Food and Agricultural Code — Part 39 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 39 of 48 · provisions 7,601–7,800

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

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Agricultural commissions Agricultural marketing Agricultural product transport Appointments Bee management Board membership terms California Forest Products Commission California cherries Carcasses and hides Claims processing Consumer definition Corporate governance County agricultural administration Dairy products Deadlines Definitions Distribution to peddlers District funds and assessments Documentation EBT acceptance systems Egg products Eggs and egg products Enforcement Fees +7,276 more

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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. 76029.

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

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    This section defines “processor” for cherries under the California Cherry Commission law.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 76029. “Processor” means every person and every plant within this state to whom or to which cherries are delivered for the purpose of drying, dehydrating, canning, pressing, brining, crushing, extracting, cooking, quick freezing, or for use in producing or manufacturing a product or manufactured article. When the processor 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 processor 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. 34. Effective September 26, 1985.)
  2. 7603.

    ## 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. )

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    A permit may be suspended or revoked if the permittee fails to comply with the division or related regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4. WEEDS AND PEST SEEDS [7201 - 7603] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 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. ) ## 7603. The permit may be suspended or revoked by the commissioner at any time the permittee does not comply with any of the provisions of this division, or any regulations which are adopted pursuant to this division by the director relative to preventing the dissemination of the seed of any noxious weed pest. (Enacted by Stats. 1967, Ch. 15.)
  3. 76030.

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

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    This section defines “marketing research” as research relating to the marketing of cherries.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 76030. “Marketing research” means any research relating to the marketing of cherries. (Amended by Stats. 1985, Ch. 1004, Sec. 35. Effective September 26, 1985.)
  4. 76031.

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

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    This section defines “marketing season” or “fiscal year” as April 1 through March 31 of the next year.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 76031. “Marketing season” or “fiscal year” means the period beginning on April 1 of any year and extending through March 31 of the next year. (Amended by Stats. 1985, Ch. 1004, Sec. 36. Effective September 26, 1985.)
  5. 76032.

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

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    In this section, “process” means to engage in the business of a processor.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 76032. “Process” means to engage in the business of a processor. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  6. 76033.

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

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    This section defines “producer” or “grower” for cherry commission purposes and says the seller keeps the voting right when a cherry crop is sold on the tree.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 76033. “Producer” or “grower” means any person who is engaged within this state in the business of producing or causing to be produced on land totaling more than one acre, either for fresh market or for processing, cherries of any variety, and who upon request, provides proof of commodity sale. For purposes of voting, “producer” or “grower” does not include a person who purchases a cherry crop on the tree, and the right to vote remains with the person selling the cherry crop on the tree to the purchaser. (Amended by Stats. 1985, Ch. 1004, Sec. 37. Effective September 26, 1985.)
  7. 76034.

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

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    This section defines “production research” as research about cherry production, harvest, and postharvest handling, but not marketing research.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 76034. “Production research” means any research related to the production, harvest, and postharvest handling of cherries, other than marketing research. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  8. 76051.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76051. (a) There is in state government the California Cherry Commission. The commission is composed of eight cherry producers or grower-handlers who are not shippers, two cherry shippers, and one public member. Producers and grower-handlers within the respective districts shall elect two producers or grower-handlers from District 1, one producer or grower-handler from District 2, three producers or grower-handlers from District 3, one producer or grower-handler from District 4, and one producer or grower-handler from District 5. (b) Cherry shippers shall elect two shipper members. (c) The public member shall be appointed to the commission by the director from nominees recommended by the commission. (d) The director and other appropriate individuals as determined by the commission shall be ex officio members of the commission. (Amended by Stats. 1985, Ch. 1004, Sec. 38. Effective September 26, 1985.)
  9. 76052.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

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    This section defines five district areas for the California Cherry Commission and allows district boundaries to be changed by a two-thirds commission vote 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76052. (a) The districts consist of the following: (1) District 1 is all that area in San Joaquin County east of Jack Tone Road or any extension of that road. (2) District 2 is all that area in San Joaquin County north of Live Oak Road and west of Jack Tone Road or any extension of that road. (3) District 3 is all that area in San Joaquin County not included in Districts 1 and 2, and all of Stanislaus County. (4) District 4 is all of San Benito and Santa Clara Counties. (5) District 5 is all other counties. (b) The boundaries of any district may be changed by a two-thirds vote of the commission, which is concurred in by the director, to insure proper representation by producers. The boundaries need not coincide with county lines. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  10. 76053.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

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    When the director must concur in a commission decision, the director must respond to the commission within 15 working days after receiving it. The response may ask for additional 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76053. When the director is required to concur in a decision of the commission, he or she shall indicate his or her response to the commission within 15 working days after receiving the decision. The response may be a request that additional information be provided. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  11. 76054.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

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    The director may order the commission to stop or fix activities that are not in the public interest or violate the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76054. (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 any corrections required by the director, the director may, upon written notice, suspend all or a portion of the activities or functions of the commission until the commission complies with the director. (c) Actions of the commission in violation of the written notice are without legal force or effect. The director, to the extent feasible, shall issue the written notice prior to the commission entering into any contractual relationship affecting the existing or proposed activities or functions which are the subject of the written notice. (d) Upon service of the written notice, the director shall notify the commission in writing of the specific acts which he or she determines are not in the public interest or are in violation of this chapter, and the reasons for requiring a cessation or correction of specific existing or proposed activities or functions. The director may make recommendations that will make the activities or functions acceptable. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  12. 76055.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

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    The commission or the director may go to court for judicial relief over the director’s written notice or the commission’s noncompliance with it.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76055. The commission or the director may bring an action for judicial relief from the director’s written notice, or from noncompliance by the commission with the written notice, as the case may be, in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or other applicable relief. (Amended by Stats. 1985, Ch. 1004, Sec. 39. Effective September 26, 1985.)
  13. 76056.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76056. 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 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. 1984, Ch. 1176, Sec. 1.)
  14. 76057.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

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    Commission members (other than ex officio members) must have an alternate member elected. The alternate serves when the member is absent and acts as a member if the seat becomes vacant until a successor is elected and qualified.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76057. Each member of the commission, except the ex officio members, shall have an alternate member to be elected in the same manner as the member. An alternative member shall, in the absence of the member for whom he or she is an alternate, serve in place of the member on the commission, and shall have and be able to exercise all the rights, privileges, and powers of the member when serving on the commission. In the event of death, removal, resignation, or the disqualification of a member, the alternate shall act as a member of the commission until a successor is elected and has qualified. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  15. 76058.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

