Food and Agricultural Code — Part 40 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 40 of 48 · provisions 7,801–8,000

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

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

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Provisions of Food and Agricultural Code

Showing 200 of 9,557

  1. 76718.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    An alternate council member must serve as a voting member when the regular member is absent, and is paid and reimbursed the same way as a voting member while serving.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 76718. An alternate member of the council shall sit as a voting member of the council if the member for whom he or she is an alternate fails for any reason to attend any meeting of the council. The alternate member shall be compensated and reimbursed in the same manner and to the same extent as a voting member when so serving. When so serving, the alternate member has all of the powers, duties, liabilities, and immunities of the member in whose place he or she is serving, except that the alternate to the chair or vice chair shall not succeed to the functions of these offices. (Amended by Stats. 2015, Ch. 307, Sec. 37. (AB 958) Effective January 1, 2016.)
  2. 76719.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 Legislature declares that certain council appointees are meant to represent a particular agricultural industry and that this serves the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 76719. The Legislature finds and declares that commercial salmon vessel operators, receivers, processors, wholesalers, or exporters appointed to the council pursuant to this article 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 and declares that, with respect to persons who are appointed to the council, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Amended by Stats. 1989, Ch. 53, Sec. 6. Effective June 22, 1989.)
  3. 76750.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Powers and Duties [76750 - 76754] ( Article 5 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    The council’s duties are generally advisory, but the secretary may delegate specific duties. Subject to the secretary’s approval and any delegation, the council may perform a list of administrative, contracting, hiring, research, funding, and coordination powers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 5. Powers and Duties [76750 - 76754] ( Article 5 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76750. The duties of the council shall be advisory, except as to those duties that may be delegated to it by the secretary or as otherwise designated in this chapter. The council may, subject to the approval of the secretary, exercise any of the following powers that may be delegated to the council by the secretary: (a) Recommend to the secretary administrative regulations that relate to the administration and enforcement of this chapter. (b) Investigate all matters that affect the administration of this chapter, and to report violations of this chapter to the secretary. (c) Employ and, at its pleasure, discharge a manager and such clerical help and other employees as it deems necessary, and to prescribe their duties and powers and fix their compensation. (d) Contract with, or employ, and at its pleasure, discharge any other persons that it deems necessary, and in the cases of those persons it shall employ, to outline their powers and duties and fix their compensation. (e) Establish offices and incur expenses incidental thereto. (f) Make contracts and other agreements that may be proper to promote the sale of salmon and salmon products on either a local, state, national, or international basis. (g) (1) Cooperate with any other local, state, or national commission, organization, or agency, whether voluntary or created by state or federal law, including, but not limited to, the Oregon Salmon Commission, and instrumentalities that are engaged in work or activities similar to the work and activities of the council, and to recommend to the secretary the making of contracts and agreements with those organizations or agencies for carrying on joint programs of education, research, publicity, and advertising. (2) Recommend to the secretary the making of contracts and agreements with other councils, commodity commissions, or producer organizations for joint programs of publicity and advertising where those products are compatible with the promotion of salmon and salmon products. (3) In matters of research, cooperate with organizations of recognized professional standing that are adequately equipped with facilities for the research that is contemplated. (h) Recommend to the secretary the institution and promotion of scientific research to develop or discover, or both, the health, food, therapeutic, dietetic, and other uses of salmon. (i) (1) Receive, invest, and disburse funds pursuant to Article 8 (commencing with Section 76900). (2) Allocate funds to agencies not specifically or solely engaged in carrying on research or promotion for salmon, if the council and the secretary are satisfied that those allocations will be beneficial to the California salmon fishery and will tend to effectuate the declared purposes of this chapter. (j) Present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect this chapter. (Amended by Stats. 2015, Ch. 307, Sec. 38. (AB 958) Effective January 1, 2016.)
  4. 76751.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Powers and Duties [76750 - 76754] ( Article 5 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    The council must keep necessary books, records, and accounts, and those records must always be open to inspection and audit by 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 5. Powers and Duties [76750 - 76754] ( Article 5 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76751. The council shall keep books, records, and accounts of all its transactions, dealings, contracts, agreements, funds, and expenditures that it deems necessary. The books, records, and accounts shall at all times be open to inspection and audit by the director. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  5. 76752.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Powers and Duties [76750 - 76754] ( Article 5 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    Council members, alternates, agents, and employees must not appear before legislative committees as council representatives unless requested, and must not lobby as council representatives.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Powers and Duties [76750 - 76754] ( Article 5 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76752. A member, alternate, agent, or employee of the council shall not do any of the following: (a) Appear before any legislative committee of the state or federal government as a representative of the council unless requested to do so by that committee. (b) Lobby in any manner as a representative of the council. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  6. 76753.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Powers and Duties [76750 - 76754] ( Article 5 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    Funds collected under this chapter must not be used for political contributions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Powers and Duties [76750 - 76754] ( Article 5 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76753. Funds which are collected pursuant to this chapter shall not be used for political contributions. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  7. 76754.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Powers and Duties [76750 - 76754] ( Article 5 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    The council must prepare annual summarized statements about past and planned activities, and make those statements available to specified industry groups and to individuals who request them in writing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Powers and Duties [76750 - 76754] ( Article 5 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76754. The council shall prepare, annually, summarized statements of the activities in which it has been engaged in the previous annual period, and of the activities in which it proposes to engage in the ensuing annual period. The statements shall be made available to all marketing associations, organizations of fishermen and receivers, processors, wholesalers, and exporters, and individuals that request them in writing. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  8. 76800.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Education, Research, and Public Information Programs [76800 - 76802] ( Article 6 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    The secretary must conduct, or may direct the council to conduct, education, research, or public information programs about salmon and salmon products.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 6. Education, Research, and Public Information Programs [76800 - 76802] ( Article 6 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76800. The secretary shall conduct, or may cause the council to conduct, programs of education, research, or public information, that are designed to accomplish the following purposes, among others: (a) Increase the consumption of salmon and salmon products. (b) Gather, publicize, and diffuse accurate and scientific information that shows the importance of the use and consumption of salmon and salmon products in relation to the public health, economy, and diet, and proper nutrition of children and adults. (c) Study means and methods that are employed in harvesting, processing, manufacturing, marketing, and distributing salmon and salmon products in order to comply with the sanitary and other regulations that are imposed by municipalities, this state, and the United States. (d) Gather and disseminate information regarding the high standards that are observed and imposed to ensure pure and wholesome salmon and salmon products. (e) Gather and disseminate information regarding the harmful effects on the public health resulting from the breakdown or instability of the salmon fishery, the factors and conditions peculiar to the salmon fishery that tend to cause an unbalanced production, and the price of salmon and salmon products in relation to the cost of other items of food in a balanced diet. (f) Gather and disseminate information regarding the factors that tend to promote increased consumption of salmon and salmon products, stabilize the fishery, and foster a better understanding and more efficient cooperation among fishermen, receivers, processors, and the consuming public. (Amended by Stats. 2015, Ch. 307, Sec. 39. (AB 958) Effective January 1, 2016.)
  9. 76801.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Education, Research, and Public Information Programs [76800 - 76802] ( Article 6 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    Programs or activities under this chapter must not make false or unwarranted claims, disparage authorized commodities, or use a private salmon-related brand or trade name.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Education, Research, and Public Information Programs [76800 - 76802] ( Article 6 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76801. No program or activity which is conducted or sponsored pursuant to this chapter shall make false or unwarranted claims, or disparage the quality, value, use, or sale of any commodity authorized by law to be marketed in this state, nor shall any program be conducted with reference to a private brand or trade name which refers to salmon or salmon products. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  10. 76802.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Education, Research, and Public Information Programs [76800 - 76802] ( Article 6 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    The council must not use council funds to advertise brand name salmon products, but it may use those funds for cost-sharing advertising involving nonbrand name salmon products.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 6. Education, Research, and Public Information Programs [76800 - 76802] ( Article 6 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76802. The council shall not expend council funds for the advertising of brand name salmon products. The council may expend council funds to conduct cost-sharing advertising with nonbrand name salmon products. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  11. 76850.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Purchase of Allocation Shares [76850 - 76852] ( Article 7 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    The Attorney General must review salmon-season laws every year and determine whether rights to harvest salmon may be bought, traded, or exchanged, and on what conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 7. Purchase of Allocation Shares [76850 - 76852] ( Article 7 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76850. The Attorney General shall annually review all applicable state and federal laws, regulations, and procedures used to set salmon fishing seasons and shall determine whether allocations of rights to harvest salmon held by users, including tribal interests, may lawfully exist for purchase, trade, or exchange or under what conditions that purchase, trade, or exchange may lawfully be made. (Added by Stats. 1988, Ch. 1500, Sec. 1.)
  12. 76851.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Purchase of Allocation Shares [76850 - 76852] ( Article 7 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    If the listed preconditions are met, the Director of Fish and Wildlife may create a program to authorize transfer of salmon allocation rights, and the secretary may make a purchase agreement under the stated conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 7. Purchase of Allocation Shares [76850 - 76852] ( Article 7 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76851. If the Attorney General determines under Section 76850 that selling allocation rights to harvest salmon would be binding and consistent with California public policy and if an agreement for purchase of allocation rights of harvest is determined to be lawful and binding, the Director of Fish and Wildlife may, in consultation with the secretary, develop a program to authorize the transfer of the allocation rights consistent with all other state or federal laws and regulations. Upon authorization by the Director of Fish and Wildlife, the secretary may, at a price and quantity agreed to by the council, and with funds available from the council, enter into an agreement for the purchase of the allocation rights to harvest from another user holding bona fide rights to harvest stocks of salmon. (Amended by Stats. 2015, Ch. 307, Sec. 40. (AB 958) Effective January 1, 2016.)
  13. 76852.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Purchase of Allocation Shares [76850 - 76852] ( Article 7 added by Stats. 1988, Ch. 1500, Sec. 1. )

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    The council may, with the secretary, seek available federal or other funds to match council funds for purchasing allocation rights to harvest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Purchase of Allocation Shares [76850 - 76852] ( Article 7 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76852. The council, in any negotiations for the purchase of tribal allocations of rights to harvest, if any, however they may exist, may, with the secretary, seek federal or other funds as may be available to match the council funds for the purchase of allocation rights to harvest in recognition of the federal government’s responsibility to the Indian people and their resources. (Amended by Stats. 2015, Ch. 307, Sec. 41. (AB 958) Effective January 1, 2016.)
  14. 76900.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    This section requires certain salmon fishermen and handlers to pay specified fees and send those fees to 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76900. Programs and administration of the activities that are conducted pursuant to this chapter shall be funded as follows: (a) (1) Every fisherman who sells salmon to any person who is required to be licensed as a fish receiver pursuant to Section 8033 of the Fish and Game Code shall pay the fee specified in Sections 76902 and 76905 for each pound, or fraction thereof, of salmon taken and sold by the fisherman to the fish receiver. The fee shall be collected from the fisherman and remitted to the secretary by any person licensed to receive fish to whom the salmon are sold. (2) Every fisherman licensed pursuant to Section 8033.5 of the Fish and Game Code who sells salmon to the ultimate consumer shall pay the fee specified in paragraph (1) and, if handlers have become subject to this chapter pursuant to Article 9.5 (commencing with Section 76961), shall also pay the fee specified in paragraph (1) of subdivision (b) for each pound, or fraction thereof, of salmon taken and sold by the fisherman to the ultimate consumer. The fees shall be remitted to the secretary by the fisherman. (b) (1) Every handler subject to this chapter pursuant to Article 9.5 (commencing with Section 76961) shall pay the fee specified in Sections 76902 and 76905 for each pound, or fraction thereof, of salmon received from a fisherman. The fee shall be remitted to the secretary by the handler. (2) Every handler subject to this chapter pursuant to Article 9.5 (commencing with Section 76961) shall pay the fee specified in paragraph (1) and shall also pay the fee specified in paragraph (1) of subdivision (a) for each pound, or fraction thereof, of salmon that the handler has caught while conducting the activities of a commercial fisherman for his or her own processing or sale. The fees shall be remitted to the secretary by the handler. (Amended by Stats. 2015, Ch. 307, Sec. 42. (AB 958) Effective January 1, 2016.)
  15. 76901.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    Certain salmon-related persons must pay the fees required by Section 76900 to 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76901. Consistent with Section 8041 of the Fish and Game Code, the following persons shall remit the fees required by subdivision (a) of Section 76900 to the secretary: (a) Any person who is required to be licensed as a fish receiver by Section 8033 of the Fish and Game Code, and receives salmon in this state from persons conducting the activities of a commercial fisherman. (b) Any commercial fisherman licensed pursuant to Section 8033.5 of the Fish and Game Code who sells salmon to the ultimate consumer. (Amended by Stats. 2015, Ch. 307, Sec. 43. (AB 958) Effective January 1, 2016.)
  16. 76901.5.

