep proprietary information from handlers confidential, unless a court order requires disclosure in a judicial proceeding under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75134. (a) All proprietary information obtained by the commission or the secretary from handlers is confidential and shall not be disclosed except when required by court order in a judicial proceeding involving this chapter. (b) Information on volume shipments, product value, and any other related information that is required for reports to governmental agencies; financial reports to the commission or aggregate sales and inventory information; and any other information that the commission requires that gives only totals, but excludes individual handler information, may be disclosed by the commission. (Amended by Stats. 1994, Ch. 1093, Sec. 16. Effective January 1, 1995.)
  63. 75135.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    Assessments are levied on handlers for eggs and egg products not already assessed by the commission, and the handler must hold the assessment funds in trust until they are paid to the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75135. Assessments shall be levied upon the handler for all eggs and egg products handled by him or her that were not previously assessed by the commission. The handler of eggs and egg products being assessed shall be a trustee of the assessment funds until they are paid to the commission at the time and in the manner prescribed by the commission. (Amended by Stats. 1994, Ch. 1093, Sec. 17. Effective January 1, 1995.)
  64. 75135.5.

    ## 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 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    Some people handling out-of-state eggs or egg products in California must register with the commission before handling 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75135.5. Persons handling eggs or egg products in California which originated out of state, including persons shipping eggs or egg products into California, shall register with the commission in the manner prescribed by the commission, before handling eggs or egg products in this state. (Amended by Stats. 1997, Ch. 121, Sec. 13. Effective January 1, 1998.)
  65. 75136.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    Handlers must pay the assessments, and handlers who miss filing or payment deadlines must pay a 10% penalty plus 2% monthly interest on the unpaid balance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75136. Every handler is personally liable for the payment of the assessments. Any handler who fails to file records as prescribed by the commission or pay any assessment within the time required by the commission, shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due and, in addition, 2 percent interest per month on the unpaid balance. (Amended by Stats. 1994, Ch. 1093, Sec. 18. Effective January 1, 1995.)
  66. 75137.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    When the federal Egg Marketing Order is in effect and a federal assessment has been paid, the commission’s assessment under this chapter cannot be more than $0.005 per dozen shell eggs (or equivalent). If the federal order ends, this section stops having future effect.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 6. Assessments and Records [75131 - 75137] ( Article 6 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75137. (a) For any period during which the federal Egg Marketing Order (7 C.F. R. 994) and any resulting regulations are in effect and for which a federal assessment was paid in accordance with the order, the assessment collected by the commission pursuant to this chapter shall not exceed one-half cent ($0.005) per dozen shell eggs or the equivalent thereof. (b) If the federal order is terminated, this section shall have no future force and effect. (Added by Stats. 1987, Ch. 243, Sec. 11. Effective July 23, 1987.)
  67. 75151.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [75151 - 75156] ( Article 7 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    This section makes it a misdemeanor to submit false commission records, refuse requested egg/egg product information when handling or trading those goods, or destroy or alter required records.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [75151 - 75156] ( Article 7 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75151. It is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding five hundred dollars ($500), or by both the fine and imprisonment, for any person to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by the commission. (b) When engaged in the handling of eggs or egg products or in the wholesale or retail trade of the handling of eggs or egg products, fail or refuse to furnish to the commission or its duly authorized agents, upon request, information concerning the name and address of the persons from whom eggs or egg products have been received and the quantity so received. (c) Secrete, destroy, or alter records required to be kept under this chapter. (Amended by Stats. 1997, Ch. 121, Sec. 14. Effective January 1, 1998.)
  68. 75152.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [75151 - 75156] ( Article 7 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must set procedures for claims against it and for informal hearings for people affected 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [75151 - 75156] ( Article 7 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75152. (a) The commission shall establish procedures for the purpose of addressing any claims made against the commission or any of its individual members and alternates, and for the purpose of according individuals, including members and alternates, aggrieved by its actions or determinations an informal hearing before the commission or before a committee of the commission designated for that purpose. (b) Appeals from decisions of the commission may be made to the director. The determination of the director is subject to judicial review upon petition filed with the appropriate superior court. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  69. 75153.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [75151 - 75156] ( Article 7 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission may sue to collect assessments and penalties and seek injunctive relief or specific performance, and the court must grant certain writs and injunctions if the required showing is made.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [75151 - 75156] ( Article 7 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75153. (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for the obtaining of injunctive relief or specific performance, with respect to this chapter and the rules and regulations adopted under this chapter. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any other rule or regulation of the commission, including, but not limited to, the nonpayment of assessments. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief. A writ of attachment shall be issued pursuant to Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified by Section 485.010 is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or of inadequate remedy at law specified by Section 526 or 527 is not required. Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business regarding the commodity subject to this chapter until there is full compliance with and satisfaction of the judgment. (b) Except in a proceeding to determine whether the director acted arbitrarily or capriciously in restricting the activities or functions of the commission, upon a favorable judgment for the commission, the commission is entitled to receive reimbursement for any reasonable attorney’s fees and other actual related costs. (c) Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. (Amended by Stats. 1992, Ch. 868, Sec. 7. Effective January 1, 1993.)
  70. 75154.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [75151 - 75156] ( Article 7 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [75151 - 75156] ( Article 7 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75154. Any action for any penalty or other remedy which is prescribed under this chapter shall be commenced within two years from the date of the alleged violation. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  71. 75155.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [75151 - 75156] ( Article 7 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission does not need to allege or prove that there is no adequate remedy at law in actions brought 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [75151 - 75156] ( Article 7 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75155. It is not necessary for the commission to allege or prove that an adequate remedy at law does not exist in any action brought under this chapter. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  72. 75156.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [75151 - 75156] ( Article 7 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [75151 - 75156] ( Article 7 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75156. This chapter shall be liberally construed. If any section, clause, or part of this chapter is for any reason held to be unconstitutional or invalid as applied to any person or as applied under certain circumstances, that decision shall not affect the remaining portions of this chapter or the application of this chapter to any other persons or under any other circumstance. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  73. 75171.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [75171 - 75176] ( Article 8 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must conduct a referendum among handlers in 1989. The director must certify the result, and the chapter stays in force if the vote is favorable; otherwise, the chapter and commission are suspended after the 1989 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [75171 - 75176] ( Article 8 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75171. (a) Between January 1, 1989, and December 31, 1989, the commission shall conduct a referendum among handlers. A favorable vote under this chapter shall be found if the director determines from the referendum that a majority of the eligible handlers voting in the referendum voted in favor of continuing the operations of this chapter. (b) If the director finds that a favorable vote has been given, he or she shall so certify and this chapter shall remain operative. If the director finds that a favorable vote has not been given, he or she shall so certify and declare the operation of this chapter and the commission suspended upon the expiration of the marketing season ending December 31, 1989. Thereupon, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 75175. (c) No bond or security is required for the referendum. (Amended by Stats. 1984, Ch. 965, Sec. 12. Effective September 10, 1984.)
  74. 75172.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [75171 - 75176] ( Article 8 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission must hold a referendum every fifth year after a favorable referendum, unless a petitioned referendum changes the schedule. The secretary must certify the result, and if the vote is not favorable, the chapter and commission are suspended after the current 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [75171 - 75176] ( Article 8 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75172. (a) Following a favorable referendum conducted prior to December 31, 1989, a referendum shall be conducted by the commission every fifth year thereafter between January 1st and December 31st, following procedures provided in this article, unless a referendum is conducted as the result of a petition filed pursuant to Section 75173. In that case, the referendum shall be every fifth year following the industry-petitioned referendum. (b) A favorable vote under this section shall be found if the secretary determines from the referendum that a majority of the handlers eligible to vote in the referendum voted in favor of continuing the operations of this chapter, or that the handlers so voting handled a majority or more of the volume of eggs or egg products handled in the preceding season by all of the handlers who voted in the referendum. (c) If the secretary finds that a favorable vote has been given, he or she shall so certify and this chapter shall remain operative. If the secretary finds that a favorable vote has not been given, he or she shall so certify and declare the operation of this chapter and the commission suspended upon the expiration of the then current marketing season. Thereupon, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 75175. (d) No bond or security is required for a referendum conducted pursuant to this section. (Amended by Stats. 1997, Ch. 121, Sec. 15. Effective January 1, 1998.)
  75. 75173.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [75171 - 75176] ( Article 8 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    The commission may recommend suspension of the chapter, and the secretary must run a referendum process before suspension can occur under the stated conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [75171 - 75176] ( Article 8 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75173. (a) Upon a finding by a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the operation of this chapter be suspended. However, the suspension shall not become effective until the expiration of the current marketing season. (b) The secretary shall, upon receipt of this recommendation, or may, after a public hearing to review a petition filed with him or her requesting the suspension, signed by 20 percent of the total number of handlers by number who handled not less than 20 percent of the volume of eggs and egg products handled in the immediately preceding marketing season, conduct a referendum among the handlers to determine if the operation of the commission shall be suspended. However, the secretary shall not hold a referendum as a result of the petition unless the petitioner shows by a preponderance of the evidence that the operation of this chapter has not tended to effectuate its declared purpose. (c) The secretary shall establish a referendum period, which shall not be less than 10 or more than 60 days in duration. The secretary may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. (d) If at least 40 percent of the total number of handlers from the list established by the secretary participated in the referendum, the secretary shall suspend the operation of this chapter, if he or she finds either one of the following: (1) Sixty-five percent or more of the total number of handlers who voted in the referendum voted in favor of suspension, and the handlers so voting handled a majority or more of the volume of eggs and egg products handled in the preceding marketing season by all of the handlers who voted in the referendum. (2) A majority of the total number of handlers who voted in the referendum voted in favor of suspension, and the handlers so voting handled 65 percent or more of the volume of eggs and egg products handled in the preceding season by all of the handlers who voted in the referendum. (Amended by Stats. 1997, Ch. 121, Sec. 16. Effective January 1, 1998.)
  76. 75174.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [75171 - 75176] ( Article 8 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    Before a referendum under Section 75173, the petitioners must deposit with the director whatever amount the director considers necessary to cover the referendum’s preparation and conduct costs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [75171 - 75176] ( Article 8 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75174. Prior to any referendum resulting from a petition filed in accordance with Section 75173, the petitioners shall deposit with the director an amount that the director deems necessary to defray the expenses of preparing the necessary lists and information and conducting the referendum. Any funds not used shall be returned to the petitioners who deposited the funds with the director. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  77. 75175.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [75171 - 75176] ( Article 8 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    After suspension, the commission must wind up its operations and distribute remaining assessment 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 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [75171 - 75176] ( Article 8 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75175. (a) After the effective date of suspension of the operation of this chapter and of the commission, the operations of the commission shall be concluded and any and all remaining funds held by the commission, collected by assessment and not required to defray the expenses of concluding and terminating the operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding marketing season. (b) However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of a pro rata refund to these persons, any such funds remaining and any funds remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into an appropriate state authorized eggs or egg products program. If no such program exists, the funds shall be paid into a federally authorized eggs or egg products program. If no such program exists, the funds shall be paid into the State Treasury as unclaimed trust money. (Added by Stats. 1983, Ch. 531, Sec. 1.)
  78. 75176.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [75171 - 75176] ( Article 8 added by Stats. 1983, Ch. 531, Sec. 1. )