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    If a commission seat becomes vacant, the commission fills it by majority vote, and the replacement must meet the article’s qualifications.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76058. Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate member to continue in his or her position due to a change in status making that member ineligible to serve, or due to death, removal or resignation, shall be filled, for the unexpired portion of the term, by a majority vote of the commission. However, the person chosen shall fulfill all the qualifications set forth in this article as required for the member whose office he or she is to fill. Qualifications of any person to fill a vacancy on the commission shall be certified in writing to the director. The director shall notify the commission if he or she determines that the person is not qualified. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  16. 76059.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    Commission producer, grower-handler, and shipper members must meet specified qualification rules and keep those qualifications for their full term.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76059. (a) Any producer member, grower-handler member, or the member’s alternate on the commission shall be an individual or an employee representing a producer who has a financial interest in producing, or causing to be produced, cherries for market or processing. The qualifications of a producer member, grower-handler member, and an alternate producer or grower-handler member shall be maintained during the entire term of office. (b) Any shipper member or his or her alternate shall be an individual or an employee representing a shipper who has a financial interest in handling cherries for market or processing. The qualifications of a shipper member and an alternate shipper member shall be maintained during the entire term of office. (c) Not more than one producer member, grower-handler member, or shipper member shall be a person employed by, or connected in a proprietary capacity with, the same corporation, firm, partnership, association, or business organization. (Amended by Stats. 1985, Ch. 1004, Sec. 40. Effective September 26, 1985.)
  17. 76060.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The public member, or the alternate, has the same powers, rights, and privileges as any other commission member. The public member may not have a financial interest in the cherry 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76060. The public member or his or her alternate on the commission, shall have all the powers, rights, and privileges of any other member on the commission. The public member shall not have any financial interest in the cherry industry. (Amended by Stats. 1985, Ch. 1004, Sec. 41. Effective September 26, 1985.)
  18. 76061.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    Commission members generally serve two-year terms, with special first-term staggering and limits on 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76061. The term of office of all members of the commission, except any ex officio member, shall be two years from the date of their election and until their successors are qualified. However, of the first members of the commission, one-half of the producers or grower-handlers and shippers shall serve for one year, and one-half of the producers or grower-handlers and shippers shall serve for two years, with the determination of term of each such member to be made by lot at the time of election. Terms of office of each commissioner shall be limited to four consecutive terms, except that any member selected for a one-year term may serve not more than five consecutive terms. (Amended by Stats. 1985, Ch. 1004, Sec. 42. Effective September 26, 1985.)
  19. 76062.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission is created as a corporate body and may sue and be sued, contract, and adopt a corporate seal.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76062. The commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be sued, to contract and be contracted with, and to have and possess all of the powers of a corporation. It may adopt a corporate seal. Copies of its proceedings, records, and acts, when authenticated, shall be admissable in evidence in all courts of the state, and shall be prima facie evidence of the truth of all statements therein. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  20. 76063.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission has a quorum when six voting commissioners 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76063. A quorum of the commission shall be any six voting commissioners. Except for Sections 76052 and 76182, the vote of the majority of members present at a meeting at which there is a quorum shall constitute the act of the commission. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  21. 76064.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The director or the director’s representative must be notified of commission meetings and may attend them, including 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76064. The director or his or her representative shall be notified and may attend meetings of the commission, including committee meetings. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  22. 76065.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    Commission members and certain committee members may not receive a salary, but they may receive 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76065. No member of the commission or member of a committee established by the commission shall receive a salary. Each member of the commission, except ex officio government members, and each member of a committee established by the commission who is a nonmember of the commission may receive a sum of not to exceed one hundred dollars ($100) per day, as established by the commission, for each day spent in actual attendance at, or in traveling to and from, meetings of the commission or committees of the commission, or on special assignment for the commission, as approved by the commission, together with the necessary traveling expenses and meal allowances, as approved by the commission. (Amended by Stats. 1985, Ch. 1004, Sec. 43. Effective September 26, 1985.)
  23. 76066.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    Money received from chapter assessments or by the commission must be deposited in a bank the commission designates and disbursed only by commission order. Any designated disbursement agent must be bonded by a fidelity bond of at least $25,000.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76066. All money received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited in any bank that the commission may designate and shall be disbursed by order of the commission through any agent or agents that it may designate for that purpose. Any such agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business as such in the state in favor of the commission, in the amount of not less than twenty-five thousand dollars ($25,000). (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  24. 76067.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The state is not liable for the commission’s acts or contracts, and commission members, alternate members, employees, and agents are generally not personally liable for commission contracts or ordinary errors and omissions, 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 3. The California Cherry Commission [76051 - 76067] ( Article 3 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76067. (a) The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the commission shall be limited to the funds collected by the commission. (b) No member of the commission or alternate member, or any employee or agent therefor, shall be personally liable on the contracts of the commission; be responsible individually in any way to any producer, processor, shipper, or grower-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; or be held responsible individually for any act or omission of any member of the commission. Liability shall be several and not joint, and no member of the commission shall be liable for the default of any other member of the commission. (Amended by Stats. 1985, Ch. 1004, Sec. 44. Effective September 26, 1985.)
  25. 76081.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76081. The powers and duties of the commission include, but are not limited to, all of the powers and duties enumerated in this article. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  26. 76082.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may adopt and change bylaws, rules, regulations, operating procedures, and orders needed to carry out this chapter, including appeal rules.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76082. The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, operating procedures, and orders for carrying out the provisions of this chapter, including rules for appeals from any bylaw, rule, regulation, operating procedure, or order of the commission. (Amended by Stats. 1985, Ch. 1004, Sec. 45. Effective September 26, 1985.)
  27. 76083.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may administer and enforce this chapter and may enter service contracts when it decides they are necessary to carry out the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76083. The commission may administer and enforce this chapter, and do and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably necessary for, proper or advisable effectuation of the purposes of this chapter. The commission may, in this connection, enter into contracts for services with public and private agencies as the commission determines is necessary to carry out this chapter. (Amended by Stats. 1985, Ch. 1004, Sec. 46. Effective September 26, 1985.)
  28. 76084.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may appoint its own officers, including a chairman, one or more vice chairmen, 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76084. The commission may appoint its own officers, including a chairman, one or more vice chairmen, and any other officers that it deems necessary. The officers shall have the powers and duties delegated to them by the commission. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  29. 76085.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may hire staff and outside support for its work, and the director may order action or remove a person if conduct is improper and 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76085. 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, that are necessary to carry out the provisions of this chapter. The commission may retain a management firm or the staff from any board, commission, or committee of the state to perform the functions prescribed by this section under the control of the commission. If the person engages in any conduct which the director determines is not in the public interest or which is in violation of this chapter, the director shall notify the commission of the conduct and request that corrective and, if appropriate, disciplinary action be taken by the commission. (b) In the event that the commission fails or refuses to correct the situation or to take disciplinary action satisfactory to the director, the director may suspend or discharge the person. (Amended by Stats. 1985, Ch. 1004, Sec. 47. Effective September 26, 1985.)
  30. 76086.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may set compensation for all of its employees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76086. The commission may fix the compensation for all employees of the commission. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  31. 76087.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may appoint committees, including committees with both members and nonmembers, to advise it in carrying out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76087. The commission may appoint committees composed of both members and nonmembers of the commission, such as a processor or shipper advisory committee, to advise the commission in carrying out the provisions of this chapter. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  32. 76088.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may set up offices, spend money, make contracts, create liabilities, and borrow funds in advance of assessments when it считает 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76088. The commission may establish offices, incur expenses, enter into contracts and agreements, create liabilities, and borrow funds in advance of receipt of assessments 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. (Amended by Stats. 1985, Ch. 1004, Sec. 48. Effective September 26, 1985.)
  33. 76089.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission must keep accurate books and records, have them audited annually, and include an audit summary in an annual report. The director may also order or conduct a fiscal and compliance audit if needed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76089. (a) The commission shall keep accurate books, records, and accounts of all its dealings, which shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of the director. (b) A summary of the audit shall be made a part of an annual report to all producers of cherries, copies of which shall also be submitted to the Legislature and the department. In addition, the director may, as determined necessary, conduct or cause to be conducted a fiscal and compliance audit of the commission. (Amended by Stats. 1985, Ch. 1004, Sec. 49. Effective September 26, 1985.)
  34. 76090.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may promote cherry sales through advertising and other promotional methods, and may also educate the public about cherries.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76090. The commission may promote the sale of cherries 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 cherries, and also may educate and instruct the public with respect to the uses, healthful properties, and nutritional value of cherries. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  35. 76091.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may educate and instruct the wholesale and retail trade about handling and selling cherries, conduct market surveys and analyses, and present facts to and negotiate with government agencies on 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76091. The commission may educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling cherries; make market surveys and analyses; present facts to, and negotiate with, state, federal, and foreign agencies on matters which affect the provisions of this chapter. (Amended by Stats. 1985, Ch. 1004, Sec. 50. Effective September 26, 1985.)
  36. 76092.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may enter contracts and agreements it considers necessary to carry out the chapter’s purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76092. The commission may make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts or agreements that the commission may deem necessary for carrying out the purposes of this chapter. (Amended by Stats. 1985, Ch. 1004, Sec. 51. Effective September 26, 1985.)
  37. 76093.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may conduct scientific research, work with others to do so, and use or combine public and private funds for that 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76093. The commission may conduct and contract with others to conduct scientific research, including the study, analysis, dissemination, and accumulation of information obtained from research or elsewhere, regarding this chapter. In connection with the research, the commission may accept contributions of, or match, private, state, or federal funds that may be available for its purposes, and employ or make contributions of funds to other persons or state or federal agencies conducting the research. (Amended by Stats. 1985, Ch. 1004, Sec. 52. Effective September 26, 1985.)
  38. 76094.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may publish and distribute a free bulletin or other communication with information for producers, shippers, grower-handlers, and processors.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76094. The commission may publish and distribute, without charge, a bulletin or other communication for dissemination of information to producers, shippers, grower-handlers, and processors. (Amended by Stats. 1985, Ch. 1004, Sec. 53. Effective September 26, 1985.)
  39. 76095.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76095. The commission may establish an assessment rate to defray operating costs of the commission. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  40. 76096.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may adopt an annual budget using accepted accounting practices, and the director must concur before funds are disbursed, except for disbursements under Section 76086.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76096. The commission may establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the director prior to disbursement of funds, except for disbursements made pursuant to Section 76086. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  41. 76097.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76097. The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized under this chapter. (Amended by Stats. 1985, Ch. 1004, Sec. 54. Effective September 26, 1985.)
  42. 76098.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may manage a governmental program for cherry industry grades and standards when requested by specified agents.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76098. The commission may manage, if requested by an advisory board, a board of directors, or any other authorized agent, any governmental program establishing grades and standards for the cherry industry. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  43. 76099.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76081 - 76099] ( Article 4 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76099. 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. 1984, Ch. 1176, Sec. 1.)
  44. 76111.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The director must create a list of eligible producers after a request, and producers can ask to be added if they file a signed statement. Not being on the list does not excuse a producer from paying assessments.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76111. (a) Within 90 days after a request by the proponents of the commission, or as soon thereafter as possible, the director shall establish a list of producers eligible to vote on implementation of this chapter. In establishing the list, the director may require that processors, shippers, county agricultural commissioners, cherry producers and others, submit the names and mailing addresses of all producers. The director may also require that the information provided include the quantity of cherries marketed by producers and their district members or, in the alternative, may establish procedures for receiving the information at the time of the vote specified in Section 76112. The request for the information shall be in writing. The information shall be filed within 30 days following receipt of the written notice. (b) Any producer whose name does not appear upon the director’s list may have his or her name established on the list by filing with the director a signed statement, identifying himself or herself as a producer. Failure to be on the list does not exempt the producer from paying assessments. (Amended by Stats. 1985, Ch. 1004, Sec. 55. Effective September 26, 1985.)
