Food and Agricultural Code — Part 43 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 43 of 48 · provisions 8,401–8,600

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

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

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Provisions of Food and Agricultural Code

Showing 200 of 9,557

  1. 78253.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. )

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    The commission must keep accurate books, records, and accounts, have them audited annually, and report the audit summary to producers and the department. The secretary may also order or conduct a fiscal and compliance audit when necessary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78253. The commission shall keep accurate books, records, and accounts of all its dealings that shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of the secretary. A summary of the audit shall be reported to all producers, and a copy of the summary shall also be submitted to the 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. 157. Effective January 1, 1996.)
  2. 78254.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. )

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    The commission may present facts to and negotiate with state, federal, and foreign agencies about matters affecting this chapter, if federal law allows 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 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78254. The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters which affect this chapter, to the extent permitted by federal law. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  3. 78255.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. )

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    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 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78255. 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. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  4. 78256.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. )

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    The commission may run or hire others to run programs for market development, asparagus sales promotion, research, and related actions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78256. The commission may conduct, and contract with others to conduct, any of the following: (a) Programs for the development, maintenance, and expansion of foreign and domestic markets, including initiating and participating in trade and tariff related hearings and proceedings. (b) Programs for promotion of asparagus sales, including marketing research and advertising and promotion. (c) Programs for production and processing research. (d) Any other programs or actions in furtherance of the production and sale of asparagus. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  5. 78257.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. )

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    The commission may accept contributions and matching public or private funds, and may spend or contribute funds to other persons or government agencies for this chapter’s purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78257. The commission may accept contributions or matching private, state, or federal funds, and employ or make contributions of funds to other persons or state or federal agencies, for purposes of this chapter. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  6. 78258.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78258. The commission may publish and distribute, without charge, bulletins and other communications for the dissemination of information to producers. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  7. 78259.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, 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 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78259. The commission shall establish an assessment rate to defray the operating costs of the commission. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  8. 78260.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. )

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    The commission must adopt an annual budget using accepted accounting practices, and the secretary must concur before funds are encumbered, except for encumbrances needed to pay commission 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 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78260. The commission shall adopt an annual budget according to accepted accounting practices. The secretary shall concur in the adoption of the budget prior to the encumbrance of funds, except for encumbrances necessary to pay the compensation of employees of the commission. (Amended by Stats. 1995, Ch. 727, Sec. 158. Effective January 1, 1996.)
  9. 78261.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. )

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    The commission must annually prepare and submit a statement of contemplated activities to the secretary for concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78261. The commission shall annually prepare and submit to the secretary, for his or her concurrence, a statement of contemplated activities authorized pursuant to this chapter. (Amended by Stats. 1995, Ch. 727, Sec. 159. Effective January 1, 1996.)
  10. 78262.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. )

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    The commission and the secretary must keep producer lists confidential and must not disclose them, except in limited court-order situations or as otherwise provided elsewhere in the code.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78262. The commission and the secretary shall keep confidential and shall not disclose, except when required by a court order after a hearing in a judicial proceeding involving this chapter and except as otherwise provided in subdivision (c) of Section 78270, all lists of producers in their possession. (Amended by Stats. 1995, Ch. 727, Sec. 160. Effective January 1, 1996.)
  11. 78263.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78245 - 78263] ( Article 4 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78263. The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations of this chapter. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  12. 78270.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. )

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    The secretary must create a producer voting list within 30 days, and may require handlers to provide producer contact details and asparagus-production quantities.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78270. (a) Within 30 days of the effective date of this chapter, the secretary shall establish a list of producers eligible to vote on the implementation of this chapter. In establishing the list, the secretary may require that handlers submit the names and mailing addresses of all known producers. The secretary also may require that the information provided include the quantity of asparagus produced by each producer or, in the alternative, may establish procedures for receiving the information at the time of the referendum vote conducted pursuant to Section 78271. The request for the information shall be in writing, and the requested information shall be filed within 10 days following receipt of the request. (b) Any producer 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. The absence of a producer’s name from the list does not exempt the producer 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 on the lists in a form and manner prescribed by the secretary if all expenses associated with the contacts are paid in advance. (Amended by Stats. 1995, Ch. 727, Sec. 161. Effective January 1, 1996.)
  13. 78271.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. )

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    The chapter does not become operative until the secretary finds the required referendum participation and voting results, and the secretary must use fresh weight to calculate asparagus quantity for the vote.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78271. (a) This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds, in a referendum vote conducted by the secretary, that at least 40 percent of the total number of producers from the list established by the secretary pursuant to this article have participated and that either 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 asparagus 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 asparagus in the preceding marketing year by all of the producers who voted in the referendum. (b) The secretary shall use fresh weight in calculating the quantity of asparagus for purposes of the voting in subdivision (a). (Amended by Stats. 1995, Ch. 727, Sec. 162. Effective January 1, 1996.)
  14. 78272.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. )

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    The secretary must set a referendum period of 10 to 60 days and may add needed procedures. If the initial period is under 60 days, the secretary may extend it up to 60 days.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78272. The secretary shall establish a period to conduct the referendum that shall not be less than 10 days nor more than 60 days in duration, and may prescribe additional procedures that may be necessary to conduct the referendum. If the initial period established is less than 60 days, the secretary may extend the period to not more than 60 days. (Amended by Stats. 1995, Ch. 727, Sec. 163. Effective January 1, 1996.)
  15. 78273.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78273. The failure of a producer to receive a ballot shall not invalidate a referendum. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  16. 78274.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    If the secretary finds a favorable vote under Section 78271, the secretary must certify it and notify all producers on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78274. If the secretary finds that a favorable vote has been given as provided in Section 78271, the secretary shall certify and give notice of the favorable vote to all producers whose names and addresses are on file with the secretary. (Amended by Stats. 1995, Ch. 727, Sec. 164. Effective January 1, 1996.)
  17. 78275.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    If the secretary finds there was no favorable vote under Section 78271, the secretary must certify this chapter as inoperative. The secretary may hold another implementation referendum vote one or more years later.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78275. If the secretary finds that a favorable vote has not been given as provided in Section 78271, the secretary shall certify and declare this chapter inoperative. The secretary may conduct another implementation referendum vote one or more years after the previous vote has been taken. (Amended by Stats. 1995, Ch. 727, Sec. 165. Effective January 1, 1996.)
  18. 78276.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    After the commission is certified, the secretary must contact producers and give election-meeting notice, and producer nominees must file a petition signed by at least three eligible producers to qualify for election.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78276. Upon certification of the commission, the secretary shall contact all producers by mail, or call meetings of producers, for the purpose of nominating and electing persons to the commission. All producers on the secretary’s list shall be given written notice of any election meetings at least 10 days before the meeting date. To be eligible for election to the commission, producer nominees shall present to the secretary a nomination petition with the signatures of at least three eligible producers. (Amended by Stats. 2013, Ch. 383, Sec. 9. (AB 1389) Effective January 1, 2014.)
  19. 78277.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78277. Subsequent to the first election of members of the commission pursuant to this chapter, persons to be elected to the commission shall be selected pursuant to nomination and election procedures that are adopted by the commission with the concurrence of the secretary. (Amended by Stats. 1995, Ch. 727, Sec. 167. Effective January 1, 1996.)
  20. 78277.5.