    Verify source ↗

    If the chapter and commission are suspended, the commission must mail the suspension notice to all affected handlers on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13. California Egg Commission [75001 - 75176] ( Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [75171 - 75176] ( Article 8 added by Stats. 1983, Ch. 531, Sec. 1. ) ## 75176. Upon suspension of the operation of this chapter and of the commission, the commission shall mail a copy of the notice of suspension to all handlers affected by the suspension whose names and addresses are on file. (Amended by Stats. 1994, Ch. 1093, Sec. 21. Effective January 1, 1995.)
  79. 7531.

    ## 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 2. Certificates [7531 - 7534] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Each county commissioner may issue certificates stating that crop seed is free from pest seed.

    ## 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 2. Certificates [7531 - 7534] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 7531. To prevent the dissemination of the seed of any pest through the medium of crop seed for planting, the commissioner of each county may issue certificates which state that the crop seed is free from the seed of any pest. (Enacted by Stats. 1967, Ch. 15.)
  80. 7532.

    ## 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 2. Certificates [7531 - 7534] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner may issue a certificate if the applicant is a grower of crop seed in the state, gives at least 10 days’ notice before harvest, and complies with any pest-removal requirement the commissioner gives after notice.

    ## 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 2. Certificates [7531 - 7534] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 7532. The commissioner may issue the certificate if all of the following requirements are complied with: (a) The applicant is the grower of any crop seed within this state. (b) The applicant notifies the commissioner who has jurisdiction where such crop seed is being grown of his intention to harvest the crop seed for planting purposes not less than 10 days prior to the date of harvest of such crop seed. (c) The applicant, after notice to him of such requirement, has complied with any requirement of the commissioner with respect to the removal of any pest which is growing in the crop and which may be harvested with the crop seed. (Enacted by Stats. 1967, Ch. 15.)
  81. 7533.

    ## 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 2. Certificates [7531 - 7534] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner may inspect a crop seed crop after receiving advance notice from the grower, and must notify the grower if a pest is found.

    ## 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 2. Certificates [7531 - 7534] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 7533. The commissioner, upon receipt of a notice from any person who is the grower of any crop seed within the commissioner’s jurisdiction of such person’s intention to harvest crop seed not less than 10 days prior to the date of harvest, may cause a field inspection to be made of such crop. If any pest is found growing in such crop, the seed of which may be harvested with such crop seed, the commissioner shall serve a notice which specifies the particular pest that is growing in such crop and the methods to be used in removing the pest which is found in the crop. (Enacted by Stats. 1967, Ch. 15.)
  82. 7534.

    ## 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 2. Certificates [7531 - 7534] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not alter, deface, or otherwise misuse a certificate issued under this article.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 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 2. Certificates [7531 - 7534] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 7534. It is unlawful for any person to alter, deface, or otherwise misuse a certificate which is issued pursuant to this article. (Enacted by Stats. 1967, Ch. 15.)
  83. 75501.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [75501 - 75507] ( Article 1 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    The section says apple production and marketing are an important state industry that provides revenue and jobs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [75501 - 75507] ( Article 1 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75501. The production and marketing of apples constitute an important industry of this state which provides substantial and necessary revenues for the state and employment for its residents. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  84. 75502.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [75501 - 75507] ( Article 1 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    The provision states that maintaining California’s apple industry is necessary to ensure a continuous supply of apples and needed income for people in the industry.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [75501 - 75507] ( Article 1 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75502. The maintenance of the apple industry of California is necessary to assure the public of a continuous supply of this vital food product and the maintenance of needed levels of income for those persons engaged in the industry. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  85. 75503.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [75501 - 75507] ( Article 1 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    This section says apple production and marketing in the state are a matter of public interest and states the chapter is enacted under the state's police power.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [75501 - 75507] ( Article 1 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75503. The production and marketing of apples produced in this state are 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. 1990, Ch. 1076, Sec. 2.)
  86. 75504.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [75501 - 75507] ( Article 1 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    Actions taken by the commission or by individuals acting under this chapter or its regulations are not violations of certain antitrust and restraint-of-trade laws.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [75501 - 75507] ( Article 1 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75504. No action taken by the commission or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or any statutory or common law against monopolies or combinations in restraint of trade. (Amended by Stats. 2021, Ch. 374, Sec. 4. (AB 623) Effective January 1, 2022.)
  87. 75505.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [75501 - 75507] ( Article 1 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    This chapter should be read broadly, and if one part is invalid, the rest of the chapter remains effective when it can stand on its own.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [75501 - 75507] ( Article 1 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75505. This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter 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. 1990, Ch. 1076, Sec. 2.)
  88. 75506.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [75501 - 75507] ( Article 1 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    This section says commission members are meant to represent and advance the interests of the relevant agricultural industry, and treats that industry as the public generally for certain commission members under Government Code Section 87103.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [75501 - 75507] ( Article 1 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75506. 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 concerned and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that with respect to persons who are elected or appointed to the commission, the particular agricultural industry concerned is tantamount to and constitutes the public generally within the meaning of Section 87103 of the Government Code. (Amended by Stats. 1994, Ch. 69, Sec. 2. Effective May 9, 1994.)
  89. 75507.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [75501 - 75507] ( Article 1 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    The chapter-created commission form of administration is intended to handle apple advertising, promotion, marketing research, production research, and other activities authorized by the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [75501 - 75507] ( Article 1 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75507. A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and production research of apples, and any other activity authorized in this chapter. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  90. 75511.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75511. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  91. 75511.5.