  45. 76112.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    This chapter does not become operative until the director’s referendum conditions are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76112. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the director finds, in a referendum conducted by the director, that at least 40 percent of the total number of producers from the list established by the director pursuant to this article participated and that either of the following occurred. (a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of the provisions of this chapter, and the producers so voting marketed a majority of the total quantity of cherries in the preceding season by all of the producers who voted in the referendum. (b) A majority of the producers who voted in the referendum voted in favor of the provisions of this chapter, and the producers so voting marketed 65 percent or more of the total quantity of cherries in the preceding season by all of the producers who voted in the referendum. (Amended by Stats. 1985, Ch. 1004, Sec. 56. Effective September 26, 1985.)
  46. 76113.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The director must set a referendum period between 10 and 60 days and may add necessary procedures.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76113. (a) The director shall establish a period in which to conduct the referendum which shall not be less than 10 days nor more than 60 days in duration, and may prescribe additional procedures as may be necessary to conduct the referendum. (b) 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. 1984, Ch. 1176, Sec. 1.)
  47. 76114.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    Not receiving a ballot does not invalidate a referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76114. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  48. 76115.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    If the director finds a favorable vote under this article, the director must certify that the chapter is operative and notify producers on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76115. If the director finds that a favorable vote has been given as provided in this article, he or she shall certify and declare this chapter operative and give notice of the favorable vote to all producers whose names and addresses are on file with the director. (Amended by Stats. 1985, Ch. 1004, Sec. 57. Effective September 26, 1985.)
  49. 76116.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    If a favorable vote is not given, the director must certify that this chapter is not operative, and the director may hold another implementation referendum at least one year 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76116. If the director finds that a favorable vote has not been given as provided in this article, he or she shall so certify and declare that this chapter is not operative. The director may conduct another implementation referendum vote one year or more after the previous vote has been taken. (Amended by Stats. 1985, Ch. 1004, Sec. 58. Effective September 26, 1985.)
  50. 76117.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    After the commission is certified, the director must contact producers, grower-handlers, and shippers or call meetings to help nominate and elect commission appointees, and must give written notice of any meeting at least 15 days in advance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76117. Upon certification of the commission, the director shall contact, by mail, every producer and grower-handler in each district and every shipper or shall call meetings of producers and grower-handlers in each district for the purpose of nominating and electing persons for appointment to the commission . All producers, grower-handlers, and shippers on the director’s list shall be given written notice of any meeting at least 15 days prior to the meeting date. (Amended by Stats. 1985, Ch. 1004, Sec. 59. Effective September 26, 1985.)
  51. 76118.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    Nominees for the commission must submit a nomination petition to the director with at least six eligible signatures from the district.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76118. To be eligible for election to the commission, producer, grower-handler, and shipper nominees must present to the director a nomination petition with signatures of at least six eligible producers, grower-handlers, or shippers from the district from which the nominee is seeking election. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  52. 76119.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    After the first commission election, later commission members must be selected under 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76119. 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 the nomination and election procedures established by the commission with the concurrence of the director. (Amended by Stats. 1985, Ch. 1004, Sec. 60. Effective September 26, 1985.)
  53. 76120.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    Before the referendum vote, the commission’s proponents must deposit any amounts the director says are needed to pay for preparing voter lists and information and for conducting the vote.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76111 - 76120] ( Article 5 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76120. (a) Prior to the referendum vote conducted by the director pursuant to this article, the proponents of the commission shall deposit with the director any amounts that the director may deem necessary to defray the expenses of preparing the necessary lists and information and conducting the vote. Any funds not used in carrying out the provisions of this article shall be returned to the proponents of the commission who deposited the funds with the director. (b) Upon establishment 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 carrying out the provisions of this article, and for any legal expenses and costs incurred in establishing the commission. (Amended by Stats. 1985, Ch. 1004, Sec. 61. Effective September 26, 1985.)
  54. 76141.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission must set the annual assessment by April 20, and the assessment may not exceed specified maximum rates for fresh shipping cherries and processing cherries.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76141. (a) The commission shall, not later than April 20 of each year, establish the assessment for the following marketing season, which shall not exceed fifteen cents ($0.15) per 18-pound container or its equivalent in volume in fresh shipping cherries, or three-tenths of one cent ($0.003) per pound for processing cherries. (b) A fee greater than that specified in subdivision (a) may be charged only if approved by producers pursuant to Section 76112. (Amended by Stats. 1985, Ch. 1004, Sec. 62. Effective September 26, 1985.)
  55. 76142.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    This chapter does not apply to certain cherries, including home use, ornamental use, or small non-producer growing operations, and a person subject to this section must file an affidavit with the commission to establish an exemption.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76142. This chapter does not apply to cherries produced for the producer’s home use, to cherries used only for ornamental purposes, or to cherries grown on land totaling one acre or less by a person who is not a producer for purposes of this chapter. However, a person subject to this section shall file an affidavit with the commission establishing that his or her cherries are exempt from this chapter. (Amended by Stats. 1985, Ch. 1004, Sec. 63. Effective September 26, 1985.)
  56. 76143.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    Processors, shippers, and grower-handlers must keep accurate cherry records and make them available for inspection on written demand.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76143. (a) Every processor, shipper, and grower-handler shall keep a complete and accurate record of all cherries processed, shipped, or grower handled by him or her, with the name of the producer whose cherries were processed, shipped, or handled. The records shall be in simple form and contain any information that the commission prescribes. (b) The records shall be kept by the processor, shipper, or grower-handler for a period of two years and offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  57. 76144.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission or director must keep proprietary information confidential and not disclose it, except when a judicial proceeding requires disclosure.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76144. All proprietary information obtained by the commission or the director from producers, processors, shippers, or grower-handlers is confidential and shall not be disclosed except when required in a judicial proceeding. Information on volume shipments, crop value, and any other related information which is required for reports to governmental agencies, financial reports to the commission, or aggregate sales and inventory information, and any other such information which the processors, shippers, or grower-handlers request from the commisson to receive in total, excluding the individual processor, shipper, or grower-handler information, may be disclosed to the commission. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  58. 76145.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    Cherry assessments are charged to the producer, and the first shipper, grower-handler, or processor must deduct the assessment and hold the funds in trust 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76145. Assessments shall be upon the producer. The first shipper, grower-handler, or processor of cherries being assessed shall deduct the assessment from amounts paid by him or her to the producer, and shall be a trustee of the funds until they are paid to the commission at the time and in the manner prescribed by the commission. (Amended by Stats. 1985, Ch. 1004, Sec. 64. Effective September 26, 1985.)
  59. 76146.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    Processors, shippers, and grower-handlers are personally liable for paying collected assessments.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76146. Every processor, shipper, and grower-handler is personally liable for the payment of the collected assessments, and failure of the processor, shipper or grower-handler to collect the assessment from any producer shall not exempt any processor, shipper, or grower-handler from liability for these funds. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  60. 76147.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    Assessments levied under this chapter are a personal debt of each assessed producer.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76147. Any assessment which is levied as provided for in this chapter, is a personal debt of every producer so assessed. Failure of a processor, shipper, or grower-handler to collect the assessment does not relieve the producer of the obligation to pay the assessment. (Amended by Stats. 1985, Ch. 1004, Sec. 65. Effective September 26, 1985.)
  61. 76148.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    If a producer, processor, shipper, or grower-handler misses the filing or payment deadline set by the commission, they must pay a 10% penalty plus 1.5% monthly interest on the unpaid balance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76141 - 76148] ( Article 6 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76148. Any producer, processor, shipper, or grower-handler who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of such assessment determined to be due and, in addition, one and one-half percent interest per month on the unpaid balance. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  62. 76161.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [76161 - 76163] ( Article 7 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    This section makes three kinds of conduct unlawful: giving false commission-required reports, statements, or records; refusing to provide requested cherry receipt information when involved in cherry shipping, processing, handling, wholesale, or retail trade; and hiding, destroying, or changing records required under 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [76161 - 76163] ( Article 7 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76161. It is unlawful to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by the commission. (b) When engaged in the shipping, processing or handling of cherries, or in the wholesale or retail trade of cherries, to fail or refuse to furnish the commission or its duly authorized agents, upon request, information concerning the name and address of the persons from whom cherries have been received and the quantity received. (c) Secrete, destroy, or alter records required to be kept under this chapter. (Amended by Stats. 1985, Ch. 1004, Sec. 66. Effective September 26, 1985.)
  63. 76162.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [76161 - 76163] ( Article 7 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission must create procedures for informal hearings for people aggrieved by its actions or determinations. Those people may appeal commission decisions to the director, and the director’s determination is subject to judicial review.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [76161 - 76163] ( Article 7 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76162. The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission, or before a committee of the commission designated for this purpose. Appeals from decisions of the commission may be made to the director. The determination of the director shall be subject to judicial review upon petition of the superior court. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  64. 76163.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Actions and Penalties [76161 - 76163] ( Article 7 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may sue to collect assessments and civil penalties and to seek injunctions or specific performance; courts must grant requested attachment or injunctive relief on the stated showing, and the commission can recover certain fees and costs if it wins.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [76161 - 76163] ( Article 7 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76163. (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, respecting this chapter and the rules and regulations adopted under this chapter. (b) 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 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 required 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 Sections 526 or 527 is not required. (c) Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business regarding the commodity subject to this chapter until there is full compliance with and satisfaction of the judgment. (d) Upon a favorable verdict for the commission, the commission may receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. (Amended by Stats. 1985, Ch. 1004, Sec. 67. Effective September 26, 1985.)
  65. 76181.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [76181 - 76185] ( Article 8 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission must hold a producer referendum every five years after implementation of the chapter to decide whether it continues. The director must certify the result, and if continuation is not approved, the chapter and commission are suspended after the stated 1990 season end.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [76181 - 76185] ( Article 8 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76181. Except as otherwise specified in this article, the commission shall cause a referendum to be conducted among producers pursuant to Article 5 (commencing with Section 76111) every five years following implementation of this chapter to determine whether the operation of this chapter is reapproved and shall be continued in effect. The vote shall be declared in favor of continuation if the director determines from the referendum that a majority of the eligible producers voting in the referendum voted to continue the operation of this chapter. If the director finds that a favorable vote has been given, he or she shall so certify and all provisions of this chapter shall remain effective. If the director finds that a favorable vote has not been given, he or she shall so certify and declare the operation of the provisions of this chapter and the commission suspended upon expiration of the marketing season ending December 31, 1990. Thereupon, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 76184. No bond or security shall be required for any such referendum. (Amended by Stats. 1985, Ch. 1004, Sec. 68. Effective September 26, 1985.)
  66. 76182.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [76181 - 76185] ( Article 8 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    If a referendum is held because of a petition under Section 76183, it must be held every fifth year after the industry petitioned 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76181 - 76185] ( Article 8 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76182. If a referendum is conducted as the result of a petition pursuant to Section 76183, it shall be conducted every fifth year following the industry petitioned referendum. (Amended by Stats. 1985, Ch. 1004, Sec. 69. Effective September 26, 1985.)
  67. 76183.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [76181 - 76185] ( Article 8 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The commission may recommend suspension of the chapter, and the director must or may hold a producer referendum and suspend the chapter if the stated participation and vote 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76181 - 76185] ( Article 8 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76183. Upon a finding by a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the director that the operation of this chapter be suspended. No suspension shall become effective until the expiration of the current marketing season. The director shall, upon receipt of the 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 producers by number who produced not less than 20 percent of the volume in the immediately preceding season, cause a referendum to be conducted among the producers to determine if the operation of this chapter shall be suspended. However, the director shall not cause a referendum to be conducted as a result of the petition unless the petitioner shows by the weight of evidence that the operation of this chapter has not tended to effectuate its declared purposes. The director shall establish a referendum period, which shall not be less than 10 nor more than 60 days in duration. The director may prescribe any additional procedures that may be necessay to conduct the referendum. At the close of the established referendum period, the director shall tabluate the ballots filed during the period. If at least 40 percent of the total number of producers from the list established by the director participate in the referendum, the director shall suspend the operation of this chapter, if he or she finds either one of the following has occurred: (a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of suspension, and the producers so voting marketed a majority of the total quantity of cherries marketed in the preceding marketing seasons by all of the producers who voted in the referendum. (b) A majority of the producers who voted in the referendum voted in favor of suspension, and the producers so voting marketed 65 percent or more of the total quantity of cherries marketed in the preceding season by all of the producers who voted in the referendum. (Amended by Stats. 1985, Ch. 1004, Sec. 70. Effective September 26, 1985.)
  68. 76183.5.