    ## 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    Certain fee payers must keep complete records, keep them for three years, and show them immediately to the secretary or an authorized agent. Information obtained from those records is confidential unless a court orders disclosure after a hearing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76901.5. (a) Each person who is required by this chapter to collect a fee from fishermen or pay a fee as a handler shall maintain a complete and accurate record of all transactions subject to the fee. These records shall contain any information required by the secretary relating to the collection of fees, shall be preserved for a period of three years, and shall be available for review immediately upon demand by the secretary or the secretary’s duly authorized agent. (b) Any information obtained by the secretary or the secretary’s duly authorized agent from inspection or audit of records shall be confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding. (Amended by Stats. 2015, Ch. 307, Sec. 44. (AB 958) Effective January 1, 2016.)
  17. 76902.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    Fees under this article are calculated at two cents per pound of salmon in the round, unless Section 76905 says otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76902. Except as specified in Section 76905, the amount of fees due under this article shall be determined by multiplying the weight in the round of salmon by two cents ($0.02). For the purposes of establishing the weight in the round of salmon brought ashore, a conversion factor of 10 percent shall be applied to the weight of salmon brought ashore in a dressed condition. (Repealed and added by Stats. 1989, Ch. 53, Sec. 13. Effective June 22, 1989.)
  18. 76903.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    Fees under this article must be paid monthly to the secretary within 60 days after each month ends.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76903. The fees imposed under this article shall be paid monthly to the secretary within 60 days after the last day of each month. If fees are not paid within 60 days after the month for which they are due, the secretary shall collect amounts owing under the procedures prescribed for sales and use taxes provided in Chapter 5 (commencing with Section 6451) of Part 1 of Division 2 of the Revenue and Taxation Code, insofar as they may be applicable, and for those purposes, “board” means the department and “the date of which the tax became due and payable,” means that date 60 days after the month for which it is due. (Amended by Stats. 2015, Ch. 307, Sec. 45. (AB 958) Effective January 1, 2016.)
  19. 76904.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    Fish and Game Code sections 8058 to 8070 apply to claims for overpayment of fees to 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76904. Sections 8058 to 8070, inclusive, of the Fish and Game Code apply to claims for overpayment of fees to the secretary. For purposes of this section, “department,” as used in those sections, means the Department of Food and Agriculture, and “landing fee” means the fees imposed pursuant to this article. (Amended by Stats. 2017, Ch. 26, Sec. 39. (SB 92) Effective June 27, 2017.)
  20. 76904.5.

    ## 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    The secretary may consult with and make agreements with the Director of Fish and Wildlife when necessary and reasonable, and must reimburse the Department of Fish and Wildlife’s administrative costs if an agreement is established.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76904.5. The secretary may consult with and enter into agreements with the Director of Fish and Wildlife where necessary and reasonable, to assist in the administration of this chapter and in enforcing compliance with this chapter. If an agreement is established, the secretary shall reimburse the Department of Fish and Wildlife for administrative costs associated with this chapter. (Amended by Stats. 2015, Ch. 307, Sec. 47. (AB 958) Effective January 1, 2016.)
  21. 76905.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    The council may recommend a fee increase after one year from its establishment, and not before the 1990 commercial salmon season; higher recommendations trigger a vote, and the secretary may not increase any fee without majority approval from 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76905. After one year after the establishment of the council, and not before the commercial salmon season of 1990, the council may recommend to the secretary an increase over and above the two cents ($0.02) per pound fee required by Section 76902 for the council to carry out its duties under this chapter. The council shall consider the budget for the council, funding for activities conducted pursuant to Article 6 (commencing with Section 76800) and Article 7 (commencing with Section 76850), as well as the market price of salmon, landing fees imposed by the Department of Fish and Wildlife, assessments charged by marketing associations, and any other relevant factor affecting the economics of the salmon fishery. The council shall, in making any determination to increase fees, consult with marketing associations and, if the recommended increase would exceed seven cents ($0.07) per pound of salmon sold, the council shall conduct a vote of persons on the secretary’s lists established pursuant to Article 9 (commencing with Section 76950) and, if applicable, Article 9.5 (commencing with Section 76961). The secretary may not increase any fee without a majority approval of the voting members of the council. (Amended by Stats. 2017, Ch. 26, Sec. 40. (SB 92) Effective June 27, 2017.)
  22. 76906.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    Money collected by the secretary under this chapter must be deposited and used only for chapter purposes, and council expenditures must be audited at least every two years.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76906. (a) All money that is collected by the secretary pursuant to this chapter shall be deposited in any bank, or other depository that is approved by the Director of Finance, allocated to the purposes of this chapter only, and disbursed by the secretary or the council only for the necessary expenses that are incurred by the council and the secretary in carrying out this chapter, including expenses generated by the auditing requirement contained in this section. Money that is so collected shall be deposited and disbursed in conformity with appropriate auditing regulations that are prescribed by the secretary. The expenditure of the money is exempt from Sections 925.6 and 16304 of the Government Code. (b) All expenditures by the council and the secretary shall be audited at least once every two years by one of the following means: (1) By contract with a certified public accountant. (2) By contract with a public accountant holding a valid permit issued by the California Board of Accountancy. (3) By contract with a public accounting firm. (4) By agreement with the Department of Finance. (Amended by Stats. 2015, Ch. 307, Sec. 49. (AB 958) Effective January 1, 2016.)
  23. 76907.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    Money deposited under Section 76906 may be invested or reinvested by the Treasurer or the council, and related earnings must be remitted to the 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76907. Money that is deposited pursuant to Section 76906 may be invested and reinvested by the Treasurer or the council in any of the securities described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, or placed in a depository as provided in Chapter 4 (commencing with Section 16500) of Part 2 of Division 4 of Title 2 of the Government Code, and handled in the same manner as money in the State Treasury. For these purposes, the money may also be combined with funds that are determined by the secretary to be available for investment pursuant to Section 58939. Any increment that is received from investment, reinvestment, or deposit made by the Treasurer shall be remitted to the council. The Treasurer may deduct from the remittance an amount equal to the reasonable cost incurred in carrying out this section or may bill the council for the costs and the council shall pay the costs from money that is collected for it pursuant to this chapter. (Amended by Stats. 2015, Ch. 307, Sec. 50. (AB 958) Effective January 1, 2016.)
  24. 76908.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    The secretary must prepare an annual budget after consulting the council and must also prepare and submit an annual statement of expenditures to the 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76908. The secretary, after consultation with the council, shall prepare an annual budget that sets forth in reasonable detail the proposed expenditures that the secretary deems necessary for the performance by him or her and by the department of the duties that are imposed upon them by this chapter. The secretary shall also prepare and submit to the council an annual statement, in reasonable detail, of the secretary’s expenditures pursuant to this chapter. (Amended by Stats. 2015, Ch. 307, Sec. 51. (AB 958) Effective January 1, 2016.)
  25. 76909.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    The secretary may receive funds for initial expenses, and must reimburse the persons who provided those funds in the amounts 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76909. The secretary may receive funds in amounts that may be reasonable and necessary to defray the initial expenses in making effective this chapter. The secretary shall reimburse those persons from whom those funds are received in the amounts received from any funds that are received by the secretary pursuant to this article. (Amended by Stats. 2015, Ch. 307, Sec. 52. (AB 958) Effective January 1, 2016.)
  26. 76910.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. )

    Verify source ↗

    The secretary may accept contributions for this chapter’s purposes, and if the donor asks, those contributions must be kept separate and maintained separately for the council’s use.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 8. Financial Provisions [76900 - 76910] ( Article 8 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## 76910. The secretary may accept contributions to advance the purposes of this chapter. If requested by the donor, the contributions shall be segregated and separately maintained for the use of the council. (Amended by Stats. 2015, Ch. 307, Sec. 53. (AB 958) Effective January 1, 2016.)
  27. 76950.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9. Implementation and Voting Procedure for Fishermen [76950 - 76955] ( Article 9 repealed and added by Stats. 2015, Ch. 307, Sec. 55. )

    Verify source ↗

    The secretary must create and file a list of eligible commercial salmon vessel operators, and may ask handlers, operators, and the Director of Fish and Wildlife for information to help build 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 9. Implementation and Voting Procedure for Fishermen [76950 - 76955] ( Article 9 repealed and added by Stats. 2015, Ch. 307, Sec. 55. ) ## 76950. On or before August 15, 1989, the secretary shall establish a list of commercial salmon vessel operators eligible to vote on implementation of this chapter. In establishing the list, the secretary may require that handlers and commercial salmon vessel operators submit the names and mailing addresses of all commercial salmon vessel operators who harvested salmon during the previous season, as evidenced by receipts prepared under Section 8043 of the Fish and Game Code, together with the volume of salmon landed. The secretary may also request the assistance of the Director of Fish and Wildlife for the names of all commercial salmon vessel operators who landed salmon the previous season and the volume of landings for each vessel. The request for the information shall be in writing and shall be subject to the confidentiality provisions of Section 8022 of the Fish and Game Code. The list shall be filed within 30 days following receipt of the written notice. (Repealed and added by Stats. 2015, Ch. 307, Sec. 55. (AB 958) Effective January 1, 2016.)
  28. 76951.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9. Implementation and Voting Procedure for Fishermen [76950 - 76955] ( Article 9 repealed and added by Stats. 2015, Ch. 307, Sec. 55. )

    Verify source ↗

    A commercial salmon vessel operator whose name is missing from the secretary’s list may get the name added by filing a signed statement and proof of prior-year landings; being off the list does not excuse payment of 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 9. Implementation and Voting Procedure for Fishermen [76950 - 76955] ( Article 9 repealed and added by Stats. 2015, Ch. 307, Sec. 55. ) ## 76951. Any commercial salmon vessel operator whose name does not appear upon the secretary’s list of commercial salmon vessel operators affected may have his or her name established on the list by filing with the secretary a signed statement, identifying himself or herself as a commercial salmon vessel operator and furnishing evidence of having made landings the previous year through the submission of receipts prepared under Section 8043 of the Fish and Game Code. Failure to be on the list does not exempt a commercial salmon vessel operator from paying assessments under this chapter. (Repealed and added by Stats. 2015, Ch. 307, Sec. 55. (AB 958) Effective January 1, 2016.)
  29. 76952.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9. Implementation and Voting Procedure for Fishermen [76950 - 76955] ( Article 9 repealed and added by Stats. 2015, Ch. 307, Sec. 55. )

    Verify source ↗

    This chapter does not take effect unless an implementation referendum meets the stated participation and approval 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 9. Implementation and Voting Procedure for Fishermen [76950 - 76955] ( Article 9 repealed and added by Stats. 2015, Ch. 307, Sec. 55. ) ## 76952. This chapter, except as necessary to conduct an implementation referendum vote under this article, shall not become operative until the secretary finds in an implementation referendum conducted by the secretary under this article that at least 40 percent of the total number of commercial salmon vessel operators from the list established by the secretary have participated by voting in the referendum, and the secretary finds either of the following: (a) Sixty-five percent or more of the commercial salmon vessel operators who voted in the referendum voted in favor of implementing this chapter, and the commercial salmon vessel operators who voted in the referendum marketed 51 percent or more of the total quantity of salmon landed in the preceding fiscal year by all the commercial salmon vessel operators who voted in the referendum. (b) Fifty-one percent of the commercial salmon vessel operators who voted in the referendum voted in favor of implementing this chapter, and the commercial salmon vessel operators who voted in the referendum marketed 65 percent or more of the total quantity of salmon landed in the preceding fiscal year by all of the commercial salmon vessel operators who voted in the referendum. (Repealed and added by Stats. 2015, Ch. 307, Sec. 55. (AB 958) Effective January 1, 2016.)
  30. 76953.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9. Implementation and Voting Procedure for Fishermen [76950 - 76955] ( Article 9 repealed and added by Stats. 2015, Ch. 307, Sec. 55. )

    Verify source ↗

    The secretary must set the referendum period, keep it within 60 days total, and may add needed procedures. If the initial period is under 30 days, the secretary may extend 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 9. Implementation and Voting Procedure for Fishermen [76950 - 76955] ( Article 9 repealed and added by Stats. 2015, Ch. 307, Sec. 55. ) ## 76953. The secretary shall establish a period in which to conduct the implementation referendum that shall not be more than 60 days in duration, and may prescribe additional procedures as may be necessary to conduct the referendum. If the initial period established is less than 30 days, the secretary may extend that period. However, the total referendum period may not exceed 60 days. (Repealed and added by Stats. 2015, Ch. 307, Sec. 55. (AB 958) Effective January 1, 2016.)
  31. 76953.5.