    ## 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    “Apple” means any variety of apple grown in this state and marketed for fresh consumption.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75511.5. “Apple” means any variety of apple that is grown in this state and marketed for fresh consumption. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  92. 75512.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75512. “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. 1990, Ch. 1076, Sec. 2.)
  93. 75513.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    This section defines “Commission” as the California Apple 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75513. “Commission” means the California Apple Commission. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  94. 75514.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    This section defines the commission’s districts and lets the commission change district numbers and boundaries if notice is given, the members approve by two-thirds vote, and the secretary concurs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75514. (a) “Districts” shall consist of the following: (1) District 1 shall consist of the Counties of Imperial, Kern, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Los Angeles, Orange, Riverside, and Ventura. (2) District 2 shall consist of the Counties of Alpine, Fresno, Inyo, Kings, Madera, Mariposa, Merced, Mono, Monterey, San Benito, Tulare, and Tuolumne. (3) District 3 shall consist of the Counties of Alameda, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Marin, Mendocino, Modoc, Napa, Nevada, Placer, Plumas, Sacramento, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Yolo, and Yuba. (b) Notwithstanding subdivision (a), after the commission provides notice to all eligible producers, the number of districts and their boundaries may be changed by a two-thirds vote of the members of the commission, which is concurred in by the secretary. When there are two or more districts, there shall be similar total production among the districts to ensure proper representation. These boundaries need not coincide with county lines. (Amended by Stats. 2021, Ch. 374, Sec. 5. (AB 623) Effective January 1, 2022.)
  95. 75515.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75515. “Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  96. 75516.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    A “handler” is a person packing or marketing apples for fresh consumption, including certain marketing on behalf of a producer; on the commission’s request, the person must provide proof of handler 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75516. “Handler” means any person engaged in packing apples for fresh consumption or engaged in marketing apples for fresh consumption that the person has produced or that the person is marketing on behalf of a producer either directly or through an agent, employee, broker, or otherwise, and who, upon request by the commission, provides proof that he or she is engaged in handler activities. (Amended by Stats. 1994, Ch. 69, Sec. 5. Effective May 9, 1994.)
  97. 75518.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    This provision defines “market” or “marketing” as selling apples.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75518. “Market” or “marketing” means to sell apples. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  98. 75519.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75519. “Marketing research” means any research relating to the sale of apples. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  99. 75520.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    This section defines “marketing year” as 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75520. “Marketing year” means the period beginning July 1 of each year and extending through June 30 of the following year. (Repealed and added by Stats. 1994, Ch. 69, Sec. 8. Effective May 9, 1994.)
  100. 75520.5.

    ## 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    “Member” means a person who serves on the commission’s board of directors.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75520.5. “Member” means a person who serves on the commission’s board of directors. (Added by Stats. 1994, Ch. 69, Sec. 9. Effective May 9, 1994.)
  101. 75521.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    This section defines “pack,” “packing,” and “packed” as the regular compact arrangement of all or part of the fruit in a container or subcontainer.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75521. “Pack,” “packing,” or “packed” means the regular compact arrangement of all or part of the fruit in any container or subcontainer. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  102. 75522.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    “Person” includes any individual, firm, corporation, association, or other entity doing business in California.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75522. “Person” means any individual, firm, corporation, association, or other entity doing business in California. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  103. 75523.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    “Producer” is defined as a person involved in producing, or causing apples to be produced, for market, and who provides proof of commodity sale when the commission requests 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75523. “Producer” means any person who is engaged in the business of producing, or causing to be produced, apples for market, and who, upon request of the commission, provides proof of commodity sale. (Amended by Stats. 1994, Ch. 69, Sec. 10. Effective May 9, 1994.)
  104. 75524.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    This section defines “production research” for apples.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75524. “Production research” means any research related to pest control and to the production, harvest, and postharvest handling of apples, other than marketing research. (Amended by Stats. 1994, Ch. 69, Sec. 11. Effective May 9, 1994.)
  105. 75525.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    “Sale” means the point when a producer transfers title of apples for money or other valuable consideration.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75525. “Sale” means the point at which the producer transfers title of apples in exchange for financial compensation or other valuable consideration. A sale may occur even though the purchased apples are not placed in normal marketing channels. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  106. 75526.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    “Secretary” means the Secretary of Food and Agriculture.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 2. Definitions [75511 - 75526] ( Article 2 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75526. “Secretary” means the Secretary of Food and Agriculture. (Added by renumbering Section 75514 by Stats. 1994, Ch. 69, Sec. 3. Effective May 9, 1994.)
  107. 75531.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    This section creates the California Apple Commission and sets how its board and members must be composed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75531. (a) There is in the state government the California Apple Commission. (b) Pursuant to Section 75514, when there are two or more districts, the commission shall consist of a board of directors of three producers and one handler from each district, and one public member. (c) Pursuant to Section 75514, when there is one statewide district, the commission shall consist of a board of directors of no less than six producers and one handler, as determined by a two-thirds vote of the commission’s board of directors, which is concurred in by the secretary, and one public member. (d) The public member shall be appointed to the commission by the secretary from nominees recommended by other members of the commission. (e) The secretary and other persons, as determined by the commission, shall be ex officio members of the commission. (Amended by Stats. 2021, Ch. 374, Sec. 6. (AB 623) Effective January 1, 2022.)
  108. 75532.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75532. (a) The secretary may require the commission to correct or cease any activity or function of the commission 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 the specified activities or functions or to make corrections required by the secretary, the secretary, upon written notice, may 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 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 that are the subject of the written notice. (d) At the same time the written notice is provided to the commission, the secretary shall notify the commission in writing of the specific acts that the secretary determines are not in the public interest or are in violation of this chapter, the secretary’s reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and the secretary’s recommendations with respect to any action that will make the activities or functions acceptable. (Amended by Stats. 1994, Ch. 69, Sec. 15. Effective May 9, 1994.)
  109. 75533.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75533. 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. 1994, Ch. 69, Sec. 16. Effective May 9, 1994.)
  110. 75534.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    If the secretary must concur in a commission decision, the secretary must act within 15 working days after receiving 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75534. If 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 the date the secretary receives the notification of the decision. (Amended by Stats. 1994, Ch. 69, Sec. 17. Effective May 9, 1994.)
  111. 75535.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. )