    ## 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 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    The commission must set up procedures to let covered persons access producer information for election, referendum, or commission action purposes, but not to 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 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78277.5. 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. 168. Effective January 1, 1996.)
  21. 78278.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    Before the referendum, the commission’s proponents must deposit money with the secretary, in an amount the secretary decides is needed for referendum 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 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78270 - 78278] ( Article 5 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78278. (a) Prior to the secretary holding the referendum pursuant to Section 78271, the proponents of the commission shall deposit with the secretary the amount that the secretary determines necessary to defray the expenses of preparing the necessary lists and information and conducting the referendum. (b) Any funds not used in carrying out Section 78271 shall be returned to the proponents of the commission who deposited the funds with the secretary. (c) Upon the establishment of the commission, the commission may reimburse the proponents of the commission for any funds deposited with the secretary that were used in carrying out Section 78271 and for any legal expenses and other costs incurred in establishing the commission. (Amended by Stats. 1995, Ch. 727, Sec. 169. Effective January 1, 1996.)
  22. 78285.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    The commission must set the next marketing year’s assessment and adopt bylaws for payment timing. Handlers must deduct the producer assessment from payments to producers and hold those funds in trust until remitted. No fee above one cent per pound may be charged unless approved under Section 78271.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78285. (a) The commission shall establish the assessment for the following marketing year not later than January 1 of each year, or as soon thereafter as possible. The commission shall adopt bylaws which establish the date for payment of the assessment. (b) The assessment shall not exceed one cent ($0.01) per pound of all sales of asparagus by producers in the marketing year. (c) The handler shall deduct the producer assessment from amounts paid by him or her to the producer and shall be a trustee of these 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 specified in subdivision (b) shall not be charged unless approved by the vote specified in Section 78271. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  23. 78286.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    This chapter does not apply to people who grow asparagus only for home use or who are not producers, but if they market asparagus they must file an affidavit with the commission showing they grow less than five acres.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78286. This chapter does not apply to any person who grows asparagus only for his or her own home use or who is not a producer. However, any such person who markets asparagus shall file an affidavit with the commission establishing that the person grows less than five acres of asparagus. The commission shall then determine whether the affidavit should be approved. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  24. 78287.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    Handlers must keep accurate asparagus records, include the producer’s name, retain the records for two years, and provide them for inspection on written demand.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78287. Every handler shall keep a complete and accurate record of all asparagus handled with the name of the producer whose asparagus was handled. The records shall be in simple form and contain information as the commission shall prescribe. The records shall be retained by the handler for two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  25. 78288.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    The commission may set disclosure conditions for producer proprietary information. Otherwise, that information is confidential and may not be disclosed except under a court order after a hearing. The commission may also disclose certain total-only, non-individual 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 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78288. (a) The commission may specify the conditions under which proprietary information obtained from producers may be disclosed. Otherwise, all proprietary information obtained by the commission or the secretary from producers is confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding involving this chapter. (b) Information on volume shipments, product value, and any other related information that is required for reports to governmental agencies, financial reports to the commission or aggregate sales and inventory information, and any other information that the commission requires that gives only totals, but excludes individual producer information, may be disclosed by the commission. (Amended by Stats. 1995, Ch. 727, Sec. 170. Effective January 1, 1996.)
  26. 78289.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    An assessment levied under this chapter becomes 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 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78289. Any assessment which is levied pursuant to this chapter is a personal debt of every producer so assessed. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  27. 78290.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    Handlers are personally liable for paying collected assessments to the commission, and failing to collect an assessment does not remove that liability or the payer’s duty.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78290. Every handler shall be personally liable for the payment of collected assessments to the commission. A failure by a handler to collect the assessment shall not exempt the handler from liability and shall not relieve any person subject to this chapter from the obligation to pay the assessment. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  28. 78291.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    Producers or handlers who miss the commission’s deadline for filing a return or paying an assessment must pay a 10% penalty and 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 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78291. Any producer or handler who fails to file a return or pay any assessment within the time required by the commission shall pay the commission a penalty of 10 percent of the amount of the assessment determined to be due and, in addition, pay 11/2 percent interest per month on the unpaid balance. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  29. 78292.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    If a handler is a corporation, its directors and officers must be included as individuals, and each may share identical liability for failure to collect or pay required 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 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78285 - 78292] ( Article 6 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78292. If the handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for failure to collect or make payment of assessments to which a corporate handler may be subject pursuant to this chapter shall include identical liability upon each individual director or officer of the corporation. (Added by Stats. 1995, Ch. 727, Sec. 171. Effective January 1, 1996.)
  30. 78295.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [78295 - 78298] ( Article 7 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    This section makes it a misdemeanor for any person to refuse, falsify, hide, destroy, or alter required commission reports or records, and for asparagus handlers to withhold required receipt 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 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [78295 - 78298] ( Article 7 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78295. It is a misdemeanor for any person to do any of the following: (a) Refuse to render a report, statement, or record required by the commission. (b) Furnish a false report, statement, or record required by the commission. (c) When engaged in the handling of asparagus, to fail or refuse to furnish the commission, or its duly authorized agents, information concerning the names and addresses of persons from whom the asparagus have been received and the quantity so received. (d) Secrete, destroy, or alter records required to be kept under this chapter. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  31. 78296.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [78295 - 78298] ( Article 7 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    The commission must set up procedures for informal hearings for people aggrieved by its actions or decisions. Those people may appeal to the secretary, and the secretary’s determination can be judicially reviewed in superior court on petition.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [78295 - 78298] ( Article 7 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78296. The commission shall adopt procedures to grant individuals aggrieved by its actions or determinations an informal hearing before the commission or before a committee of the commission designated for this purpose. Appeals from decisions of the commission may be made to the secretary. The determination of the secretary shall be subject to judicial review upon petition filed with the appropriate superior court. (Amended by Stats. 1995, Ch. 727, Sec. 172. Effective January 1, 1996.)
  32. 78297.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [78295 - 78298] ( Article 7 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    The commission may sue to collect assessments and civil penalties and to seek injunctions or specific performance. Courts must grant requested writs or injunctions on a prima facie verified showing, and the commission does not have to post bond.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [78295 - 78298] ( Article 7 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78297. (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and for obtaining injunctive relief or specific performance regarding this chapter and the regulations adopted pursuant to this chapter. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any regulation of the commission, including, but not limited to, the nonpayment of assessments or the intentional submission of false information to the commission. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief. (b) A writ of attachment shall be issued pursuant to Chapter 4 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified in Section 485.010 of the Code of Civil Procedure is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of that part, except that the showing of irreparable harm or inadequate remedy at law specified in Sections 526 and 527 is not required. (c) Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business involving asparagus until there is full compliance and satisfaction of the judgment. Upon a favorable judgment for the commission, it may receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  33. 78298.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [78295 - 78298] ( Article 7 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    If this chapter is suspended or terminated, existing or later-arising rights, duties, obligations, liabilities, and violations remain in effect, and the commission’s remedies are not impaired.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [78295 - 78298] ( Article 7 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78298. The suspension or termination of this chapter shall not affect or waive any right, duty, obligation, or liability which has arisen or which may thereafter arise in connection with this chapter, release or extinguish any violation of this chapter, or affect or impair any right or remedies of the commission with respect to any violation. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  34. 78300.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [78300 - 78305] ( Article 8 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    The commission must hold a referendum of producers in 1995, and the secretary must certify the result and either keep the chapter in effect or declare it suspended.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [78300 - 78305] ( Article 8 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78300. From January 1, 1995, to December 30, 1995, inclusive, the commission shall conduct a referendum among the producers to determine whether the operations of this chapter shall be approved and continued in effect. There is a favorable vote under this chapter if the secretary determines from the referendum that a majority of the eligible producers voting in the referendum voted in favor of continuing the operations of this chapter. If the secretary finds that a favorable vote has been given, the secretary shall so certify and this chapter shall remain effective. If the secretary finds that a favorable vote has not been given, the secretary shall so certify and declare the operations of this chapter suspended on December 31, 1995. Thereupon, operation of the commission shall be concluded and funds distributed in the manner provided in Section 78304. No bond or security shall be required for this referendum. (Amended by Stats. 1995, Ch. 727, Sec. 173. Effective January 1, 1996.)
  35. 78301.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [78300 - 78305] ( Article 8 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    The commission must conduct a referendum every fifth year after a favorable referendum, unless a petition-driven referendum is held instead.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [78300 - 78305] ( Article 8 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78301. Following a favorable referendum conducted prior to December 31, 1995, the commission shall conduct a referendum every fifth year thereafter, unless a referendum is conducted as the result of a petition filed pursuant to this article. In that case, the referendum shall be held pursuant to procedures provided in Section 78300 every fifth year following the industry petitioned referendum. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  36. 78302.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [78300 - 78305] ( Article 8 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    The commission may recommend suspending the chapter, and the secretary must run a referendum and suspend the chapter if the voting and participation thresholds are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [78300 - 78305] ( Article 8 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78302. (a) Upon a finding by a two-thirds vote of the membership of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the operation of this chapter be suspended. However, any suspension shall not become effective until the expiration of the current marketing year. (b) The secretary shall, upon receipt of the recommendation, or may, after a public hearing to review a petition filed with the secretary requesting a suspension signed by not less than 20 percent of the producers by number who produced not less than 20 percent of the volume of asparagus in the immediately preceding marketing year, hold a referendum among the producers to determine if the operations of the commission shall be suspended. However, the secretary shall not hold a referendum as a result of the petition unless the petitioner shows, by a preponderance of evidence, that the operation of this chapter has not tended to effectuate its declared purposes. (c) The secretary shall establish a referendum period that shall not be less than 10 days nor more than 60 days in duration. The secretary may prescribe additional procedures necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. The secretary shall suspend the operation of this chapter if the secretary finds that at least 40 percent of the total number of producers from the list established by the secretary have participated in the referendum and either one of the following has occurred: (1) Sixty-five percent or more of the producers who voted in the referendum voted in favor of suspension, and the producers so voting marketed a majority of the total quantity of asparagus 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 suspension, and the producers so voting marketed 65 percent or more of the total quantity of asparagus in the preceding marketing year by all of the producers who voted in the referendum. (Amended by Stats. 2004, Ch. 183, Sec. 129. Effective January 1, 2005.)
  37. 78303.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [78300 - 78305] ( Article 8 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [78300 - 78305] ( Article 8 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78303. (a) The secretary shall terminate the commission at the end of the then current marketing year if the secretary finds that the termination of the commission is requested in writing, within a 90-day period, by at least 51 percent of the eligible producers that produce at least 51 percent of the total quantity of asparagus. (b) The person or persons originating the request shall file a written notice with the secretary in a manner that establishes the date the request is initiated. Any person may withdraw his or her name from the petition requesting the termination prior to the time the request is presented to the secretary. (c) The signatures on the petition requesting the termination need not all be appended to one sheet of paper. Each person signing the petition shall specify his or her place of business in a manner that will enable the location to be readily ascertained. (d) The petition shall bear a copy of the notice of intention to terminate the commission. Signatures shall be secured within the time limit specified in this section. (Amended by Stats. 1995, Ch. 727, Sec. 175. Effective January 1, 1996.)
  38. 78304.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [78300 - 78305] ( Article 8 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    After suspension takes effect, the commission must wind up its operations and distribute any remaining funds according to the statute.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [78300 - 78305] ( Article 8 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78304. After the effective date of suspension, the operation of the commission shall be concluded and any and all funds remaining held by the commission and not required to defray the expenses of concluding and terminating operations of the commission shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding marketing year. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of the pro rata refund to these persons, any funds remaining after 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 such program exists, the funds shall be paid into the State Treasury as unclaimed trust funds. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  39. 78305.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [78300 - 78305] ( Article 8 added by Stats. 1990, Ch. 1058, Sec. 1. )