    ## 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76181 - 76185] ( Article 8 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    The director must terminate the commission at the end of the current marketing season if enough eligible producers make a written request 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 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76181 - 76185] ( Article 8 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76183.5. (a) The director shall terminate the commission at the end of the current marketing season if requested in writing, within a 90-day period, by at least 51 percent of the eligible producers who are directly affected and who produce at least 51 percent of the volume of the product. (b) The person or persons originating the request shall file a written notice with the director in a manner that establishes the date a request is initiated. Any person may withdraw his or her name for the petition requesting the termination prior to the time the request is presented to the director. The signatures to the petition requesting the termination need not all be appended to one sheet of paper. Each person signing the petition shall add to his or her signature his or her place of business, giving the street and number. If no street and number exist, then a designation of the place of business shall be given which will enable the location to be readily ascertained. (c) The petition shall bear a copy of the notice of intention. Signatures shall be secured within the time limit specified in this section. (Added by Stats. 1985, Ch. 1004, Sec. 70.5. Effective September 26, 1985.)
  69. 76184.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [76181 - 76185] ( Article 8 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

    If the chapter’s operation is suspended, the commission must wind up its operations and return leftover assessment money pro rata to the people who paid assessments, unless the refund amounts are too small to handle practically.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [76181 - 76185] ( Article 8 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76184. After the effective date of suspension of the operation of this chapter, the operations of the commission shall be concluded and any and all moneys remaining held by the commission, collected by assessments and not required to defray the expenses of concluding and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding current marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of the pro rata refund to these persons, any such moneys remaining and any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into the University of California for continued research on cherries. (Amended by Stats. 1985, Ch. 1004, Sec. 71. Effective September 26, 1985.)
  70. 76185.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [76181 - 76185] ( Article 8 added by Stats. 1984, Ch. 1176, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 14. California Cherry Commission [76001 - 76185] ( Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76181 - 76185] ( Article 8 added by Stats. 1984, Ch. 1176, Sec. 1. ) ## 76185. Upon suspension of the operation of this chapter and of the commission, the commission shall mail a copy of the notice of suspension to all producers affected by the suspension whose names and addresses are on file. (Added by Stats. 1984, Ch. 1176, Sec. 1.)
  71. 76201.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    This section states that producing, slaughtering, manufacturing, and distributing sheep, wool, and related products are an important state industry.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76201. The production, slaughtering, manufacturing and distributing of sheep and wool, and the products derived therefrom constitute an important industry of this state which not only provides substantial and necessary revenues for the state and employment for its citizens, but also furnishes essential food and fiber vital to the public health and welfare. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  72. 76202.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    This section states that maintaining and expanding California’s sheep industry and its local, national, and foreign markets is necessary for a continuous supply of food and fiber and for needed income levels 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76202. The maintenance and expansion of the sheep industry of California and of its local, national, and foreign markets, is necessary to assure the consuming public of a continuous supply of the vital food and fiber, and the maintenance of needed levels of income for those engaged in the sheep industry of this state. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  73. 76203.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The section states that the public should be informed with accurate, scientific information about sheep, wool, related products, and their values, uses, and production and distribution 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76203. It is necessary for human nutrition and public benefit that the public be made aware of accurate and scientific information relative to the beneficial qualities of sheep, wool, and the products derived therefrom, and the values and uses thereof, and of the production and distribution costs necessary to make sheep, wool, and the products derived therefrom, available to the consuming public. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  74. 76204.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The statute declares that producing and marketing sheep, wool, and related products in the state is a matter of public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76204. The production and marketing of sheep, wool, and the products derived therefrom, produced in this state is hereby declared to be affected with a public interest. This chapter is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  75. 76205.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    Actions by the commission, and by individuals acting under this chapter or its rules, are not violations of certain antitrust 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76205. 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. 1985, Ch. 1102, Sec. 1.)
  76. 76205.5.

    ## 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76205.5. This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of 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. 1985, Ch. 1102, Sec. 1.)
  77. 76206.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The provision says commission members are meant to represent and further the interests of a particular agricultural industry, and that this service is treated as serving the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76206. 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 appointed to the commission, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  78. 76207.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    This section says the commission form of administration created by the chapter is meant to handle sheep-related advertising, promotion, market research, production research, and protection.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [76201 - 76207] ( Article 1 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76207. A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, production research, and protection of sheep. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  79. 76221.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    This article says its 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76221. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  80. 76222.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    This section defines “sheep” to include rams, ewes, wethers, and lambs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76222. “Sheep” means, but is not limited to rams, ewes, wethers, and lambs. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  81. 76223.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    This section defines “books and records” to include many written materials related to activities covered by this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76223. “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. 1985, Ch. 1102, Sec. 1.)
  82. 76224.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    “Commission” means the California Sheep 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76224. “Commission” means the California Sheep Commission. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  83. 76225.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76225. “Commissioner” means any member of the commission. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  84. 76226.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    This section defines the California Sheep Commission districts and allows district boundaries to be changed with a two-thirds commission vote plus 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76226. “Districts” shall consist of the following: (a) District 1 consists of the Counties of Del Norte, Humboldt, Mendocino, and Lake. (b) District 2 consists of the Counties of Sonoma, Napa, and Marin. (c) District 3 consists of the Counties of Siskiyou, Trinity, Tehama, Modoc, Lassen, Plumas, and Shasta. (d) District 4 consists of the Counties of Glenn, Colusa, Butte, and Yolo. (e) District 5 consists of the County of Solano. (f) District 6 consists of the Counties of Sierra, Sutter, Yuba, Sacramento, El Dorado, Placer, and Nevada. (g) District 7 consists of the Counties of Calaveras, Amador, San Joaquin, Stanislaus, Tuolumne, Alpine, Alameda, Contra Costa, Santa Clara, and San Mateo, and the City and County of San Francisco. (h) District 8 consists of the Counties of Merced, Monterey, Mariposa, Santa Cruz, San Luis Obispo, San Benito, and Madera. (i) District 9 consists of the Counties of Fresno, Kings, and Tulare. (j) District 10 consists of the Counties of Kern, Mono, and Inyo. (k) District 11 consists of the Counties of Los Angeles, Imperial, San Diego, San Bernardino, Riverside, Santa Barbara, Ventura, and Orange. The boundaries of any district may be changed by a two-thirds vote of the commission, which is concurred in by the director, when necessary to maintain similar total production among the districts and to ensure proper representation by producers. These boundaries need not coincide with county lines. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  85. 76227.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    This section defines “handler” 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76227. “Handler” means any person engaged in the marketing of wool which he or she has produced or purchased or acquired from a producer, or is marketing on behalf of a producer whether as owner, agent, employee, broker or otherwise. A producer who markets wool to an out-of-state handler shall be considered the handler for purposes of this chapter. (Amended by Stats. 2001, Ch. 397, Sec. 3. Effective January 1, 2002.)
  86. 76227.5.

    ## 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    This section defines “market” as selling, shipping, distributing, or otherwise handling wool.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76227.5. “Market” means to sell, ship, distribute, or otherwise handle wool. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  87. 76228.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    “Marketing research” means research about marketing sheep, wool, and products derived from 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76228. “Marketing research” means any research relating to the marketing of sheep, wool, and the products derived therefrom. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  88. 76229.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    “Marketing year” or “fiscal year” means April 1 through March 31 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76229. “Marketing year” or “fiscal year” means the period beginning April 1 of any year and ending March 31 of the following year. (Amended by Stats. 2001, Ch. 397, Sec. 4. Effective January 1, 2002.)
  89. 76230.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    This section defines “producer” for sheep wool marketing and excludes people who market 100 pounds or less of wool in the preceding marketing 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76230. “Producer” means any person in this state who raises, breeds, grows, or feeds sheep, and markets, or causes to be marketed, the wool derived therefrom and who, upon request, provides proof of commodity marketing during the preceding marketing year. “Producer” does not include any person who markets 100 pounds or less of wool in the preceding marketing year. (Amended by Stats. 2001, Ch. 397, Sec. 5. Effective January 1, 2002.)
  90. 76231.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    “Production research” means research about producing sheep, wool, and products derived from 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76231. “Production research” means any research relating to the production of sheep, wool, and the products derived therefrom. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  91. 76232.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76232. “Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  92. 76233.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    This section defines several wool-related terms 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 2. Definitions [76221 - 76233] ( Article 2 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76233. (a) “Wool” means the shorn fiber of live sheep in the grease basis, including offsort wool or offsorts in the natural state before cleaning or scouring. (b) For the purposes of this chapter, the following terms have the following meanings: (1) “Offsort wool or offsorts” means tags, bellies, or crutchings. (2) “Tags” means wool which has become discolored from urine or feces, dung locks, or floor sweepings. (3) “Bellies” means wool which has been shorn from the belly of the sheep. (4) “Crutchings” means wool which has been shorn from the crotch area of a sheep. (Amended by Stats. 2001, Ch. 397, Sec. 6. Effective January 1, 2002.)
  93. 76251.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The section creates the California Sheep Commission and sets how its members are chosen.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76251. (a) There is in the state government the California Sheep Commission. The commission shall be composed of 13 sheep producers and one public member. Producers within districts 1 to 9, inclusive, shall each elect one producer to serve on the commission. Producers within districts 10 and 11 shall each elect two producers to serve on the commission. (b) The public member shall be appointed to the commission by the director from nominees recommended by the commission. (c) The director and other appropriate individuals, as determined by the commission, shall be ex officio members of the commission. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  94. 76252.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76252. (a) The director may require the commission to correct or cease any existing activity or function which is determined by the director not to be in the public interest or which is in violation of this chapter. (b) If the commission refuses or fails to cease these activities or functions or to make these corrections as required by the director, the director may, upon written notice, suspend all or a portion of the activities or functions of the commission until the time that the cessation or correction of activities or functions as required by the director has been accomplished by the commission. (c) Actions of the commission in violation of the written notice are without legal force or effect. The director, to the extent feasible, shall issue the written notice prior to the commission entering into any contractual relationship affecting the existing or proposed activities or functions which are the subject of the written notice. (d) Upon service of the written notice, the director shall notify the commission in writing of the specific acts which he or she determines are not in the public interest or are in violation of this chapter, 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. 1985, Ch. 1102, Sec. 1.)
  95. 76253.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76253. The commission or the director may bring an action for judicial relief from the director’s written notice, or from noncompliance by the commission with the written notice, as the case may be, in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or other applicable relief. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  96. 76254.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76254. When the director is required to concur in a decision of the commission, he or she shall indicate his or her response to the commission within 15 working days from notification of the decision. The response may be a request that additional information be provided. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  97. 76255.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76255. The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities pursuant to this chapter. However, the court may, if it finds that the director acted arbitrarily or capriciously in restricting the activities or functions of the commission, relieve the commission of the responsibility for payment of the director’s legal costs with regard to that action. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  98. 76256.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    Commission members, other than ex officio members, must have alternate members elected in the same way as the member. The alternate serves when the member is absent and may act in the member’s place until a successor is elected and qualified after death, removal, resignation, or disqualification.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76256. Each member of the commission, except the ex officio members, shall have an alternate member to be elected in the same manner as the member. An alternate member shall, in the absence of the member for whom he or she is an alternate, serve in place of the member on the commission, and shall have and be able to exercise all the rights, privileges, and powers of the member when serving on the commission. In the event of death, removal, resignation, or disqualification of a member, the alternate shall act as a member on the commission until a successor is elected and has qualified. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  99. 76257.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    If a commission vacancy happens because a member or alternate member becomes ineligible, dies, is removed, or resigns, the commission fills the seat by majority vote. The replacement must meet the article’s qualifications.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76257. Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate member to continue in his or her position due to a change in status, making him or her ineligible to serve, or due to death, removal, or resignation, shall be filled, for the unexpired portion of the term, by a majority vote of the commission. That person shall fulfill all the qualifications set forth in this article as required for the member whose office he or she is to fill. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  100. 76257.5.

    ## 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    Producer members and alternates on the commission must meet specific qualification requirements and keep them for the whole term of office.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76257.5. Any producer member or his or her alternate on the commission shall be an individual or an employee representing a producer who has a financial interest in producing, or causing to be produced, wool for market. The qualifications of a producer member and an alternate producer member shall be maintained during the entire term of office. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  101. 76258.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The public member, or an alternate, has the same powers, rights, and privileges as other commission members, and the public member cannot have a financial interest in the sheep or wool 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76258. The public member or his or her alternate on the commission, shall have all the powers, rights, and privileges of any other member on the commission. The public member shall not have any financial interest in the sheep or wool industry. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  102. 76259.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    Most commission members serve a two-year term, 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76259. The term of office of all members of the commission, except ex officio members, shall be two years from the date of their election and until their successors are qualified. However, of the first members of the commission, one-half of the producers shall serve for one year, and one-half of the producers shall serve for two years, with the determination of the term of each such member made by lot at the time of the election. (Amended by Stats. 2016, Ch. 260, Sec. 10. (AB 1894) Effective January 1, 2017.)
  103. 76260.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76260. The commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be sued, to contract and be contracted with, and to have and possess all of the powers of a corporation. It may adopt a corporate seal. Copies of its proceedings, records, and acts, when authenticated, shall be admissible in evidence in all courts of the state and shall be prima facie evidence of the truth of all statements therein. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  104. 76261.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission must have a quorum of eight voting members. If a quorum is present, a majority vote of members present counts as the commission’s act, except as provided in Sections 76226 and 76382.5.