    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 it 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75535. 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, if it finds that the secretary acted arbitrarily or capriciously in restricting the activities or functions of the commission, may relieve the commission of the responsibility for payment of the secretary’s legal costs with regard to that action. (Amended by Stats. 1994, Ch. 69, Sec. 18. Effective May 9, 1994.)
  112. 75536.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    Alternate members are selected under commission procedures, may serve when a member is absent, and can take on the member’s rights, privileges, and powers while serving.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75536. (a) Alternate members shall be selected pursuant to procedures adopted by the commission. (b) Any alternate member may serve in place of any absent member on the commission and shall have all of the rights, privileges, and powers of the member when serving on the commission. (c) In the event of the death, removal, resignation, or disqualification of a member, the alternate member shall act as a member of the commission until a qualified successor is elected. (Amended by Stats. 2021, Ch. 374, Sec. 7. (AB 623) Effective January 1, 2022.)
  113. 75537.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    If a commission vacancy occurs for certain listed reasons, the remaining members must fill it by majority vote, and the appointee must meet the article’s qualifications.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75537. Any vacancy on the commission occurring by the failure of any person elected to or serving on the commission as a member or alternate member to continue in his or her position due to a change in his or her status, thereby making the person ineligible to serve, or due to death, removal, resignation, or disqualification, shall be filled for the unexpired portion of the term by a majority vote of all of the remaining members of the commission. The appointee shall meet all of the qualifications set forth in this article as required for the member or alternate whose office he or she is to occupy. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  114. 75538.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    Producer members and handler members must meet the specified qualification and financial-interest requirements, and public or alternate members may not have a financial interest in the apple 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75538. (a) Any producer member shall be a producer or an employee representing a producer who has a financial interest in producing, or causing to be produced, apples for market. Qualifications of producer members shall be maintained during their entire term of office. (b) Any handler member, or employee representing that person, shall have a financial interest in marketing or packing apples for market. Qualifications of handler members shall be maintained during their entire term of office. (c) The public member and alternate member on the commission, if appointed, shall have all of the powers, rights, and privileges of any other member or alternate member, respectively, on the commission. The public member and alternate member, if appointed, shall not have any financial interest in the apple industry. (d) Not more than one member and one alternate member shall be persons employed by, or connected in a proprietary capacity with, the same corporation, firm, partnership, association, or business organization. Any alternate member serving on the commission who is employed by, or connected in a proprietary capacity with, a person serving as a member on the commission from the same company, firm, partnership, or business organization shall serve as an alternate to the member. (Amended by Stats. 2021, Ch. 374, Sec. 8. (AB 623) Effective January 1, 2022.)
  115. 75539.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    Each member’s term is four years, except ex officio members.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75539. The term of office of each member, except ex officio members, is four years, commencing with the beginning of the marketing year following the member’s election and until a qualified successor is elected or appointed. (Amended by Stats. 2021, Ch. 374, Sec. 9. (AB 623) Effective January 1, 2022.)
  116. 75541.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    The commission may sue and be sued, make contracts, and adopt a seal. Authenticated copies of its proceedings, records, and acts count as prima facie evidence of the truth of the statements in 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75541. The commission may sue and be sued, enter into contracts, and adopt a seal. Copies of its proceedings, records, and acts, when authenticated, shall be prima facie evidence of the truth of all statements therein. (Amended by Stats. 2021, Ch. 374, Sec. 10. (AB 623) Effective January 1, 2022.)
  117. 75542.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    The commission has a quorum when a majority of its 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75542. A quorum of the commission is a majority of the voting members. Except as otherwise provided in this chapter, the vote of a majority of the members present at a meeting at which there is a quorum constitutes the act of the commission. (Amended by Stats. 1994, Ch. 69, Sec. 23. Effective May 9, 1994.)
  118. 75543.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    The secretary or the secretary’s representatives must be notified of commission and committee meetings and may attend them, except the secretary may not attend an executive session about litigation against the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75543. The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission. However, the secretary may not attend an executive session of the commission called for the purpose of discussing potential or actual litigation against the secretary. (Amended by Stats. 1994, Ch. 69, Sec. 24. Effective May 9, 1994.)
  119. 75544.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    Commission members and certain committee members may not receive compensation, but they may receive necessary travel expenses and meal allowances if the commission approves 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75544. No member or alternate member of the commission, or member of a committee established by the commission who is a nonmember of the commission, shall receive any compensation. Each member of the commission or each alternate member serving in place of a member, except ex officio members, and each member of a committee established by the commission who is a nonmember of the commission, may receive necessary traveling expenses and meal allowances as approved by the commission. (Amended by Stats. 1994, Ch. 69, Sec. 25. Effective May 9, 1994.)
  120. 75545.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    Funds received from chapter assessments must be deposited in banks designated by the commission, and the commission must control disbursements through designated agents who must be bonded.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75545. 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 which 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. 1990, Ch. 1076, Sec. 2.)
  121. 75546.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. )

    Verify source ↗

    The state and commission personnel are generally not personally liable for commission acts, contracts, or others’ 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 3. The California Apple Commission [75531 - 75546] ( Article 3 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## 75546. The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the commission are limited to the funds collected by the commission. No member, alternate member, employee, or agent of the commission is personally liable for the contracts of the commission nor is any such person responsible individually in any way to any producer 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 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. 1990, Ch. 1076, Sec. 2.)
  122. 75581.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission’s powers and duties include, but are not limited to, the items 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75581. The powers and duties of the commission shall include, but are not limited to, all of those specified in this article. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  123. 75582.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75582. 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. (Amended by Stats. 1994, Ch. 69, Sec. 29. Effective May 9, 1994.)
  124. 75583.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission may administer and enforce this chapter, and may take other 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75583. 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 implementation of this chapter. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  125. 75584.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75584. 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. 1990, Ch. 1076, Sec. 2.)
  126. 75585.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission may hire and retain personnel, and the secretary may require corrective action and may suspend or discharge a person if the commission does not respond satisfactorily.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75585. 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 secretary determines is not in the public interest or that is in violation of this chapter, the secretary shall notify the commission of the conduct and request that corrective and, if appropriate, disciplinary action be taken by the commission. If the commission fails or refuses to correct the situation or to take disciplinary action satisfactory to the secretary, the secretary may suspend or discharge the person. (Amended by Stats. 1994, Ch. 69, Sec. 30. Effective May 9, 1994.)
  127. 75586.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75586. The commission may fix the compensation for all employees of the commission. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  128. 75587.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission may appoint committees made up of commission members and nonmembers to advise 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75587. The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  129. 75588.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission may set up offices, spend money, make contracts, create liabilities, borrow in advance of assessments, and repay producers for initial formation costs when it считает 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75588. The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, borrow funds in advance of receipt of assessments, and repay producers for costs incurred during the initial formation of the commission, 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. 1990, Ch. 1076, Sec. 2.)
  130. 75589.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission must keep accurate books, records, and accounts and have them audited annually; the audit summary must be sent to producers and the secretary, and the secretary may also 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75589. The commission shall keep accurate books, records, and accounts of all its dealings that shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of the secretary. A summary of the audit shall be reported to all producers and a copy of the summary shall also be submitted to the secretary. In addition, the secretary, as he or she determines necessary, may conduct, or cause to be conducted, a fiscal and compliance audit of the commission. (Amended by Stats. 1994, Ch. 69, Sec. 31. Effective May 9, 1994.)
  131. 75590.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission may present facts to and negotiate with state, federal, and foreign agencies about matters affecting 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75590. The commission may present facts to, and negotitate with, state, federal, and foreign agencies on matters which affect this chapter. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  132. 75591.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission may make contracts in its own name to receive or provide services and to enter other agreements 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75591. 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 necesary for carrying out this chapter. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  133. 75592.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission may conduct production research and may 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75592. 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. 1990, Ch. 1076, Sec. 2.)
  134. 75593.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission may accept private, state, or federal contributions and may give funds to other persons or state or federal agencies for chapter 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75593. The commission may accept contributions of private, state, or federal funds, and make contributions of funds to other persons or state or federal agencies, for purposes of this chapter. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  135. 75594.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission may promote apple sales through advertising and other promotional means.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75594. The commission may promote the sale of apples by advertising and other promotional means, including cost sharing advertising, for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for apples, and to educate and instruct the public with respect to the uses, healthful properties, and nutritional value of apples. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  136. 75595.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75595. The commission may collect information, and publish and distribute without charge, bulletins and other communications for dissemination of information. (Amended by Stats. 1994, Ch. 69, Sec. 32. Effective May 9, 1994.)
  137. 75595.5.

    ## 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission may set an annual 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75595.5. The commission may establish an annual assessment rate to defray the operating costs of the commission. (Added by Stats. 1994, Ch. 69, Sec. 33. Effective May 9, 1994.)
  138. 75596.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission must adopt an annual budget using accepted practices, and the secretary 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75596. The commission shall adopt an annual budget according to accepted practices. The secretary 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. (Amended by Stats. 1994, Ch. 69, Sec. 34. Effective May 9, 1994.)
  139. 75597.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission must annually prepare and submit a 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75597. The commission shall annually prepare and submit to the secretary, for his or her concurrence, a statement of contemplated activities authorized pursuant to this chapter. (Amended by Stats. 1994, Ch. 69, Sec. 35. Effective May 9, 1994.)
  140. 75598.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission and the secretary must keep certain lists confidential and must not disclose them, unless a court order in a judicial proceeding requires disclosure.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75598. The commission and the secretary shall keep confidential and shall not disclose, except when required by court order in a judicial proceeding, all lists of persons subject to this chapter in their possession. (Amended by Stats. 1994, Ch. 69, Sec. 36. Effective May 9, 1994.)
  141. 75599.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission may investigate and prosecute civil violations of this chapter and 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75599. 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. 1990, Ch. 1076, Sec. 2.)
  142. 75601.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission may recommend standards to the secretary and may carry out other authorized activities. Adopted standards must be implemented by the secretary at the start of the next marketing year, and recommended standards do not become operative until approved by the vote required in Section 75612.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75601. (a) The commission may recommend to the secretary the adoption of maturity and quality standards or product labeling standards, or engage in any other activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21) that are in accordance with the procedures specified in that act, unless otherwise specified in this article. (b) Any standards that are adopted shall be implemented by the secretary at the beginning of the marketing year next succeeding the date on which they were approved by the secretary. (c) Any standards recommended by the commission and approved by the secretary shall not be operative until approved by the vote specified in Section 75612. (d) The commission shall serve as the advisory body to the secretary on all matters pertaining to this section. (Amended by Stats. 2025, Ch. 188, Sec. 16. (AB 1322) Effective January 1, 2026.)
  143. 75602.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission may collect and share certain apple market price information, but it must keep handler identities and reported information confidential and not public. The procedure for collecting and sharing the information must be approved by the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75602. (a) In order to prevent unfair trade practices, which are detrimental to California’s apple industry, including, but not limited to, deception and misinformation, the commission may collect and disseminate to any and all interested persons, handler F.O.B. market price information based on sales that have occurred. (b) The identity of each handler reporting information and the information reported pursuant to this section shall be kept confidential and not made public by the commission under any circumstances. Information that gives industry totals, averages, and other similar data may be disclosed by the commission. (c) The procedure for the collection and dissemination of the information pursuant to this section shall be approved by the secretary. (Added by Stats. 1998, Ch. 399, Sec. 5. Effective January 1, 1999.)
  144. 75603.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. )