    Verify source ↗

    If the chapter’s operation is suspended, the commission must mail the suspension notice to all producers on file and to the appropriate policy committees in the Assembly and Senate.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 21. California Asparagus Commission [78201 - 78305] ( Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [78300 - 78305] ( Article 8 added by Stats. 1990, Ch. 1058, Sec. 1. ) ## 78305. Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all producers whose names and addresses are on file with the commission and to the appropriate policy committees in both the Assembly and Senate. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)
  40. 78401.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    This section gives the chapter its short title: the “California Seafood Marketing, Research, and Development Act.”

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78401. This chapter shall be known and may be cited as the “California Seafood Marketing, Research, and Development Act.” (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  41. 78402.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78402. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  42. 78403.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    “Council” means the California Seafood 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78403. “Council” means the California Seafood Council. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  43. 78404.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    “Exporter” means a person involved in exporting California-landed seafood to one or more foreign nations.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78404. “Exporter” means any person who is engaged, or who works for a person who is engaged, in the export to a foreign nation or nations of seafood landed in California. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  44. 78405.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    “Fiscal year” means April 1 through March 31 of the next year, inclusive.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78405. “Fiscal year” means from April 1 of a year to March 31, inclusive, of the next succeeding year. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  45. 78406.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    This section defines “fisherman.”

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78406. “Fisherman” means any person licensed to commercially harvest fish or shellfish pursuant to Sections 7850 to 7852, inclusive, of the Fish and Game Code who lands any species of fish or shellfish for commercial purposes included in, and not excepted from, a fishery, as defined in Section 78407, or who is the registered owner or lessee of a vessel that is used to land any species of fish or shellfish included in, and not excepted from, a fishery, as defined in Section 78407, if the registered owner or lessee has a financial interest in the fish or shellfish and pays or has assessments paid on his or her behalf. (Amended by Stats. 1996, Ch. 726, Sec. 3. Effective January 1, 1997.)
  46. 78407.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    This section defines “fishery” for the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78407. “Fishery” means: (a) Each species or group of fish or shellfish harvested in ocean waters landed in California that are treated as a unit for purposes of research, development, promotion, or marketing, except abalone, anchovy, dungeness crab, herring and herring roe, pink shrimp, salmon, sea urchins, all fish or shellfish collected for scientific experiment or aquaria, all fish classified as groundfish taken by use of trawl nets, and all tuna landed for canning in this state or for transshipment for canning in other states or nations. (b) Any economic activity involving the harvesting, receiving, processing, manufacturing, or distributing of fish or shellfish described in, and not excepted by, subdivision (a) and products therefrom. (c) Each species or group of fish or shellfish excepted by subdivision (a) or any other species of fish or shellfish landed in California after the addition of the fishery for that species of fish or shellfish pursuant to Section 78582. (Amended by Stats. 1996, Ch. 726, Sec. 4. Effective January 1, 1997.)
  47. 78408.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    This section defines “handler” for the California Seafood Council law.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78408. “Handler” means any of the following: (a) A processor engaged in the California fishery. (b) A receiver engaged in the California fishery. (c) A wholesaler engaged in the California fishery. (d) An exporter engaged in the California fishery. (e) A person is licensed or who works for any person who is licensed pursuant to subdivision (a) of Section 8032 of the Fish and Game Code and engaged in the California commercial fisheries. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  48. 78409.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    This section defines “marketing association.”