    ## 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 9. Implementation and Voting Procedure for Fishermen [76950 - 76955] ( Article 9 repealed and added by Stats. 2015, Ch. 307, Sec. 55. )

    Verify source ↗

    The council’s proponents must deposit the amount set by the secretary before the referendum vote, unused funds must be returned, and the council may later reimburse certain costs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 9. Implementation and Voting Procedure for Fishermen [76950 - 76955] ( Article 9 repealed and added by Stats. 2015, Ch. 307, Sec. 55. ) ## 76953.5. (a) Before the referendum vote is conducted by the secretary, the proponents of the council shall deposit with the secretary the amount that the secretary determines is necessary to defray the expenses of preparing the necessary lists and information and conducting the referendum vote. (b) Any funds not used in carrying out this article shall be returned to the proponents of the council who deposited the funds with the secretary. (c) Upon establishment of the council, the council may reimburse the proponents of the council for any funds deposited with the secretary that were used in carrying out this article, and for any legal expenses and costs incurred in establishing the council. (d) After approval by the Commercial Salmon Trollers Advisory Committee created pursuant to Section 7862 of the Fish and Game Code, the Department of Fish and Wildlife may expend funds collected pursuant to Section 7861 of the Fish and Game Code, for payment to the secretary to pay necessary costs incurred in conducting the implementation referendum vote. If the commercial salmon vessel operators who voted in the implementation referendum voted in favor of implementing this article, as provided in Section 76952, the council shall reimburse the Commercial Salmon Stamp Account in the Fish and Game Preservation Fund all amounts received from that fund. (Amended by Stats. 2016, Ch. 86, Sec. 147. (SB 1171) Effective January 1, 2017.)
  32. 76954.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9. Implementation and Voting Procedure for Fishermen [76950 - 76955] ( Article 9 repealed and added by Stats. 2015, Ch. 307, Sec. 55. )

    Verify source ↗

    If a ballot is not received, the referendum is still valid.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9. Implementation and Voting Procedure for Fishermen [76950 - 76955] ( Article 9 repealed and added by Stats. 2015, Ch. 307, Sec. 55. ) ## 76954. Nonreceipt of a ballot shall not invalidate a referendum. (Repealed and added by Stats. 2015, Ch. 307, Sec. 55. (AB 958) Effective January 1, 2016.)
  33. 76955.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9. Implementation and Voting Procedure for Fishermen [76950 - 76955] ( Article 9 repealed and added by Stats. 2015, Ch. 307, Sec. 55. )

    Verify source ↗

    The secretary must certify and notify commercial salmon vessel operators if a favorable vote is found, and must declare the chapter inoperative if no favorable vote is found.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 9. Implementation and Voting Procedure for Fishermen [76950 - 76955] ( Article 9 repealed and added by Stats. 2015, Ch. 307, Sec. 55. ) ## 76955. (a) If the secretary finds that a favorable vote has been given, the secretary shall so certify and give notice of the favorable vote to all commercial salmon vessel operators whose names and addresses may be on file with the secretary. (b) If the secretary finds that a favorable vote has not been given, the secretary shall so certify and declare all provisions of this chapter inoperative. (Repealed and added by Stats. 2015, Ch. 307, Sec. 55. (AB 958) Effective January 1, 2016.)
  34. 76961.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9.5. Implementation and Voting Procedure for Handlers [76961 - 76967] ( Article 9.5 added by Stats. 2015, Ch. 307, Sec. 56. )

    Verify source ↗

    The secretary must create and file a list of handlers eligible to vote, and may ask handlers for salmon receipt records when doing so.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9.5. Implementation and Voting Procedure for Handlers [76961 - 76967] ( Article 9.5 added by Stats. 2015, Ch. 307, Sec. 56. ) ## 76961. On or before January 31, 2016, the secretary shall establish a list of handlers eligible to vote on whether they shall be subject to this chapter. In establishing the list, the secretary may require that handlers provide receipts of the quantity of salmon received from commercial salmon vessel operators in the previous season. The secretary may also request the assistance of the Director of Fish and Wildlife in compiling the list. The request for the information shall be in writing and shall be subject to the confidentiality provisions of Section 8022 of the Fish and Game Code. The list shall be filed within 30 days following receipt of the written notice. (Added by Stats. 2015, Ch. 307, Sec. 56. (AB 958) Effective January 1, 2016.)
  35. 76962.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9.5. Implementation and Voting Procedure for Handlers [76961 - 76967] ( Article 9.5 added by Stats. 2015, Ch. 307, Sec. 56. )

    Verify source ↗

    A handler whose name is not on the secretary’s list may file a signed statement to have the name added to the 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 9.5. Implementation and Voting Procedure for Handlers [76961 - 76967] ( Article 9.5 added by Stats. 2015, Ch. 307, Sec. 56. ) ## 76962. Any handler whose name does not appear upon the secretary’s list of handlers may have his or her name established on the list by filing with the secretary a signed statement, identifying himself or herself as a handler. Failure to be on the list does not exempt a handler from paying assessments under this chapter. (Added by Stats. 2015, Ch. 307, Sec. 56. (AB 958) Effective January 1, 2016.)
  36. 76963.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9.5. Implementation and Voting Procedure for Handlers [76961 - 76967] ( Article 9.5 added by Stats. 2015, Ch. 307, Sec. 56. )

    Verify source ↗

    This chapter does not apply to handlers unless the secretary finds referendum participation and approval 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 9.5. Implementation and Voting Procedure for Handlers [76961 - 76967] ( Article 9.5 added by Stats. 2015, Ch. 307, Sec. 56. ) ## 76963. This chapter shall not apply to handlers until the secretary finds in a referendum conducted by the secretary under this article that at least 40 percent of the total number of handlers from the list established by the secretary have participated by voting in the referendum, and the secretary finds either of the following: (a) Sixty-five percent or more of the handlers who voted in the referendum voted in favor of being subject to this chapter, and the handlers who voted in the referendum handled 51 percent or more of the total quantity of salmon landed in the preceding fiscal year by all the handlers who voted in the referendum. (b) Fifty-one percent of the handlers who voted in the referendum voted in favor of being subject to this chapter, and the handlers who voted in the referendum marketed 65 percent or more of the total quantity of salmon landed in the preceding fiscal year by all of the handlers who voted in the referendum. (Added by Stats. 2015, Ch. 307, Sec. 56. (AB 958) Effective January 1, 2016.)
  37. 76964.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9.5. Implementation and Voting Procedure for Handlers [76961 - 76967] ( Article 9.5 added by Stats. 2015, Ch. 307, Sec. 56. )

    Verify source ↗

    The secretary must set the referendum period and keep it within 60 days, and may add needed procedures or extend the period if the initial period is under 30 days.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 9.5. Implementation and Voting Procedure for Handlers [76961 - 76967] ( Article 9.5 added by Stats. 2015, Ch. 307, Sec. 56. ) ## 76964. The secretary shall establish a period in which to conduct the referendum that shall not be more than 60 days in duration, and may prescribe additional procedures as may be necessary to conduct the referendum. If the initial period established is less than 30 days, the secretary may extend that period. However, the total referendum period may not exceed 60 days. (Added by Stats. 2015, Ch. 307, Sec. 56. (AB 958) Effective January 1, 2016.)
  38. 76965.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9.5. Implementation and Voting Procedure for Handlers [76961 - 76967] ( Article 9.5 added by Stats. 2015, Ch. 307, Sec. 56. )

    Verify source ↗

    Before the referendum vote, the proponents must deposit the amount the secretary determines is needed to cover referendum preparation and voting costs. If the referendum passes, the council may reimburse those proponents for unused deposited funds and certain legal expenses and 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 9.5. Implementation and Voting Procedure for Handlers [76961 - 76967] ( Article 9.5 added by Stats. 2015, Ch. 307, Sec. 56. ) ## 76965. (a) Before the referendum vote is conducted by the secretary, the proponents of this article shall deposit with the secretary the amount that the secretary determines is necessary to defray the expenses of preparing the necessary lists and information and conducting the referendum vote. (b) Any funds not used in carrying out this article shall be returned to the proponents of this article who deposited the funds with the secretary. (c) Upon passage of the referendum, the council may reimburse the proponents of this article for any funds deposited with the secretary that were used in carrying out this article, and for any legal expenses and costs incurred in approval of this article. (Added by Stats. 2015, Ch. 307, Sec. 56. (AB 958) Effective January 1, 2016.)
  39. 76966.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9.5. Implementation and Voting Procedure for Handlers [76961 - 76967] ( Article 9.5 added by Stats. 2015, Ch. 307, Sec. 56. )

    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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 9.5. Implementation and Voting Procedure for Handlers [76961 - 76967] ( Article 9.5 added by Stats. 2015, Ch. 307, Sec. 56. ) ## 76966. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 2015, Ch. 307, Sec. 56. (AB 958) Effective January 1, 2016.)
  40. 76967.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 9.5. Implementation and Voting Procedure for Handlers [76961 - 76967] ( Article 9.5 added by Stats. 2015, Ch. 307, Sec. 56. )

    Verify source ↗

    The secretary must certify and notify handlers if a favorable vote is found, and must declare the article inoperative if no favorable vote is found.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 9.5. Implementation and Voting Procedure for Handlers [76961 - 76967] ( Article 9.5 added by Stats. 2015, Ch. 307, Sec. 56. ) ## 76967. (a) If the secretary finds that a favorable vote has been given, the secretary shall so certify and give notice of the favorable vote to all handlers whose names and addresses may be on file with the secretary. (b) If the secretary finds that a favorable vote has not been given, the secretary shall so certify and declare this article inoperative. (Added by Stats. 2015, Ch. 307, Sec. 56. (AB 958) Effective January 1, 2016.)
  41. 76971.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 10. Continuation [76971 - 76974] ( Article 10 added by Stats. 2015, Ch. 307, Sec. 57. )

    Verify source ↗

    The secretary must periodically decide, after a public hearing, whether the council program should continue in effect.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 10. Continuation [76971 - 76974] ( Article 10 added by Stats. 2015, Ch. 307, Sec. 57. ) ## 76971. (a) Between January 1, 2019, and February 28, 2019, and in the same period each five years thereafter, the secretary shall, by the public hearing procedure, and if appropriate, the procedure specified in this article, determine whether the council program provided for in this chapter shall continue in effect. (b) If the secretary finds from evidence received at the hearing that a substantial question exists as to whether the council program is contrary to or does not effectuate the declared purposes or provisions of this chapter or receives in writing a referendum petition with the signatures of 25 percent or more of the number of commercial salmon vessel operators who made landings in the previous year, as evidenced by receipts prepared under Section 8043 of the Fish and Game Code, and, if applicable, 25 percent or more of the handlers who are subject to this chapter, the council program shall be submitted to referendum as provided in this article. (Added by Stats. 2015, Ch. 307, Sec. 57. (AB 958) Effective January 1, 2016.)
  42. 76972.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 10. Continuation [76971 - 76974] ( Article 10 added by Stats. 2015, Ch. 307, Sec. 57. )

    Verify source ↗

    If the secretary thinks a referendum is appropriate, the secretary must set a referendum period of up to 30 days and send ballots statewide to commercial salmon vessel operators and, if applicable, handlers. The ballots must let voters answer yes or no on continuing the California Salmon Council for the next five fiscal years starting April 1 after 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 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 10. Continuation [76971 - 76974] ( Article 10 added by Stats. 2015, Ch. 307, Sec. 57. ) ## 76972. If the secretary determines that a referendum procedure is appropriate, the secretary shall establish a referendum period of not to exceed 30 days during which period ballots shall be submitted to every commercial salmon vessel operator and, if applicable, every handler subject to this chapter on a statewide basis. If the secretary determines that the referendum period does not provide sufficient time for the balloting, the secretary may extend the referendum for an additional period not to exceed 30 days. The ballots shall provide a “yes” or “no” voting alternative to the following question: “Shall the California Salmon Council be continued for the next five fiscal years commencing April 1, following this referendum?” (Added by Stats. 2015, Ch. 307, Sec. 57. (AB 958) Effective January 1, 2016.)
  43. 76973.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 10. Continuation [76971 - 76974] ( Article 10 added by Stats. 2015, Ch. 307, Sec. 57. )

    Verify source ↗

    If the salmon council program is put to referendum, the secretary must treat it as approved when either listed voting-and-harvest threshold is met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 10. Continuation [76971 - 76974] ( Article 10 added by Stats. 2015, Ch. 307, Sec. 57. ) ## 76973. If the council program is submitted to a referendum as provided in this article, the secretary shall find that commercial salmon vessel operators and, if applicable, handlers subject to this chapter statewide have approved the council program if the secretary finds either of the following: (a) Sixty-five percent or more of the total number of commercial salmon vessel operators and handlers, who voted in the referendum and who harvested 51 percent or more of the total amount of salmon landed during the previous fiscal year by all commercial salmon vessel operators and handlers who voted in the referendum, approve the program. (b) Fifty-one percent or more of the total number of commercial salmon vessel operators and handlers, who voted in the review referendum and who harvested 65 percent or more of the total amount of salmon landed during the previous fiscal year by all commercial salmon vessel operators and handlers who voted in the review referendum, approve the program. (Added by Stats. 2015, Ch. 307, Sec. 57. (AB 958) Effective January 1, 2016.)
  44. 76974.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 10. Continuation [76971 - 76974] ( Article 10 added by Stats. 2015, Ch. 307, Sec. 57. )

    Verify source ↗

    The chapter continues only if commercial salmon vessel operators and handlers vote for continuation under this article’s requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16. California Salmon Council [76501 - 76981] ( Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1. ) ## ARTICLE 10. Continuation [76971 - 76974] ( Article 10 added by Stats. 2015, Ch. 307, Sec. 57. ) ## 76974. (a) This chapter shall continue if commercial salmon vessel operators and handlers vote for continuation in accordance with the requirements of this article. (b) This chapter shall not continue in operation if commercial salmon vessel operators and handlers vote not to continue in accordance with the requirements of this article. (c) If commercial salmon vessel operators vote for continuation and handlers do not vote for continuation, or if handlers vote for continuation and commercial salmon vessel operators do not vote for continuation, this chapter shall continue to be operative for the group voting for continuation and shall no longer apply to the group voting against continuation. (Added by Stats. 2015, Ch. 307, Sec. 57. (AB 958) Effective January 1, 2016.)
  45. 76981.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 11. Termination [76981- 76981.] ( Article 11 added by Stats. 2015, Ch. 307, Sec. 58. )