    Verify source ↗

    The commission may create an organic apple certification program for domestic organic apple producers/processors and apple importers, but its operating procedures need secretary approval and the commission must reimburse the secretary’s 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [75581 - 75603] ( Heading of Article 4 renumbered from Article 6 by Stats. 1994, Ch. 69, Sec. 28. ) ## 75603. (a) In order to prevent the use of prohibited substances in organic apple production and processing that would undermine consumer confidence in the apples purchased and consumed, the commission may establish an organic apple certification program applicable to persons engaged in domestic organic production or processing of apples and to persons engaged in importing apples to determine whether they are in compliance with state and federal laws. (b) The program’s operating procedures shall be subject to approval by the secretary. (c) The identity of any person determined to be in violation of the program shall be provided to the public, the department, and any other state and federal agency responsible for the administration of laws related to organic products. (d) The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out its duties and responsibilities pursuant to this section. (Added by Stats. 2022, Ch. 224, Sec. 2. (SB 982) Effective January 1, 2023.)
  145. 75611.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. )

    Verify source ↗

    The secretary must create a voter-eligibility list for producers within 90 days, and may require producers, handlers, and agricultural commissioners to provide producer names, addresses, and apple-quantity 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. ) ## 75611. (a) Within 90 days of the effective date of the amendments made to this section during the 1994 portion of the 1993–94 Regular Session of the Legislature, the secretary shall establish a list of producers eligible to vote. In establishing the list, the secretary may require that producers, handlers, and agricultural commissioners submit the names and mailing addresses of all known producers who are subject to this chapter. The secretary also may require that the information provided include the quantity of apples produced by each producer or, in the alternative, may establish procedures for receiving the information at the time of the referendum vote specified in this article. The request for the information shall be in writing, and the requested information shall be filed within 30 days following receipt of the request. (b) Any person whose name does not appear upon the appropriate list may have his or her name placed on the list by filing with the secretary a signed statement identifying himself or herself as a person eligible to vote. The absence of a person’s name from the list shall not exempt the person from paying assessments and shall not invalidate any industry votes conducted pursuant to this article. (c) Proponents and opponents of the commission may contact producers on the lists in a form and manner prescribed by the commission as long as all expenses associated with the contacts are paid in advance. (Amended by Stats. 1994, Ch. 69, Sec. 40. Effective May 9, 1994.)
  146. 75612.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. )

    Verify source ↗

    This chapter cannot take effect until the secretary’s referendum finds enough producer participation and one of the two approval combinations 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. ) ## 75612. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds, in a referendum vote conducted by the secretary, that at least 40 percent of the total number of producers from the list established by the secretary pursuant to this article have participated and that either one of the following has occurred: (a) Sixty-five percent of the eligible producers who voted in the referendum voted in favor of this chapter, and the eligible producers so voting produced and marketed a majority of the total quantity of apples in the current marketing year by all of the eligible producers who voted in the referendum. (b) A majority of the eligible producers who voted in the referendum voted in favor of this chapter, and the eligible producers so voting produced and marketed 65 percent or more of the total quantity of apples in the current marketing year by all of the eligible producers who voted in the referendum. (Amended by Stats. 1994, Ch. 69, Sec. 41. Effective May 9, 1994.)
  147. 75613.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. )

    Verify source ↗

    The secretary must set a referendum period of at least 10 days and no more than 60 days, may add needed 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. ) ## 75613. The secretary shall establish a period to conduct the referendum that shall not be less than 10 days or 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 secretary may extend the period to not more than 60 days. (Amended by Stats. 1994, Ch. 69, Sec. 42. Effective May 9, 1994.)
  148. 75614.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. )

    Verify source ↗

    If an eligible producer does not receive a ballot, that alone does not invalidate the referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. ) ## 75614. The failure of an eligible producer to receive a ballot shall not invalidate a referendum. (Amended by Stats. 1994, Ch. 69, Sec. 43. Effective May 9, 1994.)
  149. 75615.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. )

    Verify source ↗

    If the secretary finds a favorable vote was given, the secretary must certify it and notify everyone whose names and addresses are on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. ) ## 75615. If the secretary finds that a favorable vote has been given as provided in this article, the secretary shall certify and give notice of the favorable vote to all persons whose names and addresses are on file with the secretary. (Amended by Stats. 1994, Ch. 69, Sec. 44. Effective May 9, 1994.)
  150. 75616.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. )

    Verify source ↗

    If a favorable vote is not given, the secretary must certify and declare the chapter inoperative. The secretary may hold another implementation referendum vote one or more years later.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. ) ## 75616. If the secretary finds that a favorable vote has not been given as provided in this article, the secretary shall certify and declare this chapter inoperative. The secretary may conduct another implementation referendum vote one or more years after the previous vote has been taken. (Amended by Stats. 1994, Ch. 69, Sec. 45. Effective May 9, 1994.)
  151. 75617.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. )

    Verify source ↗

    The secretary must organize the initial commission board appointments or district nomination meetings, nominees must file a petition with at least five eligible signatures, and voting is limited to eligible producers with one vote per 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. ) ## 75617. Upon certification of the commission, the secretary shall appoint the producer and handler members of the initial commission’s board of directors from a list of eligible persons submitted to the secretary, or shall contact all eligible producers and handlers in each district by mail, or shall call meetings in each district for the purpose of nominating and electing persons to the commission. To be eligible for election, nominees, who may be producers or handlers, shall present to the secretary a nomination petition with the signatures of at least five eligible persons from the district from which the nominee is seeking election. Eligible persons may be nominated and elected from any district in which they produce or handle apples. Only eligible producers may vote for nominees, and each eligible producer may cast one vote in each district in which he or she produces apples. The volume of apples marketed by eligible producers who vote shall not be considered when tabulating the votes to elect members and alternate members to the commission. (Repealed and added by Stats. 1994, Ch. 69, Sec. 47. Effective May 9, 1994.)
  152. 75618.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. )

    Verify source ↗

    After the first commission election, future commission members must be selected under nomination and election procedures adopted by the commission with the secretary’s concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. ) ## 75618. Subsequent to the first election of members of the commission pursuant to this chapter, persons to be elected to the commission shall be selected pursuant to nomination and election procedures that are adopted by the commission with the concurrence of the secretary. (Amended by Stats. 1994, Ch. 69, Sec. 48. Effective May 9, 1994.)
  153. 75619.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. )

    Verify source ↗

    Before the referendum, the commission’s proponents must deposit with the secretary the amount the secretary decides is needed. After the commission is established, it may reimburse the proponents for certain deposited funds and related legal and other establishment 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [75611 - 75619] ( Heading of Article 5 renumbered from Article 7 by Stats. 1994, Ch. 69, Sec. 39. ) ## 75619. (a) Prior to the secretary holding the referendum pursuant to this article, the proponents of the commission shall deposit with the secretary the amount that the secretary 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 this article shall be returned to the proponents of the commission who deposited the funds with the secretary. (c) Upon the establishment of the commission, the commission may reimburse the proponents of the commission for any funds deposited with the secretary that were used in carrying out this article and for any legal expenses and other costs incurred in establishing the commission. (Amended by Stats. 1994, Ch. 69, Sec. 49. Effective May 9, 1994.)
  154. 75630.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. )