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78409. “Marketing association” means any commercial fishermen’s organization established on either a local, county, or statewide level, incorporated in this state, to enable fishermen to collectively negotiate and issue orders and agreements with receivers for the purchase of their catches, or to otherwise engage in activities permitted of agricultural cooperatives, and whose members are involved in the California commercial fisheries. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  49. 78410.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    “Person” means the same thing as in Section 38.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78410. “Person” has the same meaning as that term is defined by Section 38. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  50. 78411.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    This section defines “processor” for the California Seafood Council 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78411. “Processor” means any person who is licensed or who works for any person who is licensed pursuant to Section 8034 of the Fish and Game Code and engaged in the California commercial fisheries. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  51. 78412.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    “Receiver” is defined as a licensed person, or someone working for a licensed person, who is engaged in California commercial fisheries.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78412. “Receiver” means any person who is licensed or who works for a person who is licensed pursuant to Section 8033 of the Fish and Game Code and engaged in the California commercial fisheries. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  52. 78413.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    This section defines “wholesaler” 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78413. “Wholesaler” means any person who is licensed or who works for a person who is licensed pursuant to Section 8035 of the Fish and Game Code and engaged in the California commercial fisheries. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  53. 78414.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    This section defines “ex-vessel price” as the price paid to fishermen for fish or shellfish by receivers at the point of first 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78414. “Ex-vessel price” means the price paid to fishermen for fish or shellfish by receivers at the point of first sale. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  54. 78415.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    “Sponsor” is defined as a non-council person or company that supports and wants to contribute to council programs under Section 78563.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 1. Short Title and Definitions [78401 - 78415] ( Article 1 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78415. “Sponsor” means a person or company that is not a member of the council but who supports and wishes to contribute to programs established by the director on behalf of the council for a specified voluntary contribution and benefit, as authorized by Section 78563. (Added by Stats. 1993, Ch. 1172, Sec. 3. Effective January 1, 1994.)
  55. 78425.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 2. General Provisions [78425 - 78430] ( Article 2 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The Legislature states that this chapter is enacted under the state’s police power to protect and promote public health and welfare.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 2. General Provisions [78425 - 78430] ( Article 2 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78425. The Legislature finds and declares that this chapter is enacted in the exercise of the police power of this state for the purposes of protecting and furthering the public health and welfare. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  56. 78426.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 2. General Provisions [78425 - 78430] ( Article 2 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The Legislature declares California’s fisheries are a matter of public interest because they support jobs, revenue, food supply, and public health.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 2. General Provisions [78425 - 78430] ( Article 2 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78426. The Legislature further finds and declares that the fisheries of this state are affected with a public interest, in that, among other things: (a) The harvesting, processing, manufacturing, and distributing of fishery products constitute a paramount industry of this state, which not only provides substantial and required revenues for the state and its political subdivisions and employment and a means of livelihood for many residents, but which also furnishes essential foods that are vital to the public health and welfare. (b) It is through commercial fishermen and receivers that more than 90 percent of this state’s citizens have access to these healthful foods which are resources that belong to all of the residents of the state and country. (c) The stabilization, maintenance, and expansion of the California commercial fisheries, and of the state, nationwide, and foreign markets for its products are necessary to ensure the consuming public access to, and an adequate supply of foods which are indispensable in, a proper human diet, to protect, for the state and its political subdivisions, a necessary source of tax revenue, to provide and maintain an adequate standard of living for a segment of the population of this state, to maintain proper wage scales for those engaged in the California commercial fisheries, and to maintain existing employment. (d) The essentiality of fish, low in fat and calories, to proper human nutrition and to the maintenance of a high level of public health is such as to require that the public be made thoroughly aware thereof, and be protected against misrepresentation and deception, through the dissemination of accurate and scientific information relative to the healthful qualities of fishery and seafood products, their various classifications and the food values and industrial and medicinal uses thereof, the methods, care, and precautions necessary to their proper harvesting, processing, manufacturing, and distributing, and the necessary costs and expenses thereof, and the necessity and desirability on the part of the public of using and consuming fishery products of the highest standards of quality. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  57. 78427.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 2. General Provisions [78425 - 78430] ( Article 2 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    This section states the purposes of the chapter, including promoting California seafood, supporting the seafood industry, authorizing the secretary to run education and sales programs, and funding administration and enforcement through mandatory fees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 2. General Provisions [78425 - 78430] ( Article 2 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78427. The Legislature declares that the purposes of this chapter are as follows: (a) To enable the seafood industry, with the aid of the state, to educate the public on the nutritional and economic value and importance of California seafood and the fishing industry and to develop, maintain, and expand the state, nationwide, and foreign markets for seafood products that are harvested, processed, manufactured, sold, or distributed in this state. (b) In aid, but not in limitation, of the purposes in subdivision (a), to authorize and enable the secretary to formulate and effectuate, directly or in cooperation with other agencies, organizations, and other instrumentalities , sales stimulation and consumer or other educational and research programs, designed to inform the public about California seafood and to increase the use and consumption of seafood and seafood products landed in California. (c) To promote the continued viability of fisheries and thereby promote continued access to California’s seafood resources. (d) To present facts to and negotiate with state, federal, and other agencies on matters that affect the availability and marketing of California seafood. (e) To provide funds for the administration and enforcement of this chapter by the collection of mandatory fees in the manner prescribed in this chapter. (Amended by Stats. 1996, Ch. 726, Sec. 5. Effective January 1, 1997.)
  58. 78428.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 2. General Provisions [78425 - 78430] ( Article 2 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    This chapter must be interpreted liberally.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 2. General Provisions [78425 - 78430] ( Article 2 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78428. This chapter shall be liberally construed. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  59. 78429.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 2. General Provisions [78425 - 78430] ( Article 2 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 2. General Provisions [78425 - 78430] ( Article 2 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78429. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  60. 78430.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 2. General Provisions [78425 - 78430] ( Article 2 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Violating this chapter is a misdemeanor.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 2. General Provisions [78425 - 78430] ( Article 2 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78430. A violation of this chapter is a misdemeanor. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  61. 78450.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 3. Administration [78450 - 78452] ( Article 3 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 3. Administration [78450 - 78452] ( Article 3 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78450. The director shall administer and enforce this chapter, and may exercise any of the administrative powers which are conferred by Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code upon a head of a department. In order to effectuate the declared purposes of this chapter, the director may contract to carry out the declared intent and purposes of this chapter. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  62. 78451.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 3. Administration [78450 - 78452] ( Article 3 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The director may adopt regulations for administering and enforcing this chapter if recommended by the council and consistent with the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 3. Administration [78450 - 78452] ( Article 3 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78451. Upon recommendation by the council, the director may adopt, consistent with this chapter, any regulations relating to the administration and enforcement of this chapter necessary to carry out the purposes and attain the objectives of this chapter. However, the director shall not engage in any seafood education, research, or promotion activity without the approval of a majority of the voting members of the council. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  63. 78452.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 3. Administration [78450 - 78452] ( Article 3 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    After regulations are adopted, the director must post a copy on a bulletin board in the director’s office and mail notice copies to affected commercial fishermen, receivers, and anyone who requested notice. The regulation does not take effect until five days after posting and mailing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 3. Administration [78450 - 78452] ( Article 3 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78452. Upon the adoption of any regulations under this chapter, a copy of the regulations shall be posted on a bulletin board which shall be maintained by the director in his or her office. The director shall mail a copy of the notice of the adoption of the regulations to commercial fishermen and every receiver that is directly affected by the regulations whose name and address is on file in the office of the director and to every person who files in the office of the director a written request for that notice. No regulation shall become effective until five days after the date of that posting and mailing. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  64. 78475.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    This section creates the California Seafood Council and sets its membership structure.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78475. There is in the State of California the California Seafood Council. The council shall be composed of not less than 11 voting members and their alternates, and six nonvoting members. The number of voting members shall be adjusted in accordance with subdivision (e) of Section 78476. The council may include nonvoting, ex officio members representing interests allied to California’s fishing industry upon recommendation of the executive committee of the council and approval by the secretary. (Amended by Stats. 1996, Ch. 726, Sec. 6. Effective January 1, 1997.)