    Verify source ↗

    If the council is voted terminated, it stays in existence long enough to give the secretary a full record of outstanding obligations, and the secretary must use the remaining money to pay obligations and, if no new salmon promotion program starts within three years, transfer leftover funds to the special account.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 11. Termination [76981- 76981.] ( Article 11 added by Stats. 2015, Ch. 307, Sec. 58. ) ## 76981. If the commercial salmon vessel operators and the handlers vote to terminate the council pursuant to Article 10 (commencing with Section 76971), the council shall remain in existence for the purpose of furnishing the secretary with a complete record of its outstanding financial obligations, accrued and to accrue. The secretary shall pay from the money deposited and disbursed any outstanding obligations and any obligations incurred by the secretary and the department under the terms and provisions of this section. Any money that remains shall be retained by the secretary to defray the expenses of formulation, issuance, administration, or enforcement of any subsequent program for salmon promotion. If no such program is undertaken within a period of three years from the date of termination of the council, that money shall be withdrawn from the approved depository and paid into the special account for enhancement and restoration programs established pursuant to Section 7861 of the Fish and Game Code. (Added by Stats. 2015, Ch. 307, Sec. 58. (AB 958) Effective January 1, 2016.)
  46. 7700.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4.5. Invasive Species Council of California [7700 - 7708] ( Part 4.5 added by Stats. 2018, Ch. 870, Sec. 3. )

    Verify source ↗

    This section creates the Invasive Species Council of California, sets its membership and meeting duty, and lets it form committees and staff support. It also defines “invasive species” and says the council must prioritize prevention, early detection, rapid response, and integrated pest management.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4.5. Invasive Species Council of California [7700 - 7708] ( Part 4.5 added by Stats. 2018, Ch. 870, Sec. 3. ) ## 7700. (a) (1) There is in state government the Invasive Species Council of California. The purpose of the council is to help coordinate a comprehensive effort to prevent the introduction of invasive species in the state and to advise state agencies, including, but not limited to, the department and the Natural Resources Agency, within their respective authorities how to facilitate coordinated, complementary, and cost-effective control or eradication of invasive species that have entered or are already established in the state. (2) In all activities of the council pursuant to this part, the council shall prioritize all of the following: (A) Exclusion and prevention practices to keep invasive species from entering the state. (B) Early detection and rapid response to keep invasive species of limited distribution from spreading in the state. (C) Integrated pest management for controlling invasive species already established in the state. (3) This part shall not prohibit the department from serving as the state’s governing authority in invasive pest and plant management, as specified in this division. (b) The Invasive Species Council of California shall consist of the following six members: (1) The secretary or their designated representative. (2) The Secretary of the Natural Resources Agency or their designated representative. (3) The Secretary for Environmental Protection or their designated representative. (4) The Secretary of Transportation or their designated representative. (5) The Secretary of California Health and Human Services or their designated representative. (6) The Director of Emergency Services or their designated representative. (c) The Secretary of the Natural Resources Agency or their designated representative and the secretary or their designee shall serve as cochairs of the council. (d) The Invasive Species Council of California shall meet annually and as needed as determined by the cochairs. (e) The secretary may designate a staff liaison to further the purposes of this part. (f) (1) The Invasive Species Council of California may establish advisory committees and ad hoc working groups, as necessary, to advise on a broad array of issues related to preventing the introduction of invasive species and providing for their control or eradication, as well as minimizing the economic, ecological, and human health impacts that invasive species cause. (2) The advisory committees and working groups may consist of representatives from state agencies, federal agencies, county agricultural commissioners, academia, nonprofit organizations, tribal nations, industry representatives, and members of the public. (g) For purposes of this section, the following definitions apply: (1) “Integrated pest management” has the same meaning as defined in Section 11401.7. (2) “Invasive species” means nonnative organisms that cause, or are likely to cause, economic or environmental harm. “Invasive species” does not include humans, domestic livestock, domestic or domesticated species exempted pursuant to Section 2118 of the Fish and Game Code, or nonharmful nonnative organisms. (Amended by Stats. 2024, Ch. 720, Sec. 1. (AB 2509) Effective January 1, 2025.)
  47. 77001.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The provision states that walnut production and handling are an important industry in the state.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77001. The production and handling of walnuts constitute an important industry of this state. This industry not only provides substantial and necessary revenues for the state and employment for its citizens, but also furnishes essential food vital to the public health and welfare. (Amended by Stats. 2006, Ch. 409, Sec. 1. Effective September 22, 2006.)
  48. 77002.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The provision states that maintaining and expanding California’s walnut industry is necessary for public supply and industry income.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77002. The maintenance and expansion of the walnut industry of California is necessary to ensure the consuming public of a continuous supply of this vital food and the maintenance of needed levels of income for those engaged in the walnut industry of this state. (Amended by Stats. 1999, Ch. 609, Sec. 9. Effective January 1, 2000.)
  49. 77003.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The section states that the public should be informed with accurate, scientific information about walnuts, including their beneficial qualities and the costs of producing and distributing 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77003. 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 walnuts and of the production and distribution costs necessary to make walnuts available to the consuming public. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  50. 77003.5.

    ## 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    This section says the California Walnut Commission is necessary to support advertising, promotion, stewardship, and efficient farming practices for the walnut 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77003.5. The establishment of the commission is necessary for the efficient development and management of a national and international advertising and promotion program that will enhance the reputation of the California walnut industry, create a more receptive environment for the industry and its products, and increase competitiveness of the California walnut industry within the national and international marketplace. The commission is necessary to carry out the California walnut industry’s commitment to responsible stewardship and increasingly efficient cultural practices. (Added by Stats. 1999, Ch. 609, Sec. 10. Effective January 1, 2000.)
  51. 77003.6.

    ## 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    This provision explains that the California walnut industry’s past success has been linked to industry-funded research, and says the commission will help maintain and enhance that research effort.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77003.6. The successes that the walnut industry of California have enjoyed have come about in part through a commitment to industry-funded research that has led to significant improvements in the quality of the walnuts available to consumers and increasingly efficient cultural practices resulting in increased awareness of, and a more receptive environment for, the production and handling of walnuts in domestic and foreign markets. It has also led to walnuts being a better consumer value. The establishment of the commission will maintain and enhance this research effort and make it possible for the walnut industry to realize its potential, resulting in increased consumer value and enhanced producer returns. (Amended by Stats. 2006, Ch. 409, Sec. 2. Effective September 22, 2006.)
  52. 77004.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    Walnut production and handling in California is declared a matter of public interest, and the chapter is adopted under the state's police power to protect public 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77004. The production and handling of walnuts 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. (Amended by Stats. 2006, Ch. 409, Sec. 3. Effective September 22, 2006.)
  53. 77005.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    Actions taken by the commission, and actions taken by individuals in line with this chapter or its rules, are not violations of certain antitrust and trade restraint 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77005. No action taken by the commission, nor by any individual in accordance with this chapter or with the rules and regulations adopted under this chapter, is a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Fair Trade Act (Chapter 3 (commencing with Section 16900) of that Part 2), the Unfair Practices Act (Chapter 4 (commencing with Section 1700) of that Part 2), or any statutory or common law against monopolies or combinations in restraint of trade. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  54. 77006.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    This chapter must be read broadly, and if part of it is invalid, the rest remains effective when it can still operate.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77006. This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  55. 77007.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The provision says commission members are intended to represent and promote the interests of the agricultural industry, and that this serves the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77007. It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of a particular agricultural industry concerned and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are elected or appointed to the commission, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  56. 77007.5.

    ## 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    This section says the walnut industry can keep growing by creating new markets, supported by advertising, promotion, and research.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77007.5. Opportunity exists for continued growth and expansion of the walnut industry by creating new markets. The success of that expansion program is uniquely dependent upon effective advertising, promotion, and research since the creation of new markets is essentially a matter of educating and informing people of the use, nutritional value, and availability of the commodity and enhancing the reputation of the California walnut industry. The expansion of the walnut industry also provides an important source of jobs for many people in this state, a high proportion of whom reside in historically depressed areas of the state, and serves to ensure the preservation of an agrarian society. (Amended by Stats. 1999, Ch. 609, Sec. 12. Effective January 1, 2000.)
  57. 77008.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. )

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    This section says the commission form of administration for walnut producers is designed to help them act collectively in market development, advertising, promotion, marketing research, public information, education, and production and processing research.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 1. Declaration and General Provisions [77001 - 77008] ( Article 1 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77008. The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of walnuts the opportunity to avail themselves of the benefits of collective action in the broad fields of development, maintenance, and expansion of markets, advertising, promotion, marketing research, public information and education, and production and processing research necessary to achieve the purposes stated in this chapter. (Amended by Stats. 1999, Ch. 609, Sec. 13. Effective January 1, 2000.)
  58. 7702.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4.5. Invasive Species Council of California [7700 - 7708] ( Part 4.5 added by Stats. 2018, Ch. 870, Sec. 3. )

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    If enough money is appropriated or transferred to the Invasive Species Account, the Invasive Species Council of California may make recommendations on invasive species projects and activities.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4.5. Invasive Species Council of California [7700 - 7708] ( Part 4.5 added by Stats. 2018, Ch. 870, Sec. 3. ) ## 7702. Upon the appropriation or transfer of adequate moneys to the Invasive Species Account, created pursuant to Section 7706, the Invasive Species Council of California may make recommendations on invasive species projects and activities, including, but not limited to, any of the following: (a) To assist state, federal, and local agencies to prevent the introduction of invasive species. (b) To relevant state agencies and departments regarding any of the following: (1) Detection, control, and eradication of invasive species, including emergency and nonemergency detection and rapid response. (2) Development and maintenance of statewide surveys and mapping of high-risk areas. (3) Improvement of inspections at state and national boundaries to prevent the introduction of invasive species. (c) To develop comprehensive reports on the ecological, agricultural, and economic impacts of invasive species. (d) To develop statewide education, outreach, and branding of invasive species. (e) To increase coordination and collaboration among invasive species partners. (f) To develop statewide invasive species action plans, including the plan required pursuant to Section 7708. (g) To host an annual California Invasive Species Summit to develop new recommendations and to coordinate invasive species activities. (h) (1) To develop a report containing activities of the Invasive Species Council of California and recommendations to improve invasive species management. (2) The council shall submit the report developed pursuant to this subdivision to the Legislature and the Governor. (3) A report to be submitted to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2018, Ch. 870, Sec. 3. (AB 2470) Effective January 1, 2019.)
  59. 77021.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77021. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  60. 77022.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. )

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    This section defines “Walnuts” as only English (Juglans regia) walnuts grown in California.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77022. “Walnuts” means only walnuts of the English (Juglans regia) varieties grown in California. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  61. 77023.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77023. “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. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  62. 77024.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. )

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    This section defines “Commission” as the California Walnut 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77024. “Commission” means the California Walnut Commission. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  63. 77026.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. )

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    This section defines “handle” or “handling” for walnuts.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77026. “Handle” or “handling” means to market, pack, sell, consign, transport, or ship, except as a common or contract carrier of walnuts owned by another person, or in any other way place walnuts, inshell or shelled, into commerce either within the area of production or from the area of production to any other point outside thereof, or for a manufacturer or retailer within the area of production to purchase directly from a producer. “Handle” or “handling” does not include sales and deliveries within the area of production by producers to handlers, or between handlers. (Repealed and added by Stats. 2006, Ch. 409, Sec. 6. Effective September 22, 2006.)
  64. 77027.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. )

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    The commission may change district boundaries if two-thirds of the full commission votes to do so and the secretary concurs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77027. (a) The districts consist of the following: (1) District 1 consists of the counties in the state that lie north of a line drawn on the south boundaries of the Counties of San Mateo, Alameda, San Joaquin, Calaveras, and Alpine. (2) District 2 consists of all other walnut producing counties in the state south of the boundary line set forth in paragraph (1). (b) The boundaries of any district may be changed by a two-thirds vote of the full commission, which is concurred in by the secretary, 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. (Amended by Stats. 1995, Ch. 727, Sec. 86. Effective January 1, 1996.)
  65. 77028.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    “Handler” means any person who handles inshell or shelled walnuts.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77028. “Handler” means any person who handles inshell or shelled walnuts. (Amended by Stats. 2006, Ch. 409, Sec. 7. Effective September 22, 2006.)
  66. 77029.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    “Pack” means to bleach, clean, grade, shell, or otherwise prepare walnuts for market as inshell or shelled walnuts.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77029. “Pack” means to bleach, clean, grade, shell, or otherwise prepare walnuts for market as inshell or shelled walnuts. (Amended by Stats. 2006, Ch. 409, Sec. 8. Effective September 22, 2006.)
  67. 77030.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. )

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    This section defines “marketing research” for walnuts.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77030. “Marketing research” means any research relating to the marketing of walnuts in domestic or foreign markets. (Amended by Stats. 1999, Ch. 609, Sec. 14. Effective January 1, 2000.)
  68. 77031.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. )

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    This section defines “marketing year” or “fiscal 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77031. “Marketing year” or “fiscal year” means the period from August 1 of any year to July 31, inclusive, of the next year. Beginning September 1, 2008, “marketing year” or “fiscal year” means the period from September 1 of any year to August 31, inclusive, of the next year. (Amended by Stats. 2006, Ch. 409, Sec. 9. Effective September 22, 2006.)
  69. 77031.5.