    Verify source ↗

    The commission must set the apple assessment each year, and handlers must deduct it from producer payments and hold the money as trustee until paid to the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. ) ## 75630. (a) The commission shall establish the assessment for the marketing year by July 1 of each year or as soon thereafter as is possible. (b) The assessment shall be one-fourth cent ($0.0025) per pound of apples marketed for fresh consumption during the 1994–95 marketing year. Thereafter, the assessment shall not exceed three-fourth cent ($0.0075) per pound of apples marketed for fresh consumption, except as provided in subdivision (d). (c) Assessments provided for in this section shall be levied on the producer. The handler shall deduct the assessment from amounts paid by him or her to the producer, and is a trustee of the funds until they are paid to the commission at the time and in the manner prescribed by the commission. (d) An assessment greater than the amount provided for in subdivision (b) may not be charged unless a greater fee is approved by a majority of the commission and by eligible producers pursuant to procedures specified in Section 75612. (Added by Stats. 1994, Ch. 69, Sec. 51. Effective May 9, 1994.)
  155. 75631.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. )

    Verify source ↗

    Some apple producers are outside this chapter, and eligible producers can seek a refund of assessments after the marketing season ends.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. ) ## 75631. This chapter shall not apply to producers who produce no more than 40,000 pounds of apples per year and to production on a noncommercial basis for the producer’s home use, or where the trees are used only for ornamental purposes. Producers from whom assessments are collected may apply for the refund of the payments following the close of any marketing season in which the payments have been made, and the commission shall refund the payments if the producer can demonstrate, to the satisfaction of the commission, that he or she is not subject to this chapter. (Amended by Stats. 1994, Ch. 69, Sec. 53. Effective May 9, 1994.)
  156. 75632.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. )

    Verify source ↗

    Handlers must keep accurate records of all apples handled, keep them for two years, and provide them for inspection when the commission or its authorized agent makes a written demand.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. ) ## 75632. Every handler shall keep a complete and accurate record of all apples handled. The records shall be in simple form and contain information as the commission shall prescribe including, but not limited to, market price information and the names and addresses of the producers whose apples were packed or marketed. The records shall be retained by the handler for two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. (Amended by Stats. 1998, Ch. 399, Sec. 6. Effective January 1, 1999.)
  157. 75633.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. )

    Verify source ↗

    The commission and the secretary must keep proprietary information from producers or handlers confidential, unless a court order in a judicial proceeding requires disclosure.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. ) ## 75633. (a) All proprietary information obtained by the commission or the secretary from producers or handlers is confidential and shall not be disclosed except when required by court order in a judicial proceeding. (b) Information on volume shipments, product value, and any other related information that is required for reports to governmental agencies, financial reports to the commission, or aggregate sales and inventory information, and any other information that the commission requires that gives only totals, but excludes producer or handler information, may be disclosed by the commission. (Amended by Stats. 1994, Ch. 69, Sec. 54. Effective May 9, 1994.)
  158. 75634.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. )

    Verify source ↗

    An assessment imposed on a producer under this chapter becomes that producer’s personal debt.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. ) ## 75634. Any assessment which is imposed on the producer as provided for in this chapter is a personal debt of that producer. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  159. 75635.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. )

    Verify source ↗

    Handlers are personally liable for paying assessments to the commission, and a producer’s duty to pay is not removed if the handler fails to collect the assessment.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. ) ## 75635. Every handler is personally liable for the payment of the assessments to the commission. The failure of a handler to collect the assessment shall not exempt the handler from liability and shall not relieve any producer subject to this chapter from the obligation to pay the assessment. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  160. 75636.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. )

    Verify source ↗

    If a producer or handler misses the filing or payment deadline set by the commission, they must pay a 10% penalty and 1.5% monthly interest. The commission may also require a surety bond from a person who fails to pay an assessment or related charge.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. ) ## 75636. Any producer or handler who fails to file a return or pay the 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, pay 1.5 percent interest per month on the unpaid balance. In addition to any other penalty imposed, the commission may require any person who fails to pay any assessment or related charge pursuant to this article to furnish and maintain a surety bond in a form and amount, and for a period of time, specified by the commission, as assurance that all payments to the commission will be made when due. (Amended by Stats. 1994, Ch. 69, Sec. 55. Effective May 9, 1994.)
  161. 75637.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. )

    Verify source ↗

    If a producer or handler is a corporation, its directors and officers are treated as individuals and share the same liability for violations of this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 6. Assessments and Records [75630 - 75637] ( Heading of Article 6 added by Stats. 1994, Ch. 69, Sec. 50. ) ## 75637. If the producer or 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 violating this chapter, including, but not limited to, failing to pay the assessments or to collect the assessments, shall also include identical liability upon each director or officer of the corporation. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  162. 75641.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 7. Actions and Penalties [75641 - 75644] ( Heading of Article 7 renumbered from Article 9 by Stats. 1994, Ch. 69, Sec. 56. )

    Verify source ↗

    A person commits a misdemeanor by refusing or falsifying required commission reports or records, withholding required apple-receipt information, or destroying or altering required records.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 7. Actions and Penalties [75641 - 75644] ( Heading of Article 7 renumbered from Article 9 by Stats. 1994, Ch. 69, Sec. 56. ) ## 75641. It is a misdemeanor 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) Fail or refuse to furnish the commission or its duly authorized agents, information concerning the names and addresses of persons from whom apples have been received and the quantity so received. (d) Secrete, destroy, or alter records required to be kept under this chapter. (Added by Stats. 1990, Ch. 1076, Sec. 2.)
  163. 75642.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 7. Actions and Penalties [75641 - 75644] ( Heading of Article 7 renumbered from Article 9 by Stats. 1994, Ch. 69, Sec. 56. )

    Verify source ↗

    The commission must create procedures for giving aggrieved individuals an informal hearing, and its decisions may be appealed to the secretary and then reviewed by a superior court.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 7. Actions and Penalties [75641 - 75644] ( Heading of Article 7 renumbered from Article 9 by Stats. 1994, Ch. 69, Sec. 56. ) ## 75642. 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 secretary. The determination of the secretary is subject to judicial review upon petition filed with the appropriate superior court. (Amended by Stats. 1994, Ch. 69, Sec. 57. Effective May 9, 1994.)
  164. 75643.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 7. Actions and Penalties [75641 - 75644] ( Heading of Article 7 renumbered from Article 9 by Stats. 1994, Ch. 69, Sec. 56. )

    Verify source ↗

    The commission can sue to collect assessments and penalties and seek injunctions or specific performance; courts must grant certain relief on the required showing, and a successful commission judgment can lead to attorney-fee reimbursement and an order stopping the defendant’s apple-related business until the judgment is satisfied.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 7. Actions and Penalties [75641 - 75644] ( Heading of Article 7 renumbered from Article 9 by Stats. 1994, Ch. 69, Sec. 56. ) ## 75643. (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. 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 that code 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 apples 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. 1990, Ch. 1076, Sec. 2.)
  165. 75643.1.

    ## 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 7. Actions and Penalties [75641 - 75644] ( Heading of Article 7 renumbered from Article 9 by Stats. 1994, Ch. 69, Sec. 56. )

    Verify source ↗

    Actions by the commission to recover penalties or other chapter remedies must be started within two years of the alleged violation, and actions against the commission are tied to a two-year period from the complained-of 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 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 7. Actions and Penalties [75641 - 75644] ( Heading of Article 7 renumbered from Article 9 by Stats. 1994, Ch. 69, Sec. 56. ) ## 75643.1. Any action by the commission to recover any penalty or obtain any other remedy that is prescribed under this chapter shall be commenced within two years from the date of the alleged violation. Any action against the commission by any person shall be commenced by the commission within two years from the date of the act of which the person complains. (Added by Stats. 1994, Ch. 69, Sec. 58. Effective May 9, 1994.)
  166. 75643.2.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 7. Actions and Penalties [75641 - 75644] ( Heading of Article 7 renumbered from Article 9 by Stats. 1994, Ch. 69, Sec. 56. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 7. Actions and Penalties [75641 - 75644] ( Heading of Article 7 renumbered from Article 9 by Stats. 1994, Ch. 69, Sec. 56. ) ## 75643.2. It is not necessary for the commission to allege or prove that an adequate remedy at law does not exist in any action brought under this chapter. (Added by Stats. 1994, Ch. 69, Sec. 59. Effective May 9, 1994.)
  167. 75644.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 7. Actions and Penalties [75641 - 75644] ( Heading of Article 7 renumbered from Article 9 by Stats. 1994, Ch. 69, Sec. 56. )

    Verify source ↗

    Ending or suspending this chapter does not erase rights, duties, obligations, liabilities, violations, or the commission’s remedies tied to the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 7. Actions and Penalties [75641 - 75644] ( Heading of Article 7 renumbered from Article 9 by Stats. 1994, Ch. 69, Sec. 56. ) ## 75644. 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. 1990, Ch. 1076, Sec. 2.)
  168. 75651.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 8. Continuation or Suspension and Termination [75651 - 75656] ( Article 8 added by Stats. 1994, Ch. 69, Sec. 60. )