    ## 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76261. A quorum of the commission shall be eight voting members of the commission. Except as provided in Sections 76226 and 76382.5, the vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the commission. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  105. 76262.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76262. The director or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  106. 76263.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    Commission members and qualifying committee members may receive up to $100 per day in per diem, and members are also entitled to necessary travel and meal allowances if approved by the commission. Salary is prohibited for nonmember committee members and commission members covered by the section.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76263. No member of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive a salary. Each member of the commission, except ex officio government members, and each member of a committee established by the commission who is a nonmember of the commission, may receive a sum not to exceed one hundred dollars ($100) per day, as established by the commission. This per diem shall be paid to members for each day spent in actual attendance at, or in traveling to and from, meetings of the commission or committees of the commission, or on special assignment for the commission, as approved by the commission. Members shall also receive the necessary traveling expenses and meal allowances, as approved by the commission. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  107. 76264.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    Funds received under this chapter must be deposited in commission-designated banks and spent only by commission order through commission-designated agents. Those agents must be covered by a fidelity bond of at least $25,000.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76264. 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 as it may designate for that purpose. The agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business in this state, in favor of the commission, in the amount of not less than twenty-five thousand dollars ($25,000). (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  108. 76265.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The state and commission personnel are largely shielded from liability for commission acts, contracts, and other members’ actions, with a stated exception for a person’s own dishonesty or crime.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 3. The California Sheep Commission [76251 - 76265] ( Article 3 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76265. 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 of the commission, alternate member, or any employee or agent thereof, is personally liable for the contracts of the commission. No member of the commission, alternate member, or any employee or agent thereof, is responsible individually in any way to any producer, processor, handler, or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, or employee, except for his or her own individual acts of dishonesty or crime. No member of the commission, alternate member, or any employee or agent thereof, is responsible individually for any act or omission of any other member of the commission. Liability is several and not joint, and no member of the commission, alternate member, or any employee or agent thereof, is liable for the default of any other member of the commission. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  109. 76281.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission’s powers and duties include, at minimum, everything 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76281. The powers and duties of the commission shall include, but are not limited to, all of those contained in this article. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  110. 76282.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may make and change bylaws, rules, regulations, operating procedures, and orders needed to carry out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76282. The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, operating procedures, and orders for carrying out this chapter, including rules for appeals from any bylaw, rule, regulation, operating procedure, or order of the commission. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  111. 76283.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76283. The commission may administer and enforce this chapter and to do and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably necessary for proper or advisable effectuation of this chapter. The commission’s authority includes, but is not limited to, entering into contracts for services with public and private agencies which are deemed necessary by the commission to carry out this chapter. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  112. 76284.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may appoint its own officers, including a chairman, vice chairmen, and other necessary officers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76284. The commission may appoint its own officers, including a chairman, one or more vice chairmen, and such other officers as it deems necessary. The officers shall have the powers and duties delegated to them by the commission. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  113. 76285.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may hire staff and a management firm, and the director may intervene if conduct is not in the public interest or violates the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76285. 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 the provisions of this chapter. The commission may retain a management firm or the staff from any board, commission, or committee of the state to perform the functions prescribed by this section under the control of the commission. If the person engages in any conduct which the director determines is not in the public interest or which is in violation of this chapter, the director shall notify the commission of the conduct and request that corrective and, if appropriate, disciplinary action be taken by the commission. In the event that the commission fails or refuses to correct the situation or to take disciplinary action satisfactory to the director, the director may suspend or discharge the person. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  114. 76286.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may set compensation for all of its employees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76286. The commission may fix the compensation for all employees of the commission. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  115. 76287.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may appoint committees, including committees with both members and nonmembers, to advise it in carrying out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76287. The commission may appoint committees composed of both members and nonmembers of the commission including, but not limited to, a committee of handlers, to advise the commission in carrying out this chapter. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  116. 76288.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may set up offices, spend money, make contracts, create liabilities, and borrow funds before assessments are received if it thinks this is 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76288. The commission may establish offices, incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt of assessments as may be necessary in the opinion of the commission for the proper administration and enforcement of this chapter and the performance of its duties. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  117. 76289.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission must keep accurate books, records, and accounts, have them audited annually by an auditing firm selected with the director’s concurrence, and include an audit summary in an annual report to producers; the director may also order or conduct 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76289. The commission shall keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of the director. A summary of the audit shall be made a part of an annual report to all producers, copies of which shall also be submitted to the Legislature and the department. In addition, the director may, as he or she determines necessary, conduct or cause to be conducted a fiscal and compliance audit of the commission. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  118. 76290.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may promote lamb and wool 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76290. The commission may promote the sale of lamb, wool, and the products derived therefrom 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 lamb and wool, and to educate and instruct the public with respect to the many and varied uses of lamb, wool, and the products derived therefrom. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  119. 76291.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may educate and instruct wholesale and retail trade on proper methods of handling and selling wool.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76291. The commission may educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling wool. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  120. 76291.3.

    ## 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may make market surveys and analyses.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76291.3. The commission may make market surveys and analyses. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  121. 76291.5.

    ## 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76291.5. The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters which affect this chapter. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  122. 76292.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may make contracts and agreements in its name to help formulate and carry out plans and programs for the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76292. The commission may make, in its name, contracts to render service in formulating and conducting plans and programs and any other contracts or agreements that the commission may deem necessary for carrying out the purposes of this chapter. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  123. 76293.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may conduct research, hire others to do research, and keep the research results confidential.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76293. The commission may conduct, and contract with others to conduct, research, including the study, analysis, dissemination, and accumulation of information obtained from the research or elsewhere, regarding this chapter. The results of any research conducted by or on behalf of the commission may be used by the commission in any way it deems appropriate, and notwithstanding any other provision of law, may be maintained in confidence by the commission and not disseminated to any person not subject to this chapter. (Amended by Stats. 2001, Ch. 397, Sec. 7. Effective January 1, 2002.)
  124. 76293.5.

    ## 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may accept or match contributions and use funds for sheep industry promotion and maintenance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76293.5. The commission may accept contributions of, or match private, state, or federal funds, and employ or make contributions of funds to other persons or state or federal agencies for purposes of promoting, enhancing, and maintaining sheep industry. (Added by Stats. 2001, Ch. 397, Sec. 8. Effective January 1, 2002.)
  125. 76294.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may collect information and may publish and distribute a bulletin or other communication to producers and handlers, 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76294. The commission may collect information, including, but not limited to, industry statistics, and may publish and distribute, without charge, a bulletin or other communication for dissemination of information to producers and handlers. (Amended by Stats. 2001, Ch. 397, Sec. 9. Effective January 1, 2002.)
  126. 76295.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may set an assessment rate to help 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76295. The commission may establish an assessment rate to defray operating costs of the commission. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  127. 76296.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may adopt an annual budget using accepted accounting practices, and the director must concur before funds are disbursed, except for disbursements under Section 76286.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76296. The commission may establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the director prior to disbursement of funds, except for disbursements made pursuant to Section 76286. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  128. 76297.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may submit an annual statement of contemplated activities to the director for concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76297. The commission may submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  129. 76298.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [76281 - 76298] ( Article 4 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76298. 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. 1985, Ch. 1102, Sec. 1.)
  130. 76311.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The secretary must create a producer voting list and may require producers and others to provide producer contact and wool 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76311. (a) Not later than April 1, 1999, or as soon thereafter as possible, the secretary shall establish a list of producers eligible to vote on implementation of this chapter. In establishing the list, the secretary may require that handlers, producers, and others submit the names and mailing addresses of all producers. The secretary also may require that the information provided include the quantity of wool produced by each producer or, in the alternative, may establish procedures for receiving the information at the time of the referendum vote specified in Section 76312. The request for the information shall be in writing. The information shall be filed within 30 days following receipt of the written request. (b) Any producer whose name does not appear on the secretary’s list may have his or her name established on the list by filing with the secretary a signed statement, identifying himself or herself as a producer. Failure to be on the list does not exempt the producer from paying assessments. (c) Prior to the certification of a favorable vote as provided in Section 76315, the secretary shall allow producers to view the list of names of producers created pursuant to subdivision (a). The list shall be viewed only at the department and shall not be photocopied. (Amended by Stats. 1998, Ch. 575, Sec. 4. Effective January 1, 1999.)
  131. 76312.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    This chapter does not become operative until the director’s referendum conditions are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76312. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the director finds in a referendum vote conducted by the director that at least 40 percent of the total number of producers from the list established by the director pursuant to this article, participate, and that either of the following occurred: (a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of the provisions of this chapter, and the producers so voting marketed a majority of the total quantity of wool in the preceding season by all of the producers who voted in the referendum. (b) A majority of the producers who voted in the referendum voted in favor of this chapter, and the producers so voting marketed 65 percent or more of the total quantity of wool in the preceding season by all of the producers who voted in the referendum. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  132. 76313.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The director must set the referendum period to last between 10 and 60 days, may add needed procedures, and may extend a shorter initial period as long as the total does not exceed 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76313. The director shall establish a period in which to conduct the referendum which shall not be less than 10 days nor more than 60 days in duration, and may prescribe additional procedures that 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. 1985, Ch. 1102, Sec. 1.)
  133. 76314.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76314. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  134. 76315.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    If the director finds a favorable vote was given under Section 76312, the director must certify it and notify all producers on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76315. If the director finds that a favorable vote has been given as provided in Section 76312, he or she shall certify and give notice of the favorable vote to all producers whose names and addresses may be on file with the director. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  135. 76316.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    If the director finds there was no favorable vote under Section 76312, the director must certify 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76316. If the director finds that a favorable vote has not been given as provided in Section 76312, he or she shall certify and declare all provisions of this chapter inoperative. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  136. 76317.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    After the commission is certified, the director must contact producers in each district by mail or call producer meetings to nominate and elect commission appointees, and producers on the director’s list must get written notice of election meetings at least 15 days before the meeting date.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76317. Upon certification of the commission, the director shall contact all producers in each district by mail, or call meetings of producers in each district for the purpose of nominating and electing persons for appointment to the commission. All producers on the director’s list shall be given written notice of any election meetings at least 15 days prior to the meeting date. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  137. 76318.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    Producer nominees must give the director a nomination petition signed by at least 10 eligible producers from the district to be eligible for election to the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76318. To be eligible for election to the commission, producer nominees must present to the director a nomination petition with the signatures of at least 10 eligible producers from the district from which the nominee is seeking election. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  138. 76319.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    After the commission’s first election, future commission members 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76319. 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 as shall be established by the commission with the concurrence of the director. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  139. 76320.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    Before the referendum vote, the commission’s proponents must deposit with the director whatever amount the director thinks is needed to cover vote-preparation and voting expenses.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [76311 - 76320] ( Article 5 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76320. (a) Prior to the referendum vote conducted by the director pursuant to Section 76312, the proponents of the commission shall deposit with the director the amount that the director deems necessary to defray the expenses of preparing the necessary lists and information and conducting the vote. (b) Any funds not used in carrying out Section 76312 shall be returned to the proponents of the commission who deposited the funds with the director. (c) Upon establishment 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 carrying out Section 76312, and for any legal expenses and costs incurred in establishing the commission. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  140. 76341.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission must set the next year’s assessment by March 31 each year, and handlers must deduct the assessment from producer payments.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76341. (a) The commission shall, not later than March 31 of each year, or as soon thereafter as possible, establish the assessment for the following marketing year. (b) The assessment for the first marketing year shall be six cents ($0.06) per pound on all wool marketed by producers. (c) For the second and subsequent marketing years, the assessment shall not exceed eight cents ($0.08) per pound on all wool marketed by producers, as determined by the commission, unless a greater fee is approved by producers pursuant to the procedures specified in Section 76381. (d) The commission may establish an assessment rate that is different for offsort wool or offsorts than for other wool, provided that the rate does not exceed the maximum assessment authorized in subdivision (c). (e) The assessment rate for wool, other than offsort wool, shall not be increased by more than one-half of one cent ($0.005) each marketing year. (f) A fee greater than twelve cents ($0.12) per pound may not be charged unless that fee is approved by the Legislature by statute. (g) Assessments provided for in this section shall be upon the producer. The handler shall deduct the assessment from amounts paid by him or her to the producer and shall be a trustee of those funds until they are paid to the commission at the time and in the manner prescribed by the commission. (Amended by Stats. 2001, Ch. 397, Sec. 10. Effective January 1, 2002.)
  141. 76341.5.