    ## 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. )

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    This section defines “person” for this chapter as a broad set of individuals and business entities doing business in California.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77031.5. “Person” means any individual, partnership, limited liability partnership, corporation, limited liability company, or other association or entity doing business in California. (Added by Stats. 1998, Ch. 289, Sec. 1. Effective January 1, 1999.)
  70. 77032.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    “Producer” means a person in California who grows walnuts for market and, if asked, provides proof of sale.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77032. “Producer” means any person in this state who grows walnuts for market and who, upon request, provides proof of commodity sale. “Producer” does not include any person who handles 2,000 pounds or less of walnuts during a market year. (Amended by Stats. 2006, Ch. 409, Sec. 10. Effective September 22, 2006.)
  71. 77033.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77033. “Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  72. 77034.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    “Advertising and sales promotion” includes plans aimed at increasing walnut sales in domestic or foreign markets, and such plans may not use false or unwarranted claims or disparage another commodity.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 2. Definitions [77021 - 77034] ( Article 2 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77034. “Advertising and sales promotion” means, in addition to its ordinarily accepted meaning, any plan directed toward increasing the sale of walnuts in domestic or foreign markets. No advertising or sales promotion plan shall make use of false or unwarranted claims on behalf of any product, or disparage the quality, value, sales, or use of any other commodity. (Amended by Stats. 1999, Ch. 609, Sec. 16. Effective January 1, 2000.)
  73. 7704.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4.5. Invasive Species Council of California [7700 - 7708] ( Part 4.5 added by Stats. 2018, Ch. 870, Sec. 3. )

    Verify source ↗

    The Invasive Species Council of California may create the California Invasive Species Advisory Committee, and if it does, the committee must have 19 members.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4.5. Invasive Species Council of California [7700 - 7708] ( Part 4.5 added by Stats. 2018, Ch. 870, Sec. 3. ) ## 7704. The Invasive Species Council of California may establish the California Invasive Species Advisory Committee, which shall consist of the following 19 members: (a) Four members designated by the secretary. (b) Four members designated by the Secretary of the Natural Resources Agency or his or her designated representative. (c) One member appointed by the Secretary for Environmental Protection or his or her designated representative. (d) One member appointed by the Secretary of Transportation or his or her designated representative. (e) One member appointed by the Secretary of California Health and Human Services or his or her designated representative. (f) One member appointed by the Director of Emergency Services or his or her designated representative. (g) Six members appointed by the cochairs of the Invasive Species Council of California to create a diverse makeup of federal, nonprofit organization, tribal, industry, and other representatives. (h) One member appointed by the California Agricultural Commissioners and Sealers Association. (Added by Stats. 2018, Ch. 870, Sec. 3. (AB 2470) Effective January 1, 2019.)
  74. 77051.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    This section sets out who sits on the California Walnut Commission and how 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77051. (a) There is in state government the California Walnut Commission. The commission shall be composed of eight walnut producers who are not handlers, four walnut handlers, and one public member. (b) Eight producer members, four from each district, shall be elected by producers. In accordance with procedures adopted by the commission, no more than two producers from each district who ship the largest percentage of their walnuts in the preceding marketing year to the same handler may be elected to the commission as members. Producers who ship to two or more handlers in equal percentages shall declare which handler they are affiliated with, for purposes of this section. No producer member shall be connected in a proprietary capacity with a handler. (c) In accordance with procedures adopted by the commission, four handler members shall be elected on a weighted basis by all handlers to serve on the commission. No handler member shall be connected in a proprietary capacity or in any other manner with any other handler member serving on the commission. (d) The public member shall be appointed to the commission by the secretary from nominees recommended by the commission. (e) The secretary and other appropriate individuals as determined by the commission shall be ex officio members of the commission. (Amended by Stats. 2007, Ch. 124, Sec. 4. Effective January 1, 2008.)
  75. 77052.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The secretary may order the commission to stop or fix activities or functions that are against the chapter or not in the public interest, 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77052. (a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be in the public interest or that is in violation of this chapter. (b) If the commission refuses or fails to cease these activities or functions or to make corrections required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities or functions of the commission until the time that the cessation or correction of activities or functions as required by the secretary has been accomplished by the commission. (c) Actions of the commission in violation of the written notice are without legal force or effect. The secretary, to the extent feasible, shall issue the written notice prior to the commission entering into any contractual relationship affecting the existing or proposed activities or functions that are the subject of the written notice. (d) Upon service of the written notice, the secretary shall notify the commission in writing of the specific acts that the secretary determines are not in the public interest or are in violation of this chapter and the secretary’s reasons for requiring a cessation or correction of specific existing or proposed activities or functions. The secretary may make recommendations that will make the activities or functions acceptable. (Amended by Stats. 1995, Ch. 727, Sec. 88. Effective January 1, 1996.)
  76. 77053.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission or the secretary may ask a court for judicial relief related to the secretary’s written notice or the commission’s noncompliance 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77053. The commission or the secretary may bring an action for judicial relief from the secretary’s written notice, or from noncompliance by the commission with the written notice, as the case may be, in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or other applicable relief. (Amended by Stats. 1995, Ch. 727, Sec. 89. Effective January 1, 1996.)
  77. 77054.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    When the secretary must concur in a commission decision, the secretary must respond within 15 working days by concurring, refusing to concur, or requesting more information.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77054. When the secretary is required to concur in a decision of the commission, the secretary shall concur, refuse to concur, or request additional information from the commission within 15 working days from notification of the decision. (Amended by Stats. 1995, Ch. 727, Sec. 90. Effective January 1, 1996.)
  78. 77055.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77055. The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this chapter. However, a court may, if it finds that the secretary acted arbitrarily or capriciously in restricting the activities or functions of the commission, relieve the commission of the responsibility for payment of the secretary’s legal costs with regard to that action. (Amended by Stats. 1995, Ch. 727, Sec. 91. Effective January 1, 1996.)
  79. 77056.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    Most commission members must have an alternate member elected in the same manner. The alternate serves when the member is absent and can exercise the member’s rights, privileges, and powers while serving.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77056. 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 a change in status making him or her ineligible to serve, or due to death, removal, resignation, or disqualification of a member, the alternate member shall act as a member on the commission until a qualified successor is elected or appointed. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  80. 77057.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    Vacancies for producer member or alternate producer member seats must be filled by a majority vote of the remaining producer members, and the replacement must meet the same qualifications required for that 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77057. Any vacancy on the commission occurring by the failure of any person elected to the commission as a producer member or alternate producer 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 remaining producer members of the commission. Any person filling a vacant producer member or alternate producer member position shall meet all the qualifications set forth in this article as required for the member whose office he or she is to fill. (Amended by Stats. 2006, Ch. 409, Sec. 13. Effective September 22, 2006.)
  81. 77058.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    If a handler member or alternate handler member vacancy occurs, the remaining handler members fill 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77058. Any vacancy on the commission occurring by the failure of any person elected to the commission as a handler member or alternate handler 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 remaining handler members of the commission. Any person filling a vacant handler member or alternate handler member position shall meet all the qualifications set forth in this article as required for the member whose office he or she is to fill. (Amended by Stats. 2006, Ch. 409, Sec. 14. Effective September 22, 2006.)
  82. 77059.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    If a commission vacancy occurs for certain reasons, the secretary must fill it for the rest of the term from nominees recommended by the commission, and the appointee must meet the article’s qualifications.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77059. Any vacancy on the commission occurring by the failure of the public 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 the secretary from nominees recommended by the commission. That person shall meet all the qualifications set forth in this article as required for the member whose office he or she is to fill. (Amended by Stats. 1995, Ch. 727, Sec. 92. Effective January 1, 1996.)
  83. 7706.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4.5. Invasive Species Council of California [7700 - 7708] ( Part 4.5 added by Stats. 2018, Ch. 870, Sec. 3. )

    Verify source ↗

    The section creates the Invasive Species Account and lets appropriated money be used for invasive species projects and activities.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4.5. Invasive Species Council of California [7700 - 7708] ( Part 4.5 added by Stats. 2018, Ch. 870, Sec. 3. ) ## 7706. (a) The Invasive Species Account is hereby established in the Department of Food and Agriculture Fund. Moneys in the account are available, upon appropriation by the Legislature, to the secretary for the purposes of funding invasive species projects and activities recommended by the Invasive Species Council of California. (b) Moneys in the Invasive Species Account appropriated by the Legislature for allocation by the secretary for the purposes of this part may be allocated without regard to fiscal year. (Added by Stats. 2018, Ch. 870, Sec. 3. (AB 2470) Effective January 1, 2019.)
  84. 77060.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    Producer members and alternate members on the commission must meet the stated qualification criteria and keep those qualifications throughout their term.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77060. Any producer member and his or her alternate member 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, walnuts for market. The qualifications of producer members and their alternate members shall be maintained during the entire term of office. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  85. 77061.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    Handler members and their alternates on the commission must have a financial interest in handling walnuts for market.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77061. Any handler member and his or her alternate member on the commission shall have a financial interest in handling walnuts for market. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  86. 77062.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission’s public member and alternate member have the same powers, rights, and privileges as other members, but they may not have any financial interest in the walnut 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77062. The public member and his or her alternate member on the commission shall have all the powers, rights, and privileges of any other member or alternate member, respectively, on the commission. The public member and his or her alternate member shall not have any financial interest in the walnut industry. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  87. 77063.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The provision sets commission member term lengths and limits, with a special rule for the 2006 marketing year and a four-term cap.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77063. For the 2006 marketing year, the term of office of all members of the commission, except ex officio members, shall be from the beginning of the marketing year that commences in the year of their election and until qualified successors are elected for the 2009 marketing year. Thereafter, the term of office of all members of the commission, except ex officio members, shall be two years from the beginning of the marketing year in which they are elected and until qualified successors are elected. The same selection procedure shall apply to handler members. Terms of office of each member and alternate member of the commission shall be limited to four consecutive two-year terms. (Amended by Stats. 2006, Ch. 499, Sec. 18.5. Effective January 1, 2007.)
  88. 77064.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77064. 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 prima facie evidence of the truth of all statements herein. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  89. 77065.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission has a quorum when eight voting members are present, and—except as provided in Section 77027—a motion passed by nine members present counts as the act 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77065. A quorum of the commission shall be eight voting members of the commission. Except as provided in Section 77027, a vote in favor of a motion by nine members present at a meeting shall constitute the act of the commission. (Amended by Stats. 2006, Ch. 409, Sec. 15. Effective September 22, 2006.)
  90. 77066.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77066. The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission. (Amended by Stats. 1995, Ch. 727, Sec. 94. Effective January 1, 1996.)
  91. 77067.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    Commission members may not receive a salary, but they may receive approved travel and meal expenses, except ex officio government 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77067. No member of the commission or of any committee established by the commission that may include nonmembers of the commission shall receive a salary. Except for ex officio government members, the members may receive an amount not to exceed reasonable and necessary traveling expenses and meal allowances, 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. (Amended by Stats. 2011, Ch. 97, Sec. 6. (AB 222) Effective January 1, 2012.)
  92. 77068.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    Funds received under this chapter must be deposited in banks designated by the commission, and disbursements must go through commission-designated agents. Those agents must have 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77068. All funds received by any person from the assessments levied pursuant 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. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  93. 77069.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The state and commission personnel are protected from liability for commission acts and contracts, with liability staying several rather than joint.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 3. The California Walnut Commission [77051 - 77069] ( Article 3 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77069. 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, alternate member, or any employee or agent thereof. 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, alternate member, or any employee or agent thereof. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  94. 7708.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4.5. Invasive Species Council of California [7700 - 7708] ( Part 4.5 added by Stats. 2018, Ch. 870, Sec. 3. )