    Verify source ↗

    The secretary must hold a hearing every five years to decide whether the chapter should continue, and may have to send it to a reapproval referendum if eligible producers raise a substantial question.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 8. Continuation or Suspension and Termination [75651 - 75656] ( Article 8 added by Stats. 1994, Ch. 69, Sec. 60. ) ## 75651. Every five years after the implementation of this chapter, or every fifth year after an industry-petitioned referendum pursuant to Section 75654, the secretary shall hold a hearing to determine whether the operation of this chapter should be continued. If the secretary finds after the hearing that a substantial question exists among eligible producers regarding whether the operation of this chapter should be continued, the secretary shall submit the chapter to a reapproval referendum. If a reapproval referendum is required, the operation of this chapter shall be continued in effect if the secretary finds that a majority of the eligible producers voting in the referendum voted in favor of continuing this chapter. No bond or security shall be required for the referendum. (Amended by Stats. 1998, Ch. 399, Sec. 7. Effective January 1, 1999.)
  169. 75652.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 8. Continuation or Suspension and Termination [75651 - 75656] ( Article 8 added by Stats. 1994, Ch. 69, Sec. 60. )

    Verify source ↗

    The secretary must hold a hearing and certify whether the chapter should continue or be suspended, depending on the referendum result.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 8. Continuation or Suspension and Termination [75651 - 75656] ( Article 8 added by Stats. 1994, Ch. 69, Sec. 60. ) ## 75652. If the secretary finds after conducting a hearing that no substantial question exists regarding whether the operation of this chapter should be continued or that a favorable vote has been given in a referendum, the secretary shall so certify and this chapter shall remain operative. If the secretary finds that a favorable vote has not been given, he or she shall so certify and declare the operation of this chapter and the commission suspended upon the expiration of the then current marketing year. Thereupon, the operations of the commission shall be concluded and the funds distributed in the manner provided in Section 75655. (Amended by Stats. 1998, Ch. 399, Sec. 8. Effective January 1, 1999.)
  170. 75653.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 8. Continuation or Suspension and Termination [75651 - 75656] ( Article 8 added by Stats. 1994, Ch. 69, Sec. 60. )

    Verify source ↗

    This section lets the commission recommend suspension of the chapter, and lets the secretary run a referendum process and suspend the chapter if the voting and participation thresholds are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 8. Continuation or Suspension and Termination [75651 - 75656] ( Article 8 added by Stats. 1994, Ch. 69, Sec. 60. ) ## 75653. (a) Upon a finding by a two-thirds vote of the membership of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the operation of this chapter be suspended. However, any suspension shall not become effective until the expiration of the current marketing year. (b) The secretary shall, upon receipt of the recommendation, or may, after a public hearing to review a petition filed with the secretary requesting a suspension signed by not less than 20 percent of the eligible producers by number who produced not less than 20 percent of the total volume of apples in the immediately preceding marketing year, hold a referendum to determine if the operations of the commission shall be suspended. However, the secretary shall not hold a referendum as a result of the petition unless the petitioner shows, by a preponderance of evidence, in a manner prescribed by the secretary, that the operation of this chapter has not tended to effectuate its declared purposes. (c) The secretary shall establish a referendum period, which shall not be less than 10 days or more than 60 days in duration. The secretary may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. The secretary shall suspend the operation of this chapter if the secretary finds that at least 40 percent of the total number of persons from the list established by the secretary have participated in the referendum and that either one of the following has occurred: (1) Sixty-five percent or more of the eligible producers who voted in the referendum voted in favor of suspension, and the eligible producers so voting produced and marketed a majority of the total quantity of apples in the preceding marketing year by all of the eligible producers who voted in the referendum. (2) A majority of the eligible producers who voted in the referendum voted in favor of suspension, and the eligible producers so voting produced and marketed 65 percent or more of the total quantity of apples in the preceding marketing year by all of the eligible producers who voted in the referendum. (Added by Stats. 1994, Ch. 69, Sec. 60. Effective May 9, 1994.)
  171. 75654.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 8. Continuation or Suspension and Termination [75651 - 75656] ( Article 8 added by Stats. 1994, Ch. 69, Sec. 60. )

    Verify source ↗

    The secretary must end the commission at the end of the current marketing year if enough eligible producers request termination in writing within 90 days.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 8. Continuation or Suspension and Termination [75651 - 75656] ( Article 8 added by Stats. 1994, Ch. 69, Sec. 60. ) ## 75654. (a) The secretary shall terminate the commission at the end of the then current marketing year if the secretary finds that the termination of the commission is requested in writing, within a 90-day period, by at least 51 percent of the eligible producers that produce and market at least 51 percent of the total volume of apples. (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 on the petition requesting the termination need not all be appended to one sheet of paper. Each person signing the petition shall specify his or her place of business in a manner that will enable the location to be readily ascertained. (d) The petition shall bear a copy of the notice of intention to terminate the commission. Signatures shall be secured within the time limit specified in this section. (Added by Stats. 1994, Ch. 69, Sec. 60. Effective May 9, 1994.)
  172. 75655.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 8. Continuation or Suspension and Termination [75651 - 75656] ( Article 8 added by Stats. 1994, Ch. 69, Sec. 60. )

    Verify source ↗

    After suspension, the commission must wind up its operations and distribute remaining funds according to the rule set out here.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 8. Continuation or Suspension and Termination [75651 - 75656] ( Article 8 added by Stats. 1994, Ch. 69, Sec. 60. ) ## 75655. After the effective date of the suspension, the operation 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 operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding marketing year. 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 remaining, after the payment of all expenses of winding up and terminating operations, shall be withdrawn from the approved depository and paid into an appropriate program conducted by the University of California or the California State University, or another state agency that 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. 1994, Ch. 69, Sec. 60. Effective May 9, 1994.)
  173. 75656.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 8. Continuation or Suspension and Termination [75651 - 75656] ( Article 8 added by Stats. 1994, Ch. 69, Sec. 60. )

