Food and Agricultural Code, 1967

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

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

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

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

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

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.

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

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

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.

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.

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

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.

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.

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.

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

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

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.