    Verify source ↗

    The council must coordinate to develop a plan to cure or suppress diseases linked to invasive shot hole borers, and the department must support related efforts when the plan is completed and appropriations are available.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 4.5. Invasive Species Council of California [7700 - 7708] ( Part 4.5 added by Stats. 2018, Ch. 870, Sec. 3. ) ## 7708. (a) The Invasive Species Council of California shall coordinate with state and local public agencies, publicly funded educational institutions, and stakeholder groups to develop a plan for the cure or suppression of diseases associated with the spread of invasive shot hole borers, including, but not limited to, the Polyphagous and Kuroshio shot hole borers. (b) (1) Upon the completion of the plan required pursuant to subdivision (a), the department, subject to the availability of appropriations for those specified purposes, shall support the efforts of state and local agencies, California Native American tribes, and nonprofits to cure or suppress the diseases affiliated with the invasive shot hole borer infestation as provided in paragraph (2). (2) Support provided by the department pursuant to this section may include, but is not limited to, the following: (A) Grants to support research related to the identification of infected trees and methods to prevent further infestation. (B) Grants to state and local agencies, California Native American tribes, and nonprofits to support suppression or cure efforts. (c) No state moneys shall be awarded to a local agency pursuant to subdivision (b) unless the local agency has contributed from local resources a dollar amount that is equal to the dollar amount of state moneys to be awarded or the local agency is located in a disadvantaged community, as identified pursuant to Section 39711 of the Health and Safety Code. (Added by Stats. 2018, Ch. 870, Sec. 3. (AB 2470) Effective January 1, 2019.)
  95. 77081.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission’s powers and duties include, at a minimum, the powers and duties listed in this article.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77081. The powers and duties of the commission shall include, but are not limited to, all of those contained in this article. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  96. 77082.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission may adopt and change necessary bylaws, rules, regulations, operating procedures, and orders to carry out this chapter, and it is exempt from Government Code Chapter 3.5 when acting under this 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77082. 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. The commission is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code when acting pursuant to this section. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  97. 77083.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77083. The commission may administer and enforce this chapter and do and perform all acts and exercise all powers incidental to, or in connection with, deemed reasonably necessary for the proper or advisable implementation of this chapter. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  98. 77084.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77084. The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and any other officers as it deems necessary. The officers shall have the powers and duties delegated to them by the commission. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  99. 77085.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission may hire and retain personnel or a management firm. The secretary must notify the commission about certain misconduct and may suspend or discharge the person if the commission does not act 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77085. The commission may employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other personnel, including legal counsel, necessary to carry out this chapter. The commission may retain a management firm or the staff from any board, commission, or committee of the state or federal government to perform the functions prescribed by this section under the control of the commission. If the person engages in any conduct which the secretary determines is not in the public interest or which is in violation of this chapter, the secretary shall notify the commission of the conduct and request that corrective and, if appropriate, disciplinary action be taken by the commission. If the commission fails or refuses to correct the situation or to take disciplinary action satisfactory to the secretary, the secretary may suspend or discharge the person. (Amended by Stats. 1995, Ch. 727, Sec. 95. Effective January 1, 1996.)
  100. 77086.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission may set the compensation of 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77086. The commission may fix the compensation for all employees of the commission. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  101. 77087.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission may appoint committees made up of commission members and nonmembers to advise it.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77087. The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  102. 77088.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission may set up offices, spend money, make contracts, create liabilities, and borrow funds before assessments are received if it considers that necessary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77088. The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt of assessments as may be necessary, in the opinion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  103. 77089.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission must keep accurate books, records, and accounts, have them audited annually, report the audit summary to producers, and submit copies to the department. The secretary may also order or conduct a fiscal and compliance audit when 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77089. The commission shall keep accurate books, records, and accounts of all of its dealings which shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of the secretary. A summary of the audit shall be reported to all producers, copies of which shall also be submitted to the department. In addition, the secretary may, as he or she determines necessary, conduct or cause to be conducted a fiscal and compliance audit of the commission. (Amended by Stats. 1995, Ch. 727, Sec. 96. Effective January 1, 1996.)
  104. 77090.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission may promote walnut sales through advertising and other promotional methods.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77090. The commission may promote the sale of walnuts by brand and generic advertising and other promotional means, including tie-in advertising, for the purpose of creating, maintaining, and expanding domestic and foreign markets. (Amended by Stats. 1999, Ch. 609, Sec. 17. Effective January 1, 2000.)
  105. 77091.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission may educate and instruct wholesale and retail trade in domestic and foreign markets on proper walnut handling methods.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77091. The commission may educate and instruct the wholesale and retail trade in domestic and foreign markets with respect to proper methods of handling walnuts. (Amended by Stats. 2006, Ch. 409, Sec. 16. Effective September 22, 2006.)
  106. 77092.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77092. The commission may make market surveys and analyses. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  107. 77093.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission may present facts to and negotiate with local, state, federal, and foreign agencies about matters affecting the walnut 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77093. The commission may present facts to, and negotiate with, local, state, federal, and foreign agencies on matters that affect the walnut industry pursuant to this chapter. (Amended by Stats. 1999, Ch. 609, Sec. 19. Effective January 1, 2000.)
  108. 77094.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission may make contracts in its own name to receive or provide services and to enter other agreements it considers necessary to carry out the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77094. The commission may make, in its name, contracts to receive or render services in formulating and conducting plans and programs and any other contracts or agreements that the commission deems necessary for carrying out this chapter. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  109. 77095.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission may conduct research and hire others to do research for it, including gathering and sharing information related 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77095. The commission may conduct, and contract with others to conduct, research, including the study, analysis, accumulation, and dissemination of information obtained from the research or elsewhere, respecting this chapter. (Amended by Stats. 1999, Ch. 609, Sec. 20. Effective January 1, 2000.)
  110. 77096.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission may accept or match public or private funds and may give funds to other persons or government agencies to support the walnut 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77096. 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 maintaining, promoting, and enhancing the walnut industry pursuant to this chapter. (Amended by Stats. 1999, Ch. 609, Sec. 21. Effective January 1, 2000.)
  111. 77097.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission may collect information, including crop statistics, and may publish and distribute free bulletins or other communications to people 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77097. The commission may collect information, including, but not limited to, industry crop statistics, and may publish and distribute without charge a bulletin or other communication for dissemination of information to persons subject to this chapter. (Amended by Stats. 1999, Ch. 609, Sec. 22. Effective January 1, 2000.)
  112. 77098.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77098. The commission shall establish an assessment rate to defray operating costs of the commission. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  113. 77099.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission must adopt an annual budget using accepted accounting practices, and the secretary must concur before funds are disbursed, except for disbursements under Section 77086.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77099. The commission shall establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the secretary prior to disbursement of funds, except for disbursements made pursuant to Section 77086. (Amended by Stats. 1995, Ch. 727, Sec. 97. Effective January 1, 1996.)
  114. 77100.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77100. The commission shall submit to the secretary, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter. (Amended by Stats. 1995, Ch. 727, Sec. 98. Effective January 1, 1996.)
  115. 77101.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    Lists of producers held by the commission or secretary must be kept confidential and not disclosed unless a court order requires disclosure after a hearing in a judicial proceeding under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77101. All lists of producers in the possession of the commission or the secretary are confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding involving this chapter. (Amended by Stats. 1995, Ch. 727, Sec. 99. Effective January 1, 1996.)
  116. 77102.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 4. Powers and Duties of the Commission [77081 - 77102] ( Article 4 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77102. 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. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  117. 77121.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The secretary must create a producer voting list, require submission of producer names and mailing addresses, and may require walnut quantity information. Producers not on the list may ask to be added, and proponents or opponents may contact listed producers if they follow the secretary’s rules and pay expenses 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77121. (a) The secretary shall establish a list of producers eligible to vote on implementation of this chapter. In establishing the list, the secretary shall 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 walnuts 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 77123. 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 placed 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) Proponents and opponents of the commission may contact producers on the list in a form and manner prescribed by the secretary so long as all expenses associated with the contacts are paid in advance. (Amended by Stats. 1995, Ch. 727, Sec. 101. Effective January 1, 1996.)
  118. 77123.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    This chapter does not become operative until the secretary finds that the referendum vote meets specified participation and approval 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77123. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds in a referendum vote conducted by the secretary that at least 40 percent of the total number of producers from the list established by the secretary pursuant to this article participate, and that a majority of the producers voting in the referendum voted in favor of this chapter, and the producers so voting handled a majority of the total quantity of walnuts handled in the preceding marketing year by all those producers who voted in the referendum. (Amended by Stats. 2006, Ch. 409, Sec. 18. Effective September 22, 2006.)
  119. 77124.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The secretary must set the referendum period, which must be between 10 and 60 days, and may add needed procedures and extend the period if the initial period is under 60 days.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77124. The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days or more than 60 days in duration and may prescribe additional procedures necessary to conduct the referendum. If the initial period established is less than 60 days, the secretary may extend the period; however, the total referendum period may not exceed 60 days. (Amended by Stats. 1995, Ch. 727, Sec. 103. Effective January 1, 1996.)
  120. 77125.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    Not receiving a ballot does not make a referendum invalid.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77125. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  121. 77126.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    If the secretary determines a favorable vote was given under Section 77123, the secretary must certify it and notify all affected 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77126. If the secretary finds that a favorable vote has been given as provided in Section 77123, the secretary shall so certify and give notice of the favorable vote to all affected producers whose names and addresses are on file with the secretary. (Amended by Stats. 1995, Ch. 727, Sec. 104. Effective January 1, 1996.)
  122. 77127.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    If the secretary finds there was no favorable vote, the secretary must certify and declare the chapter inoperative. The secretary may also hold another implementation referendum at least one year after the prior 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77127. If the secretary finds that a favorable vote has not been given as provided in Section 77123, the secretary shall so certify and declare this chapter inoperative. The secretary may conduct another implementation referendum vote one year or more after the previous vote has been taken. (Amended by Stats. 1995, Ch. 727, Sec. 105. Effective January 1, 1996.)
  123. 77130.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    After the first commission election, the commission must establish nomination and election procedures with the secretary’s concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77130. 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 which shall be established by the commission with the concurrence of the secretary. (Amended by Stats. 1995, Ch. 727, Sec. 107. Effective January 1, 1996.)
  124. 77130.5.