    Verify source ↗

    If this chapter is suspended, the commission must mail the notice of suspension to all producers and handlers on file with it.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 13.5. California Apple Commission [75501 - 75656] ( Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2. ) ## ARTICLE 8. Continuation or Suspension and Termination [75651 - 75656] ( Article 8 added by Stats. 1994, Ch. 69, Sec. 60. ) ## 75656. Upon suspension of this chapter, the commission shall mail a copy of the notice of suspension to all producers and handlers whose names and addresses are on file with the commission. (Added by Stats. 1994, Ch. 69, Sec. 60. Effective May 9, 1994.)
  174. 7571.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not move seed screenings or cleanings from crop seed unless they have first been inspected by the commissioner and found pest-free, or processed under the commissioner’s supervision so pest seed cannot reproduce.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 7571. Except as otherwise provided in Section 7572, it is unlawful for any person to move any seed screenings or cleanings from crop seed from the place where they may be unless one of the following first has been done: (a) The seed screenings or cleanings have been inspected by the commissioner and found to be free from the seed of any pest. (b) The seed screenings or cleanings have been processed under the supervision of, and to the satisfaction of, the commissioner by grinding, or otherwise, to render the seed of any pest incapable of reproduction. (Enacted by Stats. 1967, Ch. 15.)
  175. 7572.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner may allow seed screenings or cleanings to be moved if the movement is for destruction or processing.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 7572. The commissioner may permit the movement of seed screenings or cleanings for the purpose of destruction or processing. (Enacted by Stats. 1967, Ch. 15.)
  176. 7573.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the commissioner finds pest seed in crop-seed screenings or cleanings, the commissioner must give written notice to the person holding them and order them to be processed or destroyed within 60 days.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 7573. If, upon inspection by the commissioner, any seed screenings or cleanings from crop seed are found to contain the seed of any pest, the commissioner shall give notice in writing of such fact to the person in possession of the screenings or cleanings. The notice shall order that the screenings or cleanings be processed or destroyed, as provided in this article, within 60 days. (Enacted by Stats. 1967, Ch. 15.)
  177. 7574.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a person notified by the commissioner is not the owner of the screenings or cleanings, that person must promptly notify the owner and then have the screenings or cleanings processed or destroyed as the owner directs.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 7574. If the person that is notified by the commissioner is not the owner of the screenings or cleanings, the person so notified shall forthwith transmit the notice to the owner. He shall cause the screenings or cleanings to be processed or destroyed, as directed by the owner, pursuant to the provisions of this article. (Enacted by Stats. 1967, Ch. 15.)
  178. 7575.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the owner does not direct what happens to the screenings or cleanings within 10 days after notice is sent, the person holding them may either process them and return their value minus handling costs, or destroy them.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 7575. If the owner fails or neglects to direct the disposition of the screenings or cleanings within 10 days after the notice has been transmitted to him, the person in possession of the screenings or cleanings, at his option, may do one of the following: (a) Cause the screenings or cleanings to be processed and return to the owner the value of the screenings or cleanings less the cost of handling. (b) Destroy the screenings or cleanings. He is not liable to the owner for the destruction of such screenings or cleanings. (Enacted by Stats. 1967, Ch. 15.)
  179. 7576.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A lot of seed screenings or cleanings from crop seed that contains pest seed is a public nuisance, and it may be seized if it is not disposed of under this article.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 7576. Any lot of seed screenings or cleanings from crop seed which contains the seed of any pest, together with its containers, is a public nuisance. If such lot is not disposed of pursuant to this article, it is subject to seizure on complaint of the director or the commissioner to a court of competent jurisdiction. (Enacted by Stats. 1967, Ch. 15.)
  180. 7577.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The county district attorney must bring a civil action to stop and remove the nuisance when requested by the director or commissioner.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 7577. The district attorney of the county in which the nuisance is found, at the request of the director or the commissioner, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent such nuisance. (Amended by Stats. 1967, Ch. 26.)
  181. 7578.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After judgment, the court may order a nuisance lot to be destroyed, processed so the seed cannot reproduce, or released subject to conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4. WEEDS AND PEST SEEDS [7201 - 7603] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pest Seeds [7501 - 7603] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 7578. Upon judgment and by order of the court, the lot which is a nuisance shall be handled in one of the following ways: (a) Condemned and destroyed in the manner directed by the court. (b) Denatured or otherwise processed to render the seed of any pest incapable of reproduction. (c) Released upon such conditions as the court may impose to insure that the nuisance will be abated. (Amended by Stats. 1967, Ch. 25.)
  182. 7579.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the owner does not comply with the court’s order in time, the court may order disposal or sale.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 7579. If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order disposal, or sale, under such terms and conditions as the court may prescribe, by the director or the commissioner, or by the sheriff or marshal. (Amended by Stats. 1996, Ch. 872, Sec. 28. Effective January 1, 1997.)
  183. 7580.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a court orders sale of salvageable seed screenings, cleanings, or containers, disposal costs must be deducted from the sale proceeds and the remaining money paid into court for the owner.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 7580. If the court orders the sale of any of the seed screenings or cleanings from crop seed, or containers, which can be salvaged, the cost of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner. (Enacted by Stats. 1967, Ch. 15.)
  184. 7581.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A proceeding under this article is a limited civil case if the property seized is worth $35,000 or less.

    ## 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 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 7581. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. (Amended by Stats. 2023, Ch. 861, Sec. 9. (SB 71) Effective January 1, 2024.)
  185. 76001.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76001 - 76006] ( Article 1 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The section states that cherry producers’ inability to maintain or expand markets for California cherries may cause unnecessary economic waste.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76001 - 76006] ( Article 1 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76001. The inability of cherry producers to maintain or expand present markets for California cherries may result in unnecessary economic waste. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  186. 76002.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76001 - 76006] ( Article 1 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    This section says the conditions affect public health, peace, safety, and welfare, and that protecting California cherries’ reputation in intrastate, interstate, and foreign markets is in the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76001 - 76006] ( Article 1 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76002. These conditions vitally concern the health, peace, safety, and general welfare of the people of this state. It is, therefore, in the public interest to protect and enhance the reputation of California cherries in intrastate, interstate, and foreign markets. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  187. 76003.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76001 - 76006] ( Article 1 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The chapter’s authorized promotional, educational, economic, and marketing research activities are intended to expand markets for California cherries, create new markets, and prevent economic waste.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76001 - 76006] ( Article 1 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76003. The promotional, educational, economic, and marketing research, and any similar activities authorized by this chapter will serve to expand existing markets, create new markets for California cherries, and prevent economic waste. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  188. 76004.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76001 - 76006] ( Article 1 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    This section states California’s policy to reduce waste in cherry marketing, improve marketing methods, and support production research.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76001 - 76006] ( Article 1 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76004. It is hereby declared to be the policy of this state to aid in preventing economic waste in the marketing of cherries, to develop more efficient and equitable methods in marketing, and to provide production research, and to carry out the purposes and policies of this chapter. (Amended by Stats. 1985, Ch. 1004, Sec. 31. Effective September 26, 1985.)
  189. 76005.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76001 - 76006] ( Article 1 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76001 - 76006] ( Article 1 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76005. A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and production research. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  190. 76006.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76001 - 76006] ( Article 1 added by Stats. 1984, Ch. 1176, 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 restraint-of-trade laws.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76001 - 76006] ( Article 1 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76006. No action taken by the commission, nor by any individual in accordance with this chapter or with the rules and regulations adopted under the chapter, is a violation of the so-called Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Fair Trade Act (Chapter 3 (commencing with Section 16900) of that Part 2), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of that Part 2), or any statutory or common law against monopolies or combinations in restraint of trade. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  191. 7601.

    ## 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 4. Crop Seed Cleaning Business [7601 - 7603] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Before engaging for hire in crop seed cleaning, a person must get a permit from the commissioner for each separate portable seed cleaner used for the first time in the county.

    ## 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 4. Crop Seed Cleaning Business [7601 - 7603] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 7601. Every person, before engaging for hire in the business of cleaning crop seed, shall obtain a permit from the commissioner to operate each separate portable seed cleaner which is being used for the first time in the county. (Enacted by Stats. 1967, Ch. 15.)
  192. 7602.

    ## 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 4. Crop Seed Cleaning Business [7601 - 7603] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner may inspect a permittee’s cleaner if the owner applies for the permit or if the commissioner thinks it is needed to determine whether the cleaner is free of pest seed.

    ## 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 4. Crop Seed Cleaning Business [7601 - 7603] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 7602. Upon application by the owner for such permit or if the commissioner deems it necessary to determine that the cleaner is free from the seed of any pest, the commissioner may cause an inspection to be made of the cleaner of each permittee. (Amended by Stats. 1967, Ch. 25.)
  193. 76021.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76021. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  194. 76022.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    “Cherry” is defined to include any variety of cherry produced in the state, including cherries delivered to a processor for processing into cherry 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76022. “Cherry” means any variety of cherry produced in the state, including any cherries produced in this state and delivered to a processor for processing into any cherry product. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  195. 76023.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76023. “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to the provisions of this chapter. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  196. 76024.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    This section defines “Commission” as the California Cherry 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76024. “Commission” means the California Cherry Commission. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  197. 76025.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76025. “Commissioner” means any member of the commission. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  198. 76026.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    This section defines “grower-handler” and says that, if the grower-handler is a corporation, its directors and officers are included and may share liability for certain assessment-related failures.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76026. “Grower-handler” means any person who engages in the operation of selling, marketing, or distributing cherries which he or she has produced. When the grower-handler is a corporation, all the directors and officers of the corporation in their capacity as individuals are included, and any liability for failure to collect or make payment of assessments to which a corporate grower-handler may be subject pursuant to this chapter includes the same liability for each individual director or officer of the corporation. (Amended by Stats. 1985, Ch. 1004, Sec. 32. Effective September 26, 1985.)
  199. 76027.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    This section defines “shipper” for cherry commission rules, including certain corporate directors and officers, and excludes retailers except in a specific case.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76027. “Shipper” means any person who engages in the operation of selling, marketing, handling, or distributing cherries which he or she has purchased or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. When the shipper is a corporation, all the directors and officers of the corporation in their capacity as individuals are included, and any liability for failure to collect or make payment of assessments to which a corporate shipper may be subject pursuant to this chapter includes the same liability for each individual director or officer of the corporation. “Shipper” does not include a retailer, except a retailer who purchases or acquires from, or handles on behalf of any producer, cherries which were not previously subject to regulation by the commission. (Amended by Stats. 1985, Ch. 1004, Sec. 33. Effective September 26, 1985.)
  200. 76028.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 2. Definitions [76021 - 76034] ( Article 2 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76028. “Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

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