    ## 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    This chapter does not apply to wool produced only for the producer’s home use, but the producer must file an affidavit with the commission saying the wool was not marketed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76341.5. This chapter does not apply to the wool produced only for the producer’s home use. However, the producer shall file an affidavit with the commission establishing that he or she has not marketed the wool. The commission shall then determine whether the affidavit should be approved. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  142. 76341.7.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    This article applies to wool removed from sheep after December 31, 1998.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76341.7. This article applies to wool that was removed from sheep after December 31, 1998. (Added by Stats. 1999, Ch. 29, Sec. 1. Effective May 26, 1999.)
  143. 76342.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    Handlers must keep accurate wool records, identify the producer, preserve the records for five years, and provide them for inspection on written demand.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76342. Every handler shall keep a complete and accurate record of all wool handled with the name of the producer whose wool was handled. When the wool handled was acquired from a person who is not a producer, the handler shall determine from that person the name of the producer for the purposes of the records required by this section. The records shall be in simple form and contain information as the commission shall prescribe. The records shall be preserved by the handler for a period of five years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. (Amended by Stats. 2001, Ch. 397, Sec. 11. Effective January 1, 2002.)
  144. 76343.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission and director must keep proprietary information and producer lists confidential, except when a court order after a hearing 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76343. All proprietary information obtained by the commission or the director from producers or handlers or any other source, and all lists of producers in the possession of the commission or the director are confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding regarding this chapter. Information on volume shipments, commodity value, and other related information which is required for reports to governmental agencies, financial reports made to the commission or aggregate sales and inventory information, and any other information which the handlers request from the commission to receive in total, excluding individual handler information, may be disclosed by the commission. (Amended by Stats. 2001, Ch. 397, Sec. 12. Effective January 1, 2002.)
  145. 76344.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    Handlers are personally liable for paying collected assessments.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76344. Every handler shall be personally liable for the payment of collected assessments and failure of a handler to collect the assessment from a producer shall not exempt the handler from liability. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  146. 76345.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    Assessments levied under this chapter are personal debts of assessed producers, and a handler’s failure to collect does not excuse the producer from paying.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76345. Any assessment which is levied as provided for in this chapter is a personal debt of every producer so assessed. Failure of a handler to collect the assessment shall not relieve the producer of the obligation to pay the assessment. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  147. 76346.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    A producer or handler who misses the commission’s deadline to file a return or pay an assessment must pay a 10% penalty plus 1.5% interest per month on the unpaid balance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76346. Any producer or handler who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due and, in addition, 11/2 percent interest per month on the unpaid balance. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  148. 76347.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    If the handler is a corporation, its directors and officers are treated as individuals under this section, and they share the same liability for failing to collect or pay assessments.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 6. Assessments and Records [76341 - 76347] ( Article 6 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76347. When the handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for failing to collect or make payment of assessments, of which a corporate handler may be subject to under this chapter, shall also include identical liability upon each director or officer of the corporation. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  149. 76361.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [76361 - 76363] ( Article 7 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    It is unlawful for any person to fail to provide required reports or records, submit false required reports or records, withhold certain wool-handling information from the commission, 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [76361 - 76363] ( Article 7 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76361. It is unlawful for any person to do any of the following: (a) Fail or refuse to render or furnish a report, statement, or record required by the commission. (b) Willfully render or furnish a false report, statement, or record required by the commission. (c) When engaged in the handling of wool, to fail or refuse to furnish the commission or its duly authorized agents, information concerning the name and address of the producers or other persons from whom wool has been received and the quantity so received. (d) Secrete, destroy, or alter records required to be kept under this chapter. (Amended by Stats. 2001, Ch. 397, Sec. 13. Effective January 1, 2002.)
  150. 76362.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [76361 - 76363] ( Article 7 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission must set up procedures so aggrieved individuals can get an informal hearing, and commission decisions may be appealed to the director.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [76361 - 76363] ( Article 7 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76362. The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission, or before a committee of the commission designated for that purpose. Appeals from decisions of the commission may be made to the director. The determination of the director shall be subject to judicial review upon petition, filed with the appropriate superior court. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  151. 76363.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [76361 - 76363] ( Article 7 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may sue to collect assessments and civil penalties and seek injunctions or specific performance, and courts must issue certain relief when the stated 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [76361 - 76363] ( Article 7 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76363. The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for the obtaining of injunctive relief or specific performance, regarding this chapter and the rules and regulations adopted pursuant to this chapter. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any other 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 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 Section 526 and 527 of the Code of Civil Procedure 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 and satisfaction of the judgment. Upon a favorable judgment for the commission, it shall be entitled to receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. (Amended by Stats. 2001, Ch. 397, Sec. 14. Effective January 1, 2002.)
  152. 76381.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76381 - 76384] ( Article 8 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    Every five years, the secretary must hold a hearing on whether this chapter should continue. If needed, the secretary must hold a producer referendum, certify the result, and either keep the chapter in operation or suspend it at the end of the current marketing 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76381 - 76384] ( Article 8 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76381. (a) Every five years, commencing with the 2004–05 marketing year, the secretary shall hold a hearing to determine whether the operation of this chapter shall be continued in effect. If the secretary finds, following the hearing, that a substantial question exists among producers assessed under this chapter as to whether the operation of this chapter shall be continued in effect, the secretary shall conduct a referendum vote among producers to determine whether the operation of this chapter shall be approved and continued in effect. A favorable vote under this section shall be found if the secretary determines from the referendum that a majority of the eligible producers voting in the referendum voted in favor of continuing the operations of this chapter. (b) If the secretary finds, following the referendum vote, that a favorable vote has been given as provided in subdivision (a), the secretary shall so certify and this chapter shall remain in operation. If the secretary finds that a favorable vote has not been given as provided in subdivision (a), the secretary shall so certify and declare the operation of this chapter and the commission suspended upon expiration of the then current marketing year. At that time, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 76383. (Repealed and added by Stats. 1998, Ch. 575, Sec. 7. Effective January 1, 1999.)
  153. 76382.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76381 - 76384] ( Article 8 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    If a petition is filed under Section 76382.5, the secretary must hold a hearing before conducting 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76381 - 76384] ( Article 8 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76382. If a petition is filed as provided in Section 76382.5, the secretary shall hold a hearing pursuant to Section 76381 prior to conducting the referendum authorized by Section 76382.5. (Repealed and added by Stats. 1998, Ch. 575, Sec. 9. Effective January 1, 1999.)
  154. 76382.5.

    ## 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76381 - 76384] ( Article 8 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The commission may recommend suspending this chapter, and the director must run a producer referendum 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 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76381 - 76384] ( Article 8 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76382.5. Upon a finding by a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the director that the operation of this chapter be suspended. However, any suspension shall not become effective until the expiration of the current marketing season. The director shall, upon receipt of the recommendation, or may after a public hearing to review a petition filed with him or her requesting a suspension and signed by 20 percent of the producers by number who produced not less than 20 percent of the volume of wool in the immediately preceding season, hold a referendum among the producers to determine if the operations of the commission shall be suspended. However, the director shall not hold a referendum as a result of the petition unless the petitioner shows, by the weight of evidence, that the operation of this chapter has not tended to effectuate its declared purposes. The director shall establish a referendum period, which shall not be less than 10 days nor more than 60 days in duration. The director may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the established referendum period, the director shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers from the list established by the director participate in the referendum, the director shall suspend the operation of this chapter if he or she finds either one of the following has occured: (a) Sixty-five percent or more of the producers, who voted in the referendum, voted in favor of suspension, and the producers so voting marketed 50 percent or more of the total quantity of wool marketed in the preceding marketing season by all of the producers who voted in the referendum. (b) A majority of the producers who voted in the referendum voted in favor of suspension, and the producers so voting marketed 65 percent or more of the total quantity of wool marketed in the preceding marketing season by all of the producers who voted in the referendum. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  155. 76382.6.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76381 - 76384] ( Article 8 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    The secretary must end the commission at the end of the current marketing year if a written termination request meets the stated producer and volume thresholds.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76381 - 76384] ( Article 8 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76382.6. The secretary shall terminate the commission at the end of the 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 are directly affected that produce at least 51 percent of the volume of the product. 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. The signatures to the petition requesting the termination need not all be appended to one sheet of paper. Each person signing the petition shall add to his or her signature his or her place of business, giving street and number. If no street and number exist, then a designation of the place of business shall be given which will enable the location to be readily ascertained. The petition shall bear a copy of the notice of intention. Signatures shall be secured within the time limit specified in this section. (Amended by Stats. 1998, Ch. 575, Sec. 10. Effective January 1, 1999.)
  156. 76383.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76381 - 76384] ( Article 8 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

    If the chapter is suspended, the commission must wind up its operations and refund remaining assessment funds pro rata, unless the refund would be impractical because the amounts are too small.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76381 - 76384] ( Article 8 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76383. After the effective date of suspension of the operation of this chapter, the operation of the commission shall be concluded and any and all funds remaining held by the commission, collected by assessment and not required to defray the expenses of concluding and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding 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 prorate refund to these persons, any funds remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into an appropriate program conducted by the University of California or the California State University system, another state agency, or a federal 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. (Amended by Stats. 1998, Ch. 575, Sec. 11. Effective January 1, 1999.)
  157. 76384.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76381 - 76384] ( Article 8 added by Stats. 1985, Ch. 1102, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 15. California Sheep Commission [76201 - 76384] ( Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [76381 - 76384] ( Article 8 added by Stats. 1985, Ch. 1102, Sec. 1. ) ## 76384. Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all producers affected by the suspension whose names and addresses are on file. (Added by Stats. 1985, Ch. 1102, Sec. 1.)
  158. 76501.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    This chapter is known as the California Salmon Marketing and Development 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76501. This chapter shall be known and may be cited as the “California Salmon Marketing and Development Act.” (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  159. 76502.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76502. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  160. 76510.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    “Council” means the California Salmon Council.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76510. “Council” means the California Salmon Council. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  161. 76511.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    This section defines “commercial salmon vessel operator.”