    ## 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission must set up procedures to let persons subject to this chapter access producers on the commission’s producer list for election, referendum, or commission-related purposes, but it may not actually disclose the confidential producer 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77130.5. Subsequent to the initial implementation referendum vote and the first election of commissioners, the commission shall establish procedures for the purpose of providing persons subject to this chapter with access to producers on the commission’s list of producers for purposes related to an election or referendum or an act or determination of the commission. Access to producers shall not include actual release or disclosure of the commission’s confidential list of producers. (Added by Stats. 1995, Ch. 727, Sec. 108. Effective January 1, 1996.)
  125. 77131.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    Before the referendum vote, the commission’s proponents must deposit funds with the secretary to cover the vote’s preparation and conduct costs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 5. Implementation and Voting Procedures [77121 - 77131] ( Article 5 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77131. (a) Prior to the referendum vote conducted by the secretary pursuant to Section 77123, the proponents of the commission shall deposit with the secretary the amount that the secretary 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 77123 shall be returned to the proponents of the commission who deposited the funds with the secretary. (c) Upon establishment of the commission, the commission may reimburse the proponents of the commission for any funds deposited with the secretary that were used in carrying out Section 77123 and for any legal expenses and costs incurred in establishing the commission. (Amended by Stats. 1995, Ch. 727, Sec. 109. Effective January 1, 1996.)
  126. 77151.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission must set the next marketing year’s assessment on time, the assessment cannot exceed $0.01 per inshell pound, handlers must deduct it from producer payments and hold the funds for the commission, and no higher fee may be charged unless producers approve it under Section 77123.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77151. (a) The commission shall establish the assessment for the following marketing year not later than the first day of each marketing year or as soon thereafter as is possible. (b) The assessment shall not exceed one cent ($0.01) per inshell pound on all walnuts shipped by producers to handlers or handled by producers. (c) Assessments provided for in this section shall be levied on the producer. The handler shall deduct the assessment from amounts paid by him or her to the producer and 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. (d) A fee greater than the amount provided for in subdivision (b) may not be charged unless and until a greater fee is approved by producers pursuant to the procedures specified in Section 77123. (Amended by Stats. 2006, Ch. 409, Sec. 21. Effective September 22, 2006.)
  127. 77152.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    This chapter does not apply to home-use walnuts or to producers who handled 2,000 pounds or less in the prior marketing year; otherwise, a producer must file an affidavit with the commission, which then decides whether to approve 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77152. This chapter does not apply to the walnuts produced only for the producer’s home use and to producers who handle 2,000 pounds or less of walnuts in the preceding marketing year. However, the producer shall file an affidavit with the commission establishing that he or she has not handled walnuts. The commission shall then determine whether the affidavit should be approved. (Amended by Stats. 2006, Ch. 409, Sec. 22. Effective September 22, 2006.)
  128. 77153.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    Handlers must keep complete and accurate walnut records, keep them in simple form with commission-prescribed information, preserve them for two years, and show them for inspection on written demand.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77153. Every handler shall keep a complete and accurate record of all walnuts handled with the name of the producer whose walnuts were handled. The records shall be in simple form and contain information prescribed by the commission. The records shall be preserved by the handler for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  129. 77154.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    Proprietary information obtained by the commission or secretary from producers or handlers must be kept confidential and generally cannot be disclosed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77154. All proprietary information obtained by the commission or the secretary from producers or handlers is confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding involving this chapter. (Amended by Stats. 1995, Ch. 727, Sec. 110. Effective January 1, 1996.)
  130. 77155.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    Handlers are personally liable for paying collected assessments 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77155. Every handler shall be personally liable for the payment of collected assessments to the commission, and the failure of a handler to collect the assessment from any producer does not exempt any handler from liability. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  131. 77156.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    An assessment levied under this chapter is 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77156. 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 does not relieve the producer of the obligation to pay the assessment. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  132. 77157.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    If a producer or handler misses a required return or assessment payment, they must pay the commission a 10% penalty plus 1.5% monthly interest on the unpaid balance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77157. 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, pay 11/2 percent interest per month on the unpaid balance. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  133. 77158.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    If a handler is a corporation, its directors and officers are included as individuals, 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 6. Assessments and Records [77151 - 77158] ( Article 6 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77158. 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 and each officer of the corporation. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  134. 77171.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 7. Actions and Penalties [77171 - 77174] ( Article 7 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    It is unlawful for any person to refuse required commission reports or records, submit false reports or records, withhold walnut-handling information from the commission, or hide, destroy, or alter records that must be kept under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 7. Actions and Penalties [77171 - 77174] ( Article 7 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77171. It is unlawful for any person to do any of the following: (a) Refuse to render a report, statement, or record required by the commission. (b) Furnish a false report, statement, or record required by the commission. (c) When engaged in the handling of walnuts, fail or refuse to furnish the commission, or its duly authorized agents, information concerning the names and addresses of persons from whom walnuts have been received and the quantity so received. (d) Secrete, destroy, or alter records required to be kept under this chapter. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  135. 77172.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 7. Actions and Penalties [77171 - 77174] ( Article 7 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission must set up procedures so aggrieved individuals can get an informal hearing, appeals may be taken to the secretary, and the secretary’s determination can be judicially reviewed in superior court.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 7. Actions and Penalties [77171 - 77174] ( Article 7 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77172. 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 secretary. The determination of the secretary shall be subject to judicial review upon petition filed with the appropriate superior court. (Amended by Stats. 1995, Ch. 727, Sec. 111. Effective January 1, 1996.)
  136. 77173.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 7. Actions and Penalties [77171 - 77174] ( Article 7 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The commission can sue to collect assessments and penalties and seek injunctions or specific performance; courts must grant requested attachment or injunctive relief on the required showing, and a defendant may be barred from walnut business after a final judgment.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 7. Actions and Penalties [77171 - 77174] ( Article 7 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77173. (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 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 injunction relief. (b) A writ of attachment shall be issued pursuant to Chapter 4 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified in Section 485.010 of the Code of Civil Procedure is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or inadequate remedy at law specified in Sections 526 and 527 of the Code of Civil Procedure is not required. (c) Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business regarding walnuts 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. 1992, Ch. 868, Sec. 8. Effective January 1, 1993.)
  137. 77174.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 7. Actions and Penalties [77171 - 77174] ( Article 7 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    Ending this chapter does not erase existing or later-arising rights, duties, obligations, liabilities, violations, or the commission’s remedies.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 7. Actions and Penalties [77171 - 77174] ( Article 7 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77174. Termination of this chapter shall not affect or waive any right, duty, obligation, or liability which shall have arisen or which may thereafter arise in connection with this chapter, release or extinguish any violation of this chapter, or affect or impair any right or remedies of the commission with respect to any violation. (Added by Stats. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  138. 77191.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 8. Continuation or Suspension and Termination [77191 - 77195] ( Article 8 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The chapter becomes inoperative at the end of a marketing year if federal targeted export assistance funds have been permanently terminated, unless the producers approve continuing the commission under Section 77193 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 8. Continuation or Suspension and Termination [77191 - 77195] ( Article 8 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77191. This chapter shall become inoperative at the end of any marketing year in which targeted export assistance funds provided by the federal government have been permanently terminated, unless, pursuant to the procedures described in Section 77193, the producers approve the continuation of the commission. Funds are permanently terminated within the meaning of the previous sentence when the federal government does not provide targeted export assistance funds in three consecutive budget years. (Amended by Stats. 2012, Ch. 323, Sec. 16. (AB 2682) Effective January 1, 2013.)
  139. 77192.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 8. Continuation or Suspension and Termination [77191 - 77195] ( Article 8 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The secretary must terminate the California Walnut Commission at the end of the current marketing year if a qualifying written request is filed and the percentage 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 8. Continuation or Suspension and Termination [77191 - 77195] ( Article 8 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77192. (a) Notwithstanding Section 77191, the secretary shall terminate the commission at the end of the then current marketing year in accordance with Sections 77194 and 77195 if the secretary finds that the termination of the commission is requested in writing, within a 90-day period, by at least 51 percent of the eligible producers that produce at least 51 percent of the total volume of walnuts. (b) The person or persons originating the request shall file a written notice with the secretary in a manner that establishes the date the request is initiated. Any person may withdraw his or her name from the petition requesting the termination prior to the time the request is presented to the secretary. (c) The signatures on the petition requesting the termination need not all be appended to one sheet of paper. Each person signing the petition shall specify his or her place of business in a manner that will enable the location to be readily ascertained. (d) The petition shall bear a copy of the notice of intention to terminate. Signatures shall be secured within the time limit specified in this section. (Amended by Stats. 1995, Ch. 727, Sec. 112. Effective January 1, 1996.)
  140. 77193.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 8. Continuation or Suspension and Termination [77191 - 77195] ( Article 8 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    The secretary must periodically hold a hearing to decide whether the chapter should continue, and may have to conduct a producer referendum if a substantial question is found.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 8. Continuation or Suspension and Termination [77191 - 77195] ( Article 8 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77193. (a) Every six years, beginning in the 1992–93 marketing year, the secretary shall hold a hearing to determine whether operation of this chapter should be continued. If the secretary finds after the hearing that a substantial question exists among the producers assessed under this chapter regarding whether operation of this chapter should be continued, the secretary shall cause a referendum vote to be conducted among producers. If a referendum is required, the operation of this chapter shall continue if the secretary finds that a majority of producers voting in the referendum voted in favor of the continuation of this chapter, and those so voting handled a majority of the total quantity of walnuts handled in the preceding marketing years by all such producers voting in the referendum. (b) If the secretary finds that a favorable vote has been given, the secretary shall so certify and this chapter shall remain in operation. If the secretary finds that a favorable vote has not been given, the secretary shall so certify and declare the operation of this chapter suspended upon expiration of the then current marketing year. (Amended by Stats. 2006, Ch. 409, Sec. 23. Effective September 22, 2006.)
  141. 77194.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 8. Continuation or Suspension and Termination [77191 - 77195] ( Article 8 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    If the commission is suspended, it must wind up operations and return leftover funds pro rata, unless the amount is too small to make that practical.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 8. Continuation or Suspension and Termination [77191 - 77195] ( Article 8 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77194. 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 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, another state agency, or a federal agency which deals with the purposes of this chapter. If no program exists, the funds shall be paid into the State Treasury as unclaimed trust funds. (Amended by Stats. 1988, Ch. 160, Sec. 49.)
  142. 77195.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 8. Continuation or Suspension and Termination [77191 - 77195] ( Article 8 added by Stats. 1987, Ch. 12, Sec. 1. )

    Verify source ↗

    If the chapter is suspended, the commission must mail a copy of 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 16.5. California Walnut Commission [77001 - 77195] ( Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32. ) ## ARTICLE 8. Continuation or Suspension and Termination [77191 - 77195] ( Article 8 added by Stats. 1987, Ch. 12, Sec. 1. ) ## 77195. 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. 1987, Ch. 12, Sec. 1. Effective April 30, 1987.)
  143. 77201.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [77201 - 77207] ( Article 1 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    This section states that pepper production and marketing are an important industry in the state.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [77201 - 77207] ( Article 1 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77201. The production and marketing of peppers 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 vital to the public health and welfare. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  144. 77202.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [77201 - 77207] ( Article 1 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    This section states that maintaining California’s pepper industry is necessary to ensure a continuous supply of pepper for consumers and needed income for industry participants.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [77201 - 77207] ( Article 1 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77202. The maintenance of the pepper industry of California is necessary to assure the consuming public of a continuous supply of this vital food and the maintenance of needed levels of income for those engaged in the industry. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  145. 77203.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [77201 - 77207] ( Article 1 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The statute declares pepper production and marketing in California to be a matter of public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [77201 - 77207] ( Article 1 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77203. The production and marketing of peppers 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. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  146. 77204.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [77201 - 77207] ( Article 1 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [77201 - 77207] ( Article 1 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77204. No action taken by the commission, nor by any individual in accordance with this chapter or with the rules and regulations adopted under this chapter, is a violation of the so-called Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Fair Trade Act (Chapter 3 (commencing with Section 16900) of that Part 2), the Unfair Practices Act (Chapter 4 (commencing with Section 1700) of that Part 2), or any statutory or common law against monopolies or combinations in restraint of trade. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  147. 77205.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [77201 - 77207] ( Article 1 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    This chapter must be interpreted liberally, and if any part is invalid, the rest of the chapter can still apply where possible.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [77201 - 77207] ( Article 1 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77205. This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held to be invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  148. 77206.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [77201 - 77207] ( Article 1 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The section says commission members are meant to represent and advance the interests of the agricultural industry concerned, and treats that industry as the public generally for a specific Government Code rule.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [77201 - 77207] ( Article 1 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77206. It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of a particular agricultural industry concerned and that this representation and furtherance is intended to serve the public interest. Accordingly, the legislature finds that, with respect to persons who are elected or appointed to the commission, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  149. 77207.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [77201 - 77207] ( Article 1 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    This section says the commission form of administration created by the chapter is intended to address production research.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [77201 - 77207] ( Article 1 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77207. A commission form of administration created by this chapter is designed to deal with the broad field of production research. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  150. 77221.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77221. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  151. 77222.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    “Pepper” is defined as all types of fruit grown in California from the plant family Solanaceae, Genus Capsicum, including seed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77222. “Pepper” means all types of fruit grown in California from the plant family Solanaceae, Genus Capsicum, including seed. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  152. 77223.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    “Books and records” includes books, records, contracts, documents, memoranda, papers, correspondence, and other written data 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77223. “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. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  153. 77224.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    This section defines “Commission” as the California Pepper 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77224. “Commission” means the California Pepper Commission. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  154. 77225.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The commission must be made up of five districts, and district boundaries must be set or changed by a two-thirds vote of the full commission with the secretary’s concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77225. (a) The commission shall be composed of five districts. The boundaries of each district shall be established by a two-thirds vote of the full commission, that is concurred in by the secretary. District boundaries shall be established to reflect similar total production among the districts in order to ensure proper representation by producers. These boundaries need not coincide with county lines. (b) The boundaries of any district may be changed by a two-thirds vote of the full commission, that is concurred in by the secretary, when necessary to maintain similar total production among the districts and to ensure proper representation by producers. (Amended by Stats. 2004, Ch. 167, Sec. 1. Effective January 1, 2005.)
  155. 77226.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    A “handler” is a person marketing peppers in specified ways, but not someone handling under 100 tons of fresh peppers (or equivalent) in a 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77226. (a) “Handler” means any person engaged in marketing of peppers which the person has produced, purchased, or acquired from a producer, or is marketing on behalf of a producer whether as owner, agent, employee, broker, or otherwise. “Handler” does not include any person who handles less than 100 tons of fresh peppers, or the equivalent in dehydrated peppers or pepper seed, in a marketing year. (b) “Handle” means to engage in the business of a handler. (c) The tonnage threshold specified in subdivision (a) may be increased by a two-thirds vote of the commission. (d) The tonnage threshold specified in subdivision (a) may be decreased only if approved by referendum pursuant to Sections 77311 to 77316, inclusive. For purposes of a referendum conducted pursuant to this subdivision, the terms “producer” and “handler” in Section 77311 to 77316, inclusive, includes persons who would become subject to this chapter if the referendum is approved. (Amended by Stats. 2004, Ch. 167, Sec. 2. Effective January 1, 2005.)
  156. 77227.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    For this chapter, “market” or “marketing” means to sell peppers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77227. “Market” or “marketing” means to sell peppers. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  157. 77228.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    This section defines “production research” as cultural and biological research related to field production of peppers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77228. “Production research” means any cultural and biological research relating to field production of peppers. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  158. 77229.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    “Marketing year” or “fiscal year” means March 1 through the last day of February 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77229. “Marketing year” or “fiscal year” means the period beginning March 1 of any year and extending through the last day of February of the next year. (Amended by Stats. 2004, Ch. 167, Sec. 3. Effective January 1, 2005.)
  159. 77230.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    This section defines “producer” for the California Pepper Commission and sets acreage and tonnage thresholds that affect who is included.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77230. (a) “Producer” means any person in this state who grows peppers for market and who, upon request, provides proof of commodity sale. “Producer” does not include any person who grows less than 10 acres of peppers, or produces less than 100 tons of fresh peppers, or the equivalent in dry peppers or pepper seed, in the current marketing year. (b) The acreage and tonnage thresholds specified in subdivision (a) may be decreased only if approved by referendum pursuant to Section 77311 to 77316, inclusive. For purposes of a referendum conducted pursuant to this subdivision, the terms “producer” and “handler” in Sections 77311 to 77316, inclusive, include persons who would become subject to this chapter if the referendum is approved. (Amended by Stats. 2004, Ch. 167, Sec. 4. Effective January 1, 2005.)
  160. 77231.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 2. Definitions [77221 - 77231] ( Article 2 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77231. “Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  161. 77251.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The California Pepper Commission is established and must be composed of specified producer, handler, and public members, with optional at-large 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77251. (a) There is in the state government the California Pepper Commission. The commission shall be composed of five pepper producers, five pepper handlers, one public member, and may include two at-large members at the discretion of the commission. (b) Five producers, one from each district, shall be elected by and from producers within the respective districts. Five handlers, representing the major categories of pepper handling as determined by the commission, shall be elected by and from other qualified handlers engaged in the same activity. The determination of what the major categories of pepper handling activities are, and any subsequent change to the categories shall be made by a two-thirds vote of the full commission that is concurred in by the secretary. (c) The public member shall be appointed to the commission by the secretary from nominees recommended by the commission. (d) Two at-large members may be elected by the producers and handlers on the commission from among individuals who have a financial interest in the California pepper industry but who are not necessarily producers or handlers as defined in this article. (e) The secretary and other appropriate individuals as determined by the commission shall be ex officio members of the commission. (Amended by Stats. 2004, Ch. 167, Sec. 5. Effective January 1, 2005.)
  162. 77252.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The secretary may require the commission to stop or correct 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77252. (a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be in the public interest or that is in violation of this chapter. (b) If the commission refuses or fails to cease these activities or functions or to make corrections required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities or functions of the commission until the time that the cessation or correction of activities or functions as required by the secretary has been accomplished by the commission. (c) Actions of the commission in violation of the written notice are without legal force or effect. The secretary, to the extent feasible, shall issue the written notice prior to the commission entering into any contractual relationship affecting the existing or proposed activities or functions that are the subject of the written notice. (d) Upon service of the written notice, the secretary shall notify the commission in writing of the specific acts that the secretary determines are not in the public interest or are in violation of this chapter, the secretary’s reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and the secretary’s recommendations as to what will make the activities or functions acceptable. (Amended by Stats. 2004, Ch. 167, Sec. 5.1. Effective January 1, 2005.)
  163. 77253.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The commission or the secretary may ask a competent court for judicial relief related to the secretary’s written notice or the commission’s noncompliance with that notice.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77253. The commission or the secretary may bring an action for judicial relief from the secretary’s written notice, or from noncompliance by the commission with the written notice, as the case may be, in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or other applicable relief. (Amended by Stats. 2005, Ch. 22, Sec. 68. Effective January 1, 2006.)
  164. 77254.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    If the secretary must concur in a commission decision, the secretary must respond to the commission within 15 working days after notification. 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77254. When the secretary is required to concur in a decision of the commission, the secretary shall give 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. (Amended by Stats. 2004, Ch. 167, Sec. 5.3. Effective January 1, 2005.)
  165. 77255.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The commission must reimburse the secretary for expenditures the secretary incurs while carrying out duties under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77255. The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this chapter. However, a court may, if it finds that the secretary acted arbitrarily or capriciously in restricting the activities or functions of the commission, relieve the commission of the responsibility for payment of the secretary’s legal costs with regard to that action. (Amended by Stats. 2004, Ch. 167, Sec. 5.4. Effective January 1, 2005.)
  166. 77256.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    Commission members, except ex officio members, must have alternate members elected the same way; alternates step in when the member is absent or becomes unable to serve.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77256. Each member of the commission, except ex officio members, shall have an alternate member to be elected in the same manner as the member. Except as provided in Section 77264, an alternate member shall, in the absence of the member for whom he or she is an alternate, serve in place of the member 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 a change in status making a member ineligible to serve, or due to death, removal, resignation, or disqualification of a member, the alternate member shall act as a member on the commission until a qualified successor is elected or appointed. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  167. 77257.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    If a commission seat becomes vacant, the remaining members fill 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77257. 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 the person 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 remaining members 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. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  168. 77258.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    If a commission seat becomes vacant for specified reasons, the secretary must fill the remainder of the term from nominees recommended by the commission, 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77258. Any vacancy on the commission occurring by the failure of the public member or alternate member to continue in his or her position due to a change in status making the member ineligible to serve, or due to death, removal, resignation, or disqualification, shall be filled for the unexpired portion of the term by the secretary from nominees recommended by 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. (Amended by Stats. 2004, Ch. 167, Sec. 5.5. Effective January 1, 2005.)
  169. 77259.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    Commission producer members and alternate members must meet the stated qualification and keep it for their entire 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77259. Any producer member and his or her alternate member on the commission shall be an individual producer or an employee representing a producer who has a financial interest in producing, or causing to be produced, peppers for market. Qualifications of producer members and their alternate members shall be maintained during their entire term of office. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  170. 77260.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    Commission handler members and alternate members must have a financial interest in handling peppers for market, or work for a firm that handles peppers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77260. Any handler member and his or her alternate member on the commission shall have a financial interest in handling peppers for market, or be an employee of a firm which handles peppers. (Amended by Stats. 1991, Ch. 527, Sec. 4.)
  171. 77260.5.