  65. 78476.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The secretary appoints the council’s voting members, and the membership must include specified categories of 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78476. The voting members of the council shall be appointed by the secretary, giving due consideration to proper geographic distribution. The voting members shall include: (a) Four receivers or processors or their representatives, and their alternates. (b) Five fishermen who are licensed commercial fishing vessel owners, commercial fishermen or their representatives, and their alternates. The fishermen appointed pursuant to this subdivision shall each represent the users of one of the following types of fishing gear: (1) Gill and trammel nets. (2) Hook and line. (3) Trawl nets. (4) Round-haul nets. (5) Traps. (c) One representative of a handler who is an exporter or a wholesaler, and an alternate. (d) One public member, and an alternate. (e) One representative of fishermen and receivers, or his or her representative, and his or her alternate, for each fishery described in subdivision (c) of Section 78407, commencing with the favorable vote in a referendum relating to that fishery. If the species to be included is taken by one of the gear types specified in subdivision (b), such as “groundfish trawl nets,” the species and gear type shall be added to the list of fishing gear types in subdivision (b) by regulation adopted by the secretary. If the gear type is not specifically listed in subdivision (b), it shall be included in the list by regulation adopted by the secretary upon a favorable vote in a referendum, a request from the new gear group, and a recommendation by the council. (Amended by Stats. 1996, Ch. 726, Sec. 7. Effective January 1, 1997.)
  66. 78477.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    If the voting outcome under Section 78577 is split in a specified way, the council must be implemented with either seven members or eight 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78477. (a) If, pursuant to Section 78577, the receivers vote in favor of the council and the fishermen do not, the council shall be implemented with seven members and the number of fishermen representatives appointed pursuant to subdivision (b) of Section 78476 shall be reduced to one, and the alternate. (b) If, pursuant to Section 78577, the fishermen vote in favor of the council and the receivers do not, the council shall be implemented with eight members and the number of receiver or processor representatives appointed pursuant to subdivision (a) of Section 78476 shall be reduced to one, and the alternate. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  67. 78478.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The director must select the public member and alternate from a list submitted by council members; fishermen and industry representatives are also selected from nominee lists.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78478. (a) The fishermen and their alternates shall be selected from lists of nominees submitted by marketing associations and any organization deemed by the director to represent the majority of organized California commercial fishermen harvesting species of fish and shellfish included under this chapter and from nominations by individual fishermen. (b) The receivers, processors, wholesalers, or exporters and their alternates shall be selected from lists of nominees submitted by an organization deemed by the director to represent the majority of those organized groups in the state, and from individual receivers, processors, wholesalers, and exporters. (c) The public member and alternate shall be selected by the director from a list submitted by the receiver, handler, and fishermen members of the council. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  68. 78479.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Voting members of the council are appointed to three-year terms, with a special appointment schedule in the council’s first year.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78479. The voting members of the council shall each be appointed to a three-year term, except that in the first year of the council, four members shall be appointed to one-year terms; four members shall be appointed to two-year terms; and three shall be appointed to three-year terms. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  69. 78480.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    This section sets the term lengths for voting members of the California Seafood Council after a qualifying vote in favor of 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78480. If, pursuant to Section 78577, either the fishermen or the receivers, but not both, vote in favor of the council, the voting members of the council shall each be appointed to a three-year term, except in the first year of the council when three members shall be appointed to one-year terms, three members shall be appointed to two-year terms, and the remaining members shall be appointed to three-year terms. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  70. 78481.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78481. The term of office of a member of the council shall begin on April 1 and expire on March 31. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  71. 78482.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The director must fill a council vacancy during an unexpired term from eligible nominees. Council members and alternates cannot serve more than two consecutive three-year terms.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78482. Any vacancy in the membership of the council which occurs during the unexpired term shall be filled by the director for the unexpired term from the eligible nominees. No council member or alternate shall serve more than two consecutive three-year terms. Service as an alternate does not disqualify a person to then serve two additional terms as a member, and a member who was appointed for a one-year or a two-year term may serve two additional three-year terms. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  72. 78483.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The director may remove a council member or alternate for cause.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78483. The director may remove any member of the council or alternate for cause, and, upon that removal, there is a vacancy which shall be filled in the manner provided in Section 78482. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  73. 78484.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The director must notify specified marketing associations and organizations about upcoming vacancies by January 31 each year, and may also issue press releases and public statements seeking nominations.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78484. The director shall give notice, not later than January 31 of each year, of the vacancies that will exist upon the expiration of terms on March 31, in writing, to all marketing associations and organizations deemed by the director to represent the majority of organized fishermen, or receivers, processors, wholesalers, and exporters, and shall issue any press releases and public statements requesting nominations that the director deems appropriate. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  74. 78485.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Nominations must be mailed to the director in Sacramento, and the director may consider only nominations postmarked no later than March 1. Each nomination must include specified identifying and qualification details.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78485. (a) The notice requesting nominations shall indicate that nominations shall be mailed to the director at his or her office in Sacramento and that the director will consider nominations received by mail postmarked no later than March 1. (b) Each nomination shall set forth all of the following information: (1) The name and address of the nominee. (2) Whether the nominee is being nominated as a member or alternate member. (3) The type of category for which the nominee is being nominated. (4) The list of qualifications and supporters, if any, for the nominee. (5) The name and address of the nominating association, organization, or individual. (Amended by Stats. 1991, Ch. 615, Sec. 2. Effective October 8, 1991.)
  75. 78486.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The secretary may appoint one nonvoting council member for each listed entity.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78486. One nonvoting member of the council may be appointed by the secretary to represent each of the following entities: (a) The department. (b) The Department of Fish and Game. (c) The California Sea Grant Program. (d) The State Department of Health Services. (Amended by Stats. 2004, Ch. 225, Sec. 13. Effective August 16, 2004.)
  76. 78487.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Nonvoting council members have no fixed term, and agencies listed in Section 78486 may choose an alternate for their representative.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78487. There is no fixed term for nonvoting members of the council. The agencies listed in Section 78486 may select an alternate for their representative. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  77. 78488.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78488. A majority of the voting members of the council shall constitute a quorum for the transaction of all business, including the election of officers. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  78. 78489.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The council must annually choose a president, vice president, and treasurer from its voting members, and the immediate past president serves as president emeritus.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78489. (a) The council shall select annually from its voting number, to serve at its pleasure, a president, vice president, and treasurer. The immediate past president shall serve as the president emeritus of the council. (b) The president, vice president, treasurer, and president emeritus, together with three other voting members, selected annually by the council, shall constitute the executive committee of the council. The executive committee may exercise any powers of the council that the council delegates to the executive committee. (Amended by Stats. 1996, Ch. 726, Sec. 9. Effective January 1, 1997.)
  79. 78490.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The council must hold at least two regular meetings each year, and may hold special meetings when called by the president or requested in writing by five council 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78490. The council shall hold at least two regular meetings in each year at times and places that are fixed by the council. The council may meet in special meetings at any time and place at the call of the president or upon the written request of five members of the council. The executive committee may meet at any time and place at the call of the president or on call of a majority of the members of the executive committee. (Amended by Stats. 1996, Ch. 726, Sec. 10. Effective January 1, 1997.)
  80. 78491.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Council voting members, nonvoting members, and alternates are entitled to per diem and expense reimbursement under the stated conditions, subject to secretary approval in some cases.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78491. The voting members of the council shall receive forty dollars ($40) per day per diem for each day spent in actual attendance at the meetings or on the business of the council and shall be reimbursed for necessary traveling and other expenses incurred in the performance of their official duties, as approved by the secretary. Nonvoting members shall be reimbursed for necessary traveling and other expenses, as approved by the secretary, at the same rate as voting members if the agency they represent does not reimburse them for those expenses. Alternates shall be reimbursed for traveling and other expenses, as approved by the secretary, and shall receive per diem at the same rate as voting members for meetings which they attend. Any member may refuse to accept per diem or expenses, or any portion thereof, to which he or she is entitled. (Amended by Stats. 1996, Ch. 726, Sec. 11. Effective January 1, 1997.)
  81. 78492.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Council members generally cannot receive per diem for more than seven days per month, except executive committee members; the chairperson may receive per diem for up to 10 days per month.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78492. No member of the council, except a member of the executive committee, shall receive per diem for more than seven days per month, except the chairperson, who may receive per diem for not more than 10 days per month. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  82. 78493.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The director may require council employees or agents to provide a fidelity bond.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78493. The director may require any employee or agent of the council to give a fidelity bond, executed by a surety company which is authorized to do business in this state, in favor of the director, in the sum, and containing any terms and conditions, that the director may prescribe. The cost of the fidelity bonds of employees or agents of the council shall be paid from the funds which are collected pursuant to this chapter. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  83. 78494.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78494. No member or employee of the council shall be held responsible individually to any person for liability on any contract or agreement of the council. All salaries, expenses, costs, obligations, and liabilities which arise out of the administration and enforcement of this chapter are payable only from funds which are collected pursuant to this chapter. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  84. 78495.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    An alternate council member must serve as a voting member when the regular member is absent, and while serving gets the member’s powers, duties, liabilities, and immunities, except for chair or vice chair 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78495. 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 does not attend any meeting of the council. 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 perform the functions of those offices. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  85. 78496.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The section says that council appointees who represent the listed seafood-industry groups are treated as representing the public generally for purposes of Government Code Section 87103.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 4. California Seafood Council [78475 - 78496] ( Article 4 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78496. The Legislature finds and declares that fishermen, receivers, processors, wholesalers, or exporters appointed to the council pursuant to this article are intended to represent and further the interest of the California commercial fisheries industry, 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. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  86. 78500.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 5. Powers and Duties [78500 - 78504] ( Article 5 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The council’s duties are advisory, but the secretary can delegate duties to it; with approval, the council may exercise delegated powers and perform listed tasks.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 5. Powers and Duties [78500 - 78504] ( Article 5 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78500. 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) To recommend to the secretary regulations that relate to the administration and enforcement of this chapter. (b) To investigate all matters that affect the administration of this chapter, and to report violations of this chapter to the secretary. (c) To employ and, at its pleasure, discharge, a manager and any other employees it deems necessary, and to prescribe their duties and powers and fix their compensation. (d) To contract for the services of any person. (e) To establish offices and incur expenses incidental thereto. (f) To make contracts and other agreements to research, develop, market, and promote the sale of seafood and seafood products from fisheries, as defined in Section 78407, and landed in California, on either a local, state, national, or international basis. (g) (1) To cooperate with any other local, state, or national commission, organization, or agency, whether voluntary or created by state or federal law, which is 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, communication, research, publicity, and advertising. (2) To 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 seafood and seafood products from fisheries, as defined in Section 78407, and landed in California. (3) In matters of research, to cooperate with organizations of recognized professional standing that are adequately equipped with facilities for the research that is contemplated. (h) To recommend or contract for scientific research to effectuate the declared purposes of this chapter. (i) To recommend or contract for the development of voluntary product quality standards. (j) To promote accurate labeling of California seafood as a means to educate consumers and the public about the benefits of California seafood. (k) To receive, invest, and disburse funds pursuant to Article 7 (commencing with Section 78550). (l) To allocate funds to agencies not specifically or solely engaged in carrying on research or promotion for seafood, if the council and the secretary are satisfied that those allocations will be beneficial to the California commercial fisheries and will tend to effectuate the declared purposes of this chapter. (m) To establish and regulate the permissive use of an official brand, service mark, trade name, label, or other distinctive designation of grade, quality, condition, or other promotional or educational description. Permissive use of any such official designation shall be limited to producers, handlers, or other persons designated by the council who are in compliance with all regulations or rules established by the council for use of the designation. Any designation established pursuant to this section shall not be construed as a private brand or trade name. (Amended by Stats. 1996, Ch. 726, Sec. 12. Effective January 1, 1997.)
  87. 78501.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 5. Powers and Duties [78500 - 78504] ( Article 5 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The council must keep necessary books, records, and accounts, and those records must be open to inspection and audit by the director at all times.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 5. Powers and Duties [78500 - 78504] ( Article 5 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78501. The council shall keep books, records, and accounts of all of 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. 1990, Ch. 1151, Sec. 1.)
  88. 78502.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 5. Powers and Duties [78500 - 78504] ( Article 5 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Council members, alternates, agents, and employees must not appear before legislative committees as council representatives unless the committee requests it, 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 5. Powers and Duties [78500 - 78504] ( Article 5 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78502. 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. 1990, Ch. 1151, Sec. 1.)
  89. 78503.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 5. Powers and Duties [78500 - 78504] ( Article 5 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 5. Powers and Duties [78500 - 78504] ( Article 5 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78503. Funds which are collected pursuant to this chapter shall not be used for political contributions. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  90. 78504.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 5. Powers and Duties [78500 - 78504] ( Article 5 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The council must prepare annual summarized activity statements and make them available to specified industry groups and 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 5. Powers and Duties [78500 - 78504] ( Article 5 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78504. 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. 1990, Ch. 1151, Sec. 1.)
  91. 78525.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 6. Education, Research, and Public Information Programs [78525 - 78527] ( Article 6 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 6. Education, Research, and Public Information Programs [78525 - 78527] ( Article 6 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78525. The secretary shall conduct, or may cause the council to conduct, programs of education, research, or public information, that are designed to accomplish any of the following purposes, among others: (a) Publicize the positive contribution of California’s fishing industry and its people as providers of fresh, wholesome seafood products. (b) Educate the public to the value of California seafood as high quality, nutritious, and desirable. (c) Ensure the long-term availability of California-caught commercial seafood products by working with public and private organizations to preserve, protect, and enhance aquatic habitat and species. (d) Enhance the quality of seafood products from fishermen to consumers. (e) Support research and development to achieve the purposes of this chapter. (Amended by Stats. 1996, Ch. 726, Sec. 13. Effective January 1, 1997.)
  92. 78526.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 6. Education, Research, and Public Information Programs [78525 - 78527] ( Article 6 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Programs or activities under this chapter must not make false or unwarranted claims, disparage listed commodities, or use a private brand or trade name referring to California commercial fisheries seafood 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 6. Education, Research, and Public Information Programs [78525 - 78527] ( Article 6 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78526. 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. No program or activity shall be conducted with reference to a private brand or trade name which refers to seafood and seafood products from the California commercial fisheries. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  93. 78527.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 6. Education, Research, and Public Information Programs [78525 - 78527] ( Article 6 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The council may not use council funds to advertise brand name seafood products, except for certain promotions outside California. It may use funds for cost-sharing advertising for nonbrand name seafood products from California commercial fisheries.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 6. Education, Research, and Public Information Programs [78525 - 78527] ( Article 6 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78527. The council shall not expend council funds for advertising brand name seafood products as determined by the council, except for promotions carried out on behalf of the council in markets outside of the State of California. The council may expend council funds to conduct cost-sharing advertising with nonbrand name seafood products from the California commercial fisheries. (Amended by Stats. 1993, Ch. 1172, Sec. 7. Effective January 1, 1994.)
  94. 78550.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    This section sets a seafood fee, assigns who must pay it, and allows small-volume filers to report and pay quarterly.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78550. In order to carry out the programs and administer the activities that are conducted pursuant to this chapter, except as specified in Section 78557, a fee shall be established by the director and, thereafter, shall be recommended to the director by the council, based on an amount which is four-tenths of 1 percent of the ex-vessel price per pound paid for each pound of fish or shellfish specified in subdivision (a) of Section 78407 sold to a receiver, or sold by a fisherman directly to the public pursuant to Section 8033.5 of the Fish and Game Code. The fee shall be paid by the receiver or the fisherman, or both, and remitted to the director as specified in Section 78552. The amount of the fee for each species shall be established annually by the council for recommendation to the director, calculated to the nearest 1/10,000 of one cent ($0.0001) based on the formulation in this section. Individual fees shall be established for species identified in subdivision (a) of Section 78407. The council, with assistance from the Department of Fish and Game, may determine the fee structure for individual species and may average or consolidate fees for similar species to simplify landing fee reporting and accounting requirements. The amount of the fee shall be based on the landed weight of the fish or shellfish, as reported on the fish landing receipt made under Section 8043 of the Fish and Game Code. A fisherman selling to the public pursuant to Section 8033.5 of the Fish and Game Code shall remit the fee directly to the director as specified in Section 78552. To facilitate collection of fees from receivers or fishermen who handle a small volume of fish and shellfish specified in subdivision (a) of Section 78407, receivers or fishermen whose estimated monthly fee payments do not exceed ten dollars ($10) may file reports and submit fees on a quarterly basis. Payments are delinquent if not submitted within 60 days following the end of the quarter in which they are due. (Amended by Stats. 1993, Ch. 1172, Sec. 8. Effective January 1, 1994.)
  95. 78551.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Fishermen and receivers each pay half of the Section 78550 fee for each pound of fish landed, unless they vote not to participate in 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78551. The fisherman and the receiver shall each pay one-half of the fee established pursuant to Section 78550 for each pound of fish landed. If the fishermen vote, pursuant to Article 8 (commencing with Section 78575), not to participate in the council, a fisherman is not required to pay any fees pursuant to this chapter. If the receivers vote, pursuant to Article 8 (commencing with Section 78575), not to participate in the council, a receiver is not required to pay any fees pursuant to this chapter. If either fishermen or receivers, but not both, vote in favor of the council, the fee charged the group voting in favor of the council shall not exceed one-half of the fee established pursuant to Section 78550. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  96. 78552.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Receivers must forward certain collected fees to the council, and the council’s administrative office must provide remittance forms. The secretary may work with fish and wildlife officials and make interagency agreements for administering and enforcing the 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78552. The fees, whether from fishermen or receivers, or both, that are collected pursuant to this article shall be forwarded by the receivers, except as provided under Section 78552.5, directly to the council on behalf of the secretary. The administrative office of the council shall supply forms necessary for the remittance of the fees. The secretary may consult with the Director of Fish and Wildlife and enter into agreements with the Department of Fish and Wildlife, when he or she deems it necessary and reasonable, to assist in the administration of this article and to ensure compliance with this article. The secretary and the Director of Fish and Wildlife may enter into an interagency agreement on behalf of the council to provide names and addresses of commercial fish businesses selected annually by the Department of Fish and Wildlife for fish landing fee examinations. The listing of names and addresses is a confidential document. (Amended by Stats. 2017, Ch. 26, Sec. 41. (SB 92) Effective June 27, 2017.)
  97. 78552.5.