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76511. “Commercial salmon vessel operator” is a commercial fisherman who operates a commercial salmon vessel for which a valid commercial salmon vessel permit has been issued pursuant to Article 4.5 (commencing with Section 8230) of Chapter 2 of Part 3 of Division 6 of the Fish and Game Code. (Added by Stats. 1989, Ch. 53, Sec. 1. Effective June 22, 1989.)
  162. 76520.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    This section defines “exporter” for the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76520. “Exporter” means any individual who is, or an individual working for a partnership, corporation, or any other business unit or organization which is, engaged in the export to a foreign nation or nations of salmon which has been landed in California. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  163. 76525.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    “Fiscal year” means the period from April 1 of one year to March 31 of the next year.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76525. “Fiscal year” means from April 1 of a year to March 31 of the next succeeding year. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  164. 76530.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    “Fisherman” means an individual licensed to commercially harvest fish under the cited Fish and Game Code sections.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76530. “Fisherman” means an individual licensed to commercially harvest fish pursuant to Sections 7850 to 7852, inclusive, of the Fish and Game Code. (Amended by Stats. 1989, Ch. 53, Sec. 2. Effective June 22, 1989.)
  165. 76535.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    “Handler” is defined to include processors, receivers, wholesalers, exporters, and certain licensed persons working in the California commercial salmon fishery.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76535. “Handler” means any of the following: (a) A processor. (b) A receiver. (c) A wholesaler. (d) An exporter. (e) An individual licensed or working for a partnership, corporation, or any other business unit or organization licensed pursuant to subdivision (a) of Section 8032 of the Fish and Game Code and engaged in the California commercial salmon fishery. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  166. 76537.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    This section defines “individual” as a person, as defined in Section 64506.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76537. “Individual” means a person, as defined in Section 64506. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  167. 76540.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    This section defines “marketing association.”

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76540. “Marketing association” means any commercial fishermen’s organization established on either a local, county, or statewide level, incorporated in this state, to enable fishermen to collectively negotiate and issue orders and agreements with receivers for the purchase of their catches, or to otherwise engage in activities permitted of agricultural cooperatives, and whose members are involved in the salmon fishery. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  168. 76550.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    This section defines “processor” for the California Salmon Council 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76550. “Processor” means any individual licensed or working for a partnership, corporation, or any other business unit or organization licensed pursuant to Section 8034 of the Fish and Game Code and engaged in the California commercial salmon fishery. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  169. 76560.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    This section defines “receiver” for the California Salmon Council 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76560. “Receiver” means any individual licensed or working for a partnership, corporation, or any other business unit or organization licensed pursuant to Section 8033 of the Fish and Game Code and engaged in the California commercial salmon fishery. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  170. 76570.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    This section defines “salmon” to include king or chinook, silver or coho, and pink or humpback salmon.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76570. “Salmon” means the following species of fish: (a) King or chinook salmon (Oncorhynchus tshawytscha). (b) Silver or coho salmon (Oncorhynchus kisutch). (c) Pink or humpback salmon (Oncorhynchus gorhuscha). (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  171. 76571.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    This section defines “salmon fishery.”