    ## 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    An at-large member elected to the commission, and that member’s alternate, must have a financial interest in the California pepper industry and have the same rights and privileges as other commission members or 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77260.5. Any at-large member elected to the commission, and his or her alternate shall have a financial interest in the California pepper industry and shall have all the rights and privileges of any other member or alternate member, respectively, of the commission. (Added by Stats. 2004, Ch. 167, Sec. 6. Effective January 1, 2005.)
  172. 77261.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The commission’s public member and alternate member have the same powers, rights, and privileges as other members, and they cannot have any financial interest in the pepper 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77261. The public member and his or her alternate member on the commission shall have all the powers, rights, and privileges of any other member or alternate member, respectively, on the commission. The public member and his or her alternate member shall not have any financial interest in the pepper industry. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  173. 77262.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    Most commission members and alternate members serve three-year terms, starting February 1 after election, until successors are elected.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77262. The term of office of all members and alternate members of the commission, except ex officio members, shall be three years, beginning on the first day of February following his or her election and until qualified successors are elected. (Amended by Stats. 2004, Ch. 167, Sec. 7. Effective January 1, 2005.)
  174. 77263.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The commission is created as a corporate body and may exercise corporate powers, including suing, 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77263. 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 prima facie evidence of the truth of all statements therein. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  175. 77264.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The commission needs seven voting members for a quorum. An alternate producer or handler member may serve when a member’s alternate is absent and serving is necessary to make a quorum. Otherwise, a majority vote of members present at a quorum meeting is the commission’s act.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77264. A quorum of the commission shall be seven voting members of the commission. An alternate producer or handler member, respectively, may serve in the absence of a member if the member’s alternate is absent and the action is necessary to establish a quorum. Unless specified otherwise in this chapter, the vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the commission. (Amended by Stats. 2004, Ch. 167, Sec. 8. Effective January 1, 2005.)
  176. 77265.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The secretary or the secretary’s representative must be notified of commission and committee meetings and may attend 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77265. The secretary or his or her representative shall be notified and may attend each meeting of the commission and any committee meeting of the commission. (Amended by Stats. 2005, Ch. 22, Sec. 69. Effective January 1, 2006.)
  177. 77266.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    Commission members and certain committee members may receive limited per diem and approved travel and meal expenses, but nonmember committee members may not receive a salary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77266. 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 or each alternate member serving in place of a member, 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. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  178. 77267.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    Funds received under this chapter must be deposited in banks the commission designates, and disbursements must be made only by commission order through designated agents. Those agents must also 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77267. 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. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  179. 77268.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The state and commission personnel are generally shielded from liability for commission acts and contracts, with limited 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 3. The California Pepper Commission [77251 - 77268] ( Article 3 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77268. 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, handler, or any other person for errors in judgment, mistakes, or other acts, either of the 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, alternate member, or any employee or agent thereof. 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, alternate member, or any employee or agent thereof. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  180. 77281.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The commission’s powers and duties include all powers and duties listed in this article.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77281. The powers and duties of the commission include, but are not limited to, all of those contained in this article. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  181. 77282.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The commission may make 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77282. 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. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  182. 77283.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The commission may administer and enforce this chapter, and may do other acts and use powers reasonably necessary or advisable to carry it out.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77283. 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 this chapter. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  183. 77284.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77284. The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers shall have the powers and duties delegated to them by the commission. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  184. 77285.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The commission may hire personnel and outside support, and the secretary must notify the commission about disqualifying conduct; if the commission does not act, the secretary may suspend or discharge the person.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77285. The commission may employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other personnel, including legal counsel, necessary to carry out this chapter. The commission may retain a management firm or the staff from any board, commission, or committee of the state or federal government to perform the functions prescribed by this section under the control of the commission. If the person engages in any conduct that the secretary determines is not in the public interest or that is in violation of this chapter, the secretary shall notify the commission of the conduct and request that corrective 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 secretary, the secretary may suspend or discharge the person. (Amended by Stats. 2004, Ch. 167, Sec. 8.2. Effective January 1, 2005.)
  185. 77286.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77286. The commission may fix the compensation for all employees of the commission. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  186. 77287.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The commission may appoint committees, including 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77287. The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  187. 77288.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The commission may set up offices, spend money, make contracts, create liabilities, and borrow funds when needed 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77288. The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt of assessments as may be necessary in the opinion of the commission for the proper administration and enforcement of this chapter and the performance of its duties. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  188. 77289.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

    Verify source ↗

    The commission must keep accurate books, records, and accounts, have them audited annually, report the audit summary to producers and handlers, and send a copy to the department.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77289. The commission shall keep accurate books, records, and accounts of all of its dealings which shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of the secretary. A summary of the audit shall be reported to all producers and handlers, a copy of which shall also be submitted to the department. In addition, the secretary may, as he or she determines necessary, conduct or cause to be conducted a fiscal and compliance audit of the commission. (Amended by Stats. 2004, Ch. 167, Sec. 8.3. Effective January 1, 2005.)
  189. 77290.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77290. The commission may present facts to, and negotiate with state, federal, and foreign agencies on matters which affect this chapter. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  190. 77291.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

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    The commission may enter contracts, in its own name, to receive or provide services and to make other agreements needed 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77291. The commission may make, in its name, contracts to receive or render services in formulating and conducting plans and programs and any other contracts or agreements that the commission may deem necessary for carrying out this chapter. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  191. 77292.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

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    The commission may conduct production research and may hire others to do it.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77292. The commission may conduct, and contract with others to conduct, production research, including the study, analysis, accumulation, and dissemination of information obtained from the research or elsewhere, regarding this chapter. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  192. 77293.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

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    The commission may accept or match funds and may use contributions of funds to other persons or agencies 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77293. The commission may accept contributions 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 carrying out this chapter. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  193. 77294.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

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    The commission may publish and distribute free bulletins or other communications to inform producers and handlers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77294. The commission may publish and distribute, without charge, a bulletin or other communication for dissemination of information to producers and handlers. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  194. 77295.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77295. The commission shall establish an assessment rate to defray operating costs of the commission. (Added by Stats. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  195. 77296.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

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    The commission must prepare an annual budget using accepted accounting practices, and the secretary must concur before funds are disbursed, except for disbursements under Section 77286.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77296. The commission shall establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the secretary prior to disbursement of funds, except for disbursements made pursuant to Section 77286. (Amended by Stats. 2004, Ch. 167, Sec. 8.4. Effective January 1, 2005.)
  196. 77297.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77297. The commission shall submit to the secretary for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter. (Amended by Stats. 2004, Ch. 167, Sec. 8.5. Effective January 1, 2005.)
  197. 77298.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

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    The commission and the secretary must keep producer and handler lists confidential and not disclose them, 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77298. The commission and the secretary shall keep confidential and shall not disclose, except when required in a judicial proceeding, all lists of producers and handlers in their possession. (Amended by Stats. 2004, Ch. 167, Sec. 8.6. Effective January 1, 2005.)
  198. 77299.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. )

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    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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [77281 - 77299] ( Article 4 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77299. 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. 1988, Ch. 335, Sec. 1. Effective July 14, 1988.)
  199. 77311.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [77311 - 77320] ( Article 5 added by Stats. 1988, Ch. 335, Sec. 1. )

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    The secretary must create a voter-eligibility list for producers and handlers within 30 days, and may request identifying and production/handling information to do so.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [77311 - 77320] ( Article 5 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77311. (a) Within 30 days of the effective date of this chapter, the secretary shall have established a list of producers and handlers eligible to vote on implementation of this chapter. In establishing the list, the secretary may require that producers, handlers, and others submit the names and mailing addresses of all producers and handlers. The secretary also may require that the information provided include the quantity of peppers produced by each producer and the quantity of peppers handled by each handler, or, in the alternative, may establish procedures for receiving the information at the time of the referendum vote specified in Section 77312. The request for the information shall be in writing and shall be filed within 10 days following receipt of the request. (b) Any producer or handler whose name does not appear upon the appropriate list may have his or her name placed on the list by filing with the secretary a signed statement identifying himself or herself as a producer or handler. Failure to be on the list does not exempt the person from paying assessments and does not invalidate any industry votes conducted pursuant to this article. (c) Proponents and opponents of the commission may contact producers and handlers on the lists in a form and manner prescribed by the secretary so long as all expenses associated with the contacts are paid in advance. (Amended by Stats. 2004, Ch. 167, Sec. 8.7. Effective January 1, 2005.)
  200. 77312.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [77311 - 77320] ( Article 5 added by Stats. 1988, Ch. 335, Sec. 1. )

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    This chapter does not become operative until the secretary makes referendum findings that meet the listed producer or handler voting 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 17. California Pepper Commission [77201 - 77376] ( Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [77311 - 77320] ( Article 5 added by Stats. 1988, Ch. 335, Sec. 1. ) ## 77312. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds as follows in a referendum vote conducted by the secretary: (a) At least 40 percent of the total number of producers from the list established by the secretary pursuant to this article have participated and that either of the following has occurred: (1) Sixty-five percent of the producers who voted in the referendum voted in favor of this chapter, and the producers so voting marketed a majority of the total quantity of peppers in the preceding marketing year by all of the producers who voted in the referendum. (2) 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 peppers in the preceding marketing year by all of the producers who voted in the referendum. (b) At least 40 percent of the total number of handlers from the list established by the secretary pursuant to this article, have participated, and that either of the following has occurred: (1) Sixty-five percent of the handlers who voted in the referendum voted in favor of this chapter, and the handlers so voting handled a majority of the total quantity of peppers in the preceding marketing year by all of the handlers who voted in the referendum. (2) A majority of the handlers who voted in the referendum voted in favor of this chapter, and the handlers so voting handled 65 percent or more of the total quantity of peppers in the preceding marketing year by all of the handlers who voted in the referendum. (Amended by Stats. 2004, Ch. 167, Sec. 8.8. Effective January 1, 2005.)

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