    ## 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Some fishermen and receivers do not owe council fees if annual landings or receipts are under 10,000 pounds or the fees due are under $25; otherwise fees must be paid by February 28, and refund requests may be made for smaller landings.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78552.5. (a) Notwithstanding any other provision of this article, in any calendar year in which a fisherman who is selling to the public lands, or a receiver receives, less than 10,000 pounds in the aggregate of fish or shellfish in all fisheries combined or for which the annual fees that would otherwise be due by that fisherman or receiver to the council for those fish or shellfish totals less than twenty-five dollars ($25), the fisherman selling to the public or the receiver shall not pay any fees pursuant to this chapter. (b) In any calendar year in which a fisherman who is selling to the public lands, or a receiver receives, 10,000 pounds or more in the aggregate of fish or shellfish in all fisheries combined, or for which the annual fees that are due by that fisherman or receiver to the council for those fish or shellfish totals twenty-five dollars ($25) or more, the fisherman selling to the public or the receiver shall remit the fees on or before February 28 of the year following the landing or receipt. Any fees that are not received on or before February 28 of the year following the landing or receipt of fish or shellfish for which the fees are due is delinquent and subject to collection pursuant to Section 78554. (c) If, in any calendar year, a fisherman lands less than 10,000 pounds in the aggregate of fish or shellfish in all fisheries combined, and has paid fees to the council, the fisherman may apply for a refund of the amount paid, not to exceed a total of twenty-five dollars ($25). An application for refund shall be submitted on a form supplied by the council and shall include documentation in the form of landing receipts submitted to the Department of Fish and Game pursuant to Section 8046 of the Fish and Game Code for all species landed and proof of fees paid. Applications for refunds shall be received at the council office on or before March 31 of the year following the landing or receipt of fish or shellfish for which the fees were paid. (Added by Stats. 1996, Ch. 726, Sec. 15. Effective January 1, 1997.)
  98. 78553.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Receivers who must pay or collect a fee from fishermen must keep accurate fee records, preserve them for three years, and show them to the director on demand. Information from inspections or audits is confidential unless disclosure is required in a judicial proceeding.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78553. (a) Each receiver who is required by this chapter to pay a fee or collect a fee from fishermen shall maintain a complete and accurate record of all transactions subject to the fee. These records shall contain any information required by the director relating to the collection of fees, shall be preserved for a period of three years, and shall be available for review upon demand by the director or the director’s duly authorized agent. (b) Any information obtained by the director or the director’s duly authorized agent from inspection or audit of records shall be confidential and shall not be disclosed except when required in a judicial proceeding. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  99. 78554.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    This section lets the secretary pursue unpaid fees and deficiency determinations, and it sets criminal and civil penalties for violating 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78554. (a) The collection of funds from anyone who does not pay or remit fees due and payable shall be conducted as follows: (1) Pursuant to Section 8053 of the Fish and Game Code. (2) When the secretary makes a determination that fees due pursuant to this chapter are deficient, the secretary may determine the amount of the deficiency, including any applicable penalty. Section 59234.5 shall apply to deficiency determinations made pursuant to this section. (3) This subdivision is supplemental to any other provisions for collection and imposition of fees and penalties provided by this chapter. In lieu of proceeding pursuant to this section, the secretary may file a complaint for collection of unpaid fees as provided by law. (b) A person who violates any provision of this chapter is guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000), by imprisonment in the county jail for not less than 10 days or more than six months, or by both that fine and imprisonment. Each violation during any day is a separate offense. (c) A person who violates any provision of this chapter is liable civilly in an amount of not more than two thousand five hundred dollars ($2,500) for each violation. Each violation during any day is a separate offense. (Amended by Stats. 1996, Ch. 726, Sec. 16. Effective January 1, 1997.)
  100. 78555.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    A claim or refund for credit for overpayment of fees must be in writing and must state the specific ground for the claim.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78555. Every claim or refund for credit for overpayment of fees shall be in writing and shall state the specific ground upon which the claim is based. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  101. 78556.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78556. 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. 42. (SB 92) Effective June 27, 2017.)
  102. 78557.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The council may recommend a fee increase to the secretary after one year, but the council must consider several factors and the secretary cannot increase a fee without two-thirds council approval.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78557. One year after the establishment of the council, the council may recommend to the secretary an increase over and above four-tenths of 1 percent of the price per pound paid to the fisherman for each pound of fish or shellfish specified in subdivision (a) of Section 78407 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 78525), as well as the market prices of seafood landed in California, landing fees imposed by the Department of Fish and Wildlife, and any other relevant factor affecting the economics of the fisheries. The council shall, in making any determination to increase fees, consult with fishermen and receivers and, if the recommended increase would exceed eight-tenths of 1 percent of the market price per pound paid to the fisherman for each pound of fish or shellfish sold, conduct a ballot poll of the fishermen and receivers on the secretary’s list established pursuant to Article 8 (commencing with Section 78575). The secretary may not increase any fee without the approval of two-thirds the voting members of the council. (Amended by Stats. 2017, Ch. 26, Sec. 43. (SB 92) Effective June 27, 2017.)
  103. 78558.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Council funds must be deposited and spent only for chapter purposes, with secretary approval and required audits and audit delivery.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78558. (a) All money that is collected by the council 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 council, upon approval of the secretary, only for the necessary expenses that are incurred by the council and the secretary in carrying out the purposes and provisions of 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 adopted 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. (c) A copy of the audit shall be delivered by the auditor to the council within 30 days after completion of the audit. Upon receipt, the council shall deliver a copy of the audit to the Governor, the secretary, the Controller, and to any member of the public requesting a copy. (Amended by Stats. 2000, Ch. 1055, Sec. 23. Effective September 30, 2000.)
  104. 78559.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The council may invest and reinvest money deposited under Section 78558 in certain Government Code securities.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78559. Money that is deposited pursuant to Section 78558 may be invested and reinvested by 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. (Amended by Stats. 1996, Ch. 726, Sec. 18. Effective January 1, 1997.)
  105. 78560.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The director must adopt an annual budget after consulting the council and must 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78560. The director, after consultation with the council, shall adopt an annual budget which sets forth the proposed expenditures which the director deems necessary for the performance by him or her and by the department of the duties which are imposed upon the director and the department by this chapter. The director shall also prepare and submit to the council an annual statement of the director’s expenditures pursuant to this chapter. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  106. 78560.5.