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76571. “Salmon fishery” means either of the following: (a) One or more species of salmon taken offshore California with troll lines for commercial usage, treated as a unit for the purposes of conservation, restoration, management, marketing, or promotion. (b) Any economic activity involving the harvesting, receiving, processing, manufacturing, or distributing of salmon described in subdivision (a) and products therefrom. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  172. 76572.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    “Salmon products” are defined as manufactured items that contain at least 50% salmon flesh or parts and are intended for listed uses.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76572. “Salmon products” means any item manufactured which contains 50 percent or more of salmon flesh or parts from salmon, including the head, scales, skin, bone, or entrails, and which is intended for human consumption, medicine, animal feed, fertilizer, or other purposes. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  173. 76580.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    This section defines “wholesaler” for this part of the code.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [76501 - 76580] ( Article 1 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76580. “Wholesaler” means any individual licensed or working for a partnership, corporation, or any other business unit or organization licensed pursuant to Section 8035 of the Fish and Game Code and engaged in the California commercial salmon fishery. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  174. 76600.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 2. General Provisions [76600 - 76605] ( Article 2 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    The Legislature states that this chapter is enacted to protect and further public health and welfare.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 2. General Provisions [76600 - 76605] ( Article 2 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76600. The Legislature finds and declares that this chapter is enacted in the exercise of the power of this state for the purposes of protecting and furthering the public health and welfare. (Amended by Stats. 2015, Ch. 307, Sec. 18. (AB 958) Effective January 1, 2016.)
  175. 76601.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 2. General Provisions [76600 - 76605] ( Article 2 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    The Legislature declares that California’s salmon fishery is a matter of public interest and that accurate, scientific information about salmon should be shared to prevent misrepresentation and deception.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 2. General Provisions [76600 - 76605] ( Article 2 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76601. The Legislature further finds and declares that the salmon fishery of this state is affected with a public interest, in that, among other things: (a) The harvesting, processing, manufacturing, and distributing of salmon and salmon products constitute a paramount industry of this state, which not only provides substantial and required revenues for the state and its political subdivisions and employment and a means of livelihood for many thousands of its population, but which also furnishes essential foods that are vital to the public health and welfare. (b) The development of the salmon fishery requires, in addition to the protection and restoration of spawning and nursery habitat in rivers, rearing programs designed to rebuild salmon populations, the full utilization and efficient operation of mitigation fish hatcheries, and existing regulations that assure adequate returns of spawning salmon, an aggressive marketing program, and a program to allow for the purchase, during years of low abundance, of the allocation of fish provided to other salmon users in order to assure that the commercial salmon fishery has the maximum access to healthy salmon populations. (c) The stabilization, maintenance, and expansion of the salmon fishery of California, and of the state, nationwide, and foreign markets for its products are necessary to assure the consuming public an adequate supply of foods which are indispensable in a proper human diet, to protect, for the state and its political subdivisions, a necessary source of tax revenue, to provide and maintain an adequate standard of living for a segment of the population of this state, to maintain proper wage scales for those engaged in the salmon fishery, and to maintain existing employment. (d) The essentiality of salmon, low in fat and calories and naturally rich in Omega 3 fatty acids, in proper human nutrition and to the maintenance of a high level of public health is such as to require that the public be made thoroughly aware thereof, and be protected against misrepresentation and deception, by the dissemination of accurate and scientific information relative to the healthful qualities of salmon and salmon products, their various classifications and the food values and industrial and medicinal uses thereof, the methods, care and precautions necessary to their proper harvesting, processing, manufacturing, and distributing, and the necessary costs and expenses thereof, and the necessity and desirability on the part of the public of using and consuming salmon and salmon products of the highest standards of quality. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  176. 76602.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 2. General Provisions [76600 - 76605] ( Article 2 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    This section states the purposes of the chapter, including supporting salmon markets, helping the fishery obtain harvest allocation rights from willing sellers, authorizing the secretary to run promotional and educational programs, and funding administration and enforcement through mandatory fees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 2. General Provisions [76600 - 76605] ( Article 2 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76602. The Legislature declares that the purposes of this chapter are as follows: (a) Enable the salmon fishery, with the aid of the state, to develop, maintain, and expand the state, nationwide, and foreign markets for salmon and salmon products harvested, processed, manufactured, sold, or distributed in this state for human consumption, and the use and consumption of salmon and salmon products in those markets. (b) Enable the salmon fishery to purchase, where there are willing sellers, the allocation rights to harvest salmon, as they may exist, of other salmon user groups to provide fishermen, and thereby the salmon fishery, greater access to salmon stocks than otherwise may have been provided pursuant to a conservation, management, or allocation agreement. (c) In aid, but not in limitation, of the purpose in subdivision (a), authorize and enable the secretary to formulate and effectuate, directly or in cooperation with other agencies, organizations, including the Oregon Salmon Commission, and instrumentalities that are specified in this chapter, sales stimulation and consumer or other educational programs designed to increase the use and consumption of salmon and salmon products for human consumption. (d) Provide funds for the administration and enforcement of this chapter by mandatory fees to be collected in the manner prescribed in this chapter. (Amended by Stats. 2015, Ch. 307, Sec. 19. (AB 958) Effective January 1, 2016.)
  177. 76603.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 2. General Provisions [76600 - 76605] ( Article 2 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    This chapter must be interpreted liberally.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 2. General Provisions [76600 - 76605] ( Article 2 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76603. This chapter shall be liberally construed. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  178. 76604.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 2. General Provisions [76600 - 76605] ( Article 2 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    If part of this chapter is invalid, the rest still applies if it can work without the invalid part.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 2. General Provisions [76600 - 76605] ( Article 2 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76604. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Amended by Stats. 2015, Ch. 307, Sec. 20. (AB 958) Effective January 1, 2016.)
  179. 76605.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 2. General Provisions [76600 - 76605] ( Article 2 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    Violating this chapter is a misdemeanor.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 2. General Provisions [76600 - 76605] ( Article 2 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76605. A violation of this chapter is a misdemeanor. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  180. 76650.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 3. Administration [76650 - 76652] ( Article 3 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    The secretary must administer and enforce this chapter and may use certain administrative powers and contract to carry out the chapter’s purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 3. Administration [76650 - 76652] ( Article 3 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76650. The secretary shall administer and enforce this chapter, and may exercise any of the administrative powers that are conferred by Sections 11180 to 11191, inclusive, of the Government Code upon a head of a department. In order to effectuate the declared purposes of this chapter, the secretary may contract to carry out the declared intent and purposes of this chapter. (Amended by Stats. 2015, Ch. 307, Sec. 21. (AB 958) Effective January 1, 2016.)
  181. 76651.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 3. Administration [76650 - 76652] ( Article 3 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    The secretary may adopt regulations for administering and enforcing this chapter if recommended by the council, but may not engage in salmon promotion or pursue purchase of salmon allocation rights without approval from a majority of the council’s voting 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 3. Administration [76650 - 76652] ( Article 3 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76651. Upon recommendation by the council, the secretary may adopt, consistent with this chapter, any regulations that cover the administration and enforcement of this chapter that may be necessary to carry out the purposes and attain the objectives of this chapter, except the secretary shall not engage in any salmon promotion activity or pursue the purchase of allocation rights to harvest salmon without the approval of a majority of the voting members of the council. (Amended by Stats. 2015, Ch. 307, Sec. 22. (AB 958) Effective January 1, 2016.)
  182. 76652.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 3. Administration [76650 - 76652] ( Article 3 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    Regulations adopted under this chapter must be posted on the department’s Internet Web site, and they do not take effect until five days after posting and mailing to specified recipients.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 3. Administration [76650 - 76652] ( Article 3 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76652. Upon the adoption of any regulations under this chapter, a copy of the regulations shall be displayed on the department’s Internet Web site. No regulation shall become effective until five days after the date of display on the Internet Web site and mailing to every marketing association and every receiver that is directly affected by the regulations whose name and address may be on file in the office of the secretary and to every person who files in the office of the secretary a written request for a copy of the regulations. (Amended by Stats. 2015, Ch. 307, Sec. 23. (AB 958) Effective January 1, 2016.)
  183. 76700.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    The California Salmon Council exists in state government and its membership size changes depending on whether handlers are subject to this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76700. (a) There is in the state government the California Salmon Council. The council shall be composed of nine voting members and their alternates, and three nonvoting members. (b) If handlers have become subject to this chapter pursuant to Article 9.5 (commencing with Section 76961), the council shall be composed of 11 voting members and their alternates, and three nonvoting members. (Amended by Stats. 2015, Ch. 307, Sec. 24. (AB 958) Effective January 1, 2016.)
  184. 76701.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    The secretary must appoint the council’s voting members after consulting the Director of Fish and Wildlife and considering geographic distribution.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76701. (a) The voting members of the council shall be appointed by the secretary, after consultation with the Director of Fish and Wildlife, giving due consideration to proper geographic distribution. (b) The nine members shall include: (1) Five commercial salmon vessel operators or their representatives, and their alternates. (2) Two handlers who are receivers or processors or their representatives, and their alternates. (3) One representative of a handler who is an exporter or a wholesaler, and an alternate. (4) One public member, and an alternate. (c) If handlers become subject to this chapter pursuant to Article 9.5 (commencing with Section 76961), the 11 members shall include: (1) Five commercial salmon vessel operators or their representatives, and their alternates. (2) Three handlers who are receivers or processors or their representatives, and their alternates. (3) Two representatives of a handler who is an exporter or a wholesaler, and their alternates. (4) One public member, and an alternate. (Amended by Stats. 2015, Ch. 307, Sec. 25. (AB 958) Effective January 1, 2016.)
  185. 76702.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    This section says certain council members must be selected from nominee lists submitted by specified industry groups, and the secretary must select the public member and alternate from a submitted list.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76702. (a) The commercial salmon vessel operators and their alternates shall be selected from lists of nominees submitted by marketing associations and any organization deemed to represent the majority of organized commercial salmon vessel operators, and from nominations by individual commercial salmon vessel operators. (b) The receivers, processors, wholesalers, or exporters and their alternates shall be selected from lists of nominees submitted by an organization deemed to represent the majority of those organized groups in the state, and from individual receivers, processors, wholesalers, and exporters. (c) The public member and alternate shall be selected by the secretary from a list submitted by the commercial salmon vessel operators and handler members of the council. (Amended by Stats. 2015, Ch. 307, Sec. 26. (AB 958) Effective January 1, 2016.)
  186. 76703.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    Voting members of the council are appointed to three-year terms, with staggered shorter terms in the council’s first 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76703. The voting members of the council shall each be appointed to a three-year term, except that in the first year of the council, three members shall be appointed to one-year terms; three members shall be appointed to two-year terms; and three shall be appointed to three-year terms. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  187. 76704.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    A council member’s term starts on April 1 and ends on March 31.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76704. The term of office of a member of the council shall begin on April 1 and expire on March 31. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  188. 76705.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    Vacancies in the council must be filled by the secretary from eligible nominees, and council members or alternates cannot serve more than two consecutive three-year 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76705. Any vacancy in the membership of the council that occurs during the unexpired term shall be filled by the secretary for the unexpired term from the eligible nominees. No council member or alternate shall serve more than two consecutive three-year terms. Service as an alternate does not disqualify a person to then serve two additional terms as a member, and a member who was appointed for a one-year or a two-year term may serve two additional three-year terms. (Amended by Stats. 2015, Ch. 307, Sec. 27. (AB 958) Effective January 1, 2016.)
  189. 76706.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    The secretary may remove a council member or alternate for cause, and any resulting vacancy must be filled under the rule for the unexpired term in Section 76705.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76706. The secretary may remove any member of the council or alternate for cause, and, upon that removal, there is a vacancy that shall be filled in the manner as provided for the unexpired term in Section 76705. (Amended by Stats. 2015, Ch. 307, Sec. 28. (AB 958) Effective January 1, 2016.)
  190. 76707.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    The secretary must give yearly written notice of upcoming vacancies by January 31 and may issue press releases or public statements requesting nominations.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76707. The secretary shall give notice, not later than January 31 of each year, of the vacancies that will exist upon the expiration of terms on March 31, in writing, to all marketing associations and organizations deemed to represent the majority of organized fishermen, or receivers, processors, wholesalers, and exporters, and shall issue any press releases and public statements that the secretary deems appropriate requesting nominations. (Amended by Stats. 2015, Ch. 307, Sec. 29. (AB 958) Effective January 1, 2016.)
  191. 76708.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    The notice for nominations must say nominations may be mailed or emailed to the secretary in Sacramento, and the secretary must consider electronically sent or postmarked nominations received by March 1 or earlier.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76708. (a) The notice requesting nominations shall indicate that nominations shall be mailed or sent electronically to the secretary at his or her office in Sacramento and that the secretary shall consider nominations sent electronically or postmarked not later than March 1. (b) Nominations shall set forth all of the following: (1) The name and address of each nominee. (2) Whether each nominee is being nominated as a member or alternate member. (3) The type of category for which the nominee is being nominated. (4) The list of qualifications and supporters, if any, for the nominee. (5) The name and address of the nominating marketing association, organization, or individual. (Amended by Stats. 2015, Ch. 307, Sec. 30. (AB 958) Effective January 1, 2016.)
  192. 76709.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    The council’s nonvoting members must represent specified agencies and are selected 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76709. The nonvoting members of the council shall be representatives of the following agencies, as selected by the secretary: (a) The department. (b) The Department of Fish and Wildlife. (c) The California Sea Grant Program. (Amended by Stats. 2015, Ch. 307, Sec. 31. (AB 958) Effective January 1, 2016.)
  193. 76710.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    Nonvoting council members have no fixed term, and agencies may choose an alternate for their representative but do not have to.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76710. There is no fixed term for nonvoting members of the council. The agencies may, but are not required to, select an alternate for their representative. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  194. 76711.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    A majority of the council’s voting members is enough to form a quorum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76711. A majority of the voting members of the council shall constitute a quorum for the transaction of all business, including the election of officers. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  195. 76712.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    The council must annually choose a chair and vice chair from its voting members, and also choose four other voting members to make up the executive committee.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76712. (a) The council shall select annually from its voting members, to serve at its pleasure, a chair and vice chair. (b) The chair and vice chair, together with four other voting members, selected annually by the council, shall constitute the executive committee of the council. The executive committee shall have and exercise any powers of the council that the council may delegate to it. (c) If handlers have become subject to this chapter pursuant to Article 9.5 (commencing with Section 76961), the officers and the other members of the executive committee shall be equally divided between commercial salmon vessel operators and handlers. (Amended by Stats. 2015, Ch. 307, Sec. 32. (AB 958) Effective January 1, 2016.)
  196. 76713.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    The council must hold two regular meetings each year, spaced at least four calendar months apart, avoid regular meetings during commercial salmon season, and may call special meetings. The executive committee has the same regular-meeting and special-meeting rules.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76713. The council shall hold two regular meetings in each year at times and places which are fixed by the council. The times for regular meetings shall be fixed so that there is an interval of at least four calendar months between the meetings. Consideration shall be given for the commercial fishing season and no regular meeting shall be held during the commercial salmon season. The council may meet in special meetings at any time and place at the call of the chair or upon the written request of five members of the council. The executive committee shall have two regular meetings each year at times and places which are fixed by it, and may meet in special meetings at any time and place at the call of the chair or on call of a majority of the members of the executive committee. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  197. 76714.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    Council voting members get a $40 daily per diem and expense reimbursement, with special rules for the first year, nonvoting members, and alternates.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76714. The voting members of the council shall receive forty dollars ($40) per day per diem for each day spent in actual attendance at the meetings or on the business of the council and shall be reimbursed for necessary traveling and other expenses incurred in the performance of their official duties, except, during the first year of council operations, when members shall serve at their own expense. Nonvoting members shall be reimbursed at the same rate as voting members when their agencies do not pay their expenses. Alternates shall only be paid expenses and per diem for meetings at which they serve as the replacement for the voting member. (Amended by Stats. 2015, Ch. 307, Sec. 33. (AB 958) Effective January 1, 2016.)
  198. 76715.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    Most council members, except executive committee members, may not receive compensation for more than three days of service per month; the chair may receive compensation for up to seven days per month.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76715. No member of the council, except members of the executive committee, shall receive compensation for more than three days’ service per month. The chair may receive compensation for not more than seven days per month. (Amended by Stats. 2015, Ch. 307, Sec. 34. (AB 958) Effective January 1, 2016.)
  199. 76716.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    The secretary may require council employees or agents to provide a fidelity bond set on terms the secretary prescribes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76716. The secretary may require any employee or agent of the council to give a fidelity bond, executed by a surety company that is authorized to do business in this state, in favor of the secretary, in the sum, and containing any terms and conditions, that the secretary may prescribe. The cost of the fidelity bonds of employees or agents of the council shall be paid from the funds that are collected pursuant to this chapter. (Amended by Stats. 2015, Ch. 307, Sec. 35. (AB 958) Effective January 1, 2016.)
  200. 76717.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    Council members and employees are not personally liable for the council’s contracts or agreements.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 4. California Salmon Council [76700 - 76719] ( Article 4 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76717. No member or employee of the council shall be held responsible individually to any person for liability on any contract or agreement of the council. All salaries, expenses, costs, obligations, and liabilities that arise out of the administration and enforcement of this chapter are payable only from funds that are collected pursuant to this chapter. (Amended by Stats. 2015, Ch. 307, Sec. 36. (AB 958) Effective January 1, 2016.)

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