    ## 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The council may allocate part of certain contributions to species- and gear-specific programs, but spending on those programs cannot exceed the set proportion tied to general programs over each five-year 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78560.5. The council may allocate a percentage of the contribution from one or a series of species and gear types to conduct species and gear specific programs. In developing specific programs, the council may form advisory committees comprised of harvesters and processors whose primary income is derived from the species considered for specific programs. The funds expended for any program directly benefiting a specific gear type or species of fish or shellfish shall not exceed that proportion of funds expended for general programs benefiting all the species and gear types under this chapter during each five-year term of the council. Proportional funding of species specific programs shall not be required in the annual budget for the year in which the program is first adopted, but proportional funding shall be required in the budget for each subsequent year that each such program is included in the annual budget. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  107. 78561.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    When the council funds programs for specific fish or shellfish species, the spending must be proportional across species based on fee collections.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78561. To the extent that programs for specific species of fish or shellfish are included in the budget, as opposed to programs to benefit generally all the species covered by this chapter, there shall be reflected in that same year’s budget, or in budgets prepared for the following years, programs for other species of fish and shellfish covered under this chapter. The funds expended pursuant to the council’s budget for any program for a specific species of fish and shellfish shall be in the same proportion, based on the fees collected from that species of fish or shellfish, as that expended for each of the other species of fish and shellfish covered under this chapter. Proportional funding of species-specific programs are not required in the annual budget for the year in which the program is first adopted, but proportional funding shall be required in the budget for each subsequent year that each such program is included in the annual budget. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  108. 78563.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The secretary may accept contributions, grants, or contracts for funds to support this chapter, and may set categories of voluntary sponsor 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78563. The secretary may accept contributions from any source or may receive grants or contracts for funds pursuant to subdivision (b) of Section 35062 of the Public Resources Code 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. The secretary may also establish categories of voluntary contributions paid by sponsors, as defined by Section 78415. Categories of voluntary contributions, suggested voluntary contributions, and benefits may be recommended to the secretary by the council. (Amended by Stats. 1996, Ch. 726, Sec. 20. Effective January 1, 1997.)
  109. 78564.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The council may create credit-back guidelines, must appoint a review committee, and the committee may approve and direct reimbursements up to 50% under 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 7. Financial Provisions [78550 - 78564] ( Article 7 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78564. The council may develop guidelines for the establishment and operation of a “credit-back” program for receivers and fishermen, which authorizes the reimbursement of a percentage of individual contributions to the council, not to exceed 50 percent, for specified individual expenditures benefiting the fishing industry. Individual expenditures eligible for reimbursement may include, but are not necessarily limited to, promotion, research and development, and advertising. The council shall appoint a review committee from its membership and from the fishing industry to review and approve applications for the credit. Any guidelines that require the assistance of, or impact the operation of, the Department of Fish and Game are subject to Section 78552. Upon submittal of a statement of completion of a credit-back program, and its acceptance by the review committee, the review committee may direct the council to reimburse a percentage of individual contributions, not to exceed 50 percent, at the end of the fiscal year for which the credit-back application and expenditure were made. (Amended by Stats. 1993, Ch. 1172, Sec. 11. Effective January 1, 1994.)
  110. 78575.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The director must create a voter-eligibility list for receivers and fishermen by February 1, 1991, and may ask for written help to gather the names needed for that 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78575. On or before February 1, 1991, the director shall establish a list of receivers and fishermen eligible to vote on the implementation of this chapter. In establishing the list, the director may request, in writing, the assistance of the Director of Fish and Game and associations representing fishermen or receivers in gathering the names of all fishermen and receivers who sold or received specified seafood species landed the previous season. The list shall be filed within 30 days following receipt of the written notice from the director. All information on the volume of landings shall be kept confidential. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  111. 78576.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Certain fishermen or receivers can get their names added to the director’s list by filing a signed statement and proof of prior-year landings. Leaving a name 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78576. Any fisherman or receiver whose name does not appear on the director’s list of receivers may have his or her name included on the list by filing with the director a signed statement, identifying himself or herself as a fisherman or receiver and furnishing evidence of having sold or received landings the previous year through the submission of receipts prepared under Section 8043 of the Fish and Game Code. The failure to include a fisherman’s or a receiver’s name on the list does not exempt a fisherman or a receiver from paying assessments under this chapter. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  112. 78577.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    This chapter does not apply to the covered fishery unless the secretary conducts a referendum and the required voting thresholds are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78577. This chapter, except as necessary to conduct a referendum vote under this article, shall not apply to a fishery defined in subdivision (c) of Section 78407 until the secretary conducts and finds in the referendum that either: (a) At least 40 percent or more of the total number of fishermen from the list established by the secretary pursuant to Section 78582 have participated by voting in the referendum, and the secretary finds either of the following: (1) Sixty-five percent or more of the fishermen who voted in the referendum, who landed in California 51 percent or more of the species in the fishery defined in subdivision (c) of Section 78407 that is the subject of the referendum in the previous year, voted in favor of implementing this chapter for that fishery. (2) Fifty-one percent of the fishermen who voted in the referendum, who landed in California 65 percent or more of the species in the fishery defined in subdivision (c) of Section 78407 that is the subject of the referendum in the previous year, voted in favor of implementing this chapter for that fishery. (b) Forty percent or more of the total number of receivers from the list established by the secretary pursuant to Section 78582 have participated by voting in the referendum, and the secretary finds either of the following: (1) Sixty-five percent or more of the receivers, who received 51 percent or more of the species in the fishery defined in subdivision (c) of Section 78407 that is the subject of the referendum landed in California in the previous year, voted in favor of implementing this chapter for that species. (2) Fifty-one percent or more of the receivers, who received 65 percent or more of the fish of the species in the fishery defined in subdivision (c) of Section 78407 that is the subject of the referendum landed in California in the previous year, voted in favor of implementing this chapter for that species. (c) If both lists of fishermen and receivers vote in favor of the implementation of this chapter, the secretary shall add, by regulation, the fishery to the fisheries subject to this chapter, and both fishermen and receivers shall be subject to assessment pursuant to this article. If only fishermen or receivers, but not both, vote in favor of implementation of this chapter, the secretary shall add, by regulation, the fishery to the fisheries subject to this chapter, however, only the group voting in favor of that implementation shall be subject to the fees imposed pursuant to Sections 78550 to 78557, inclusive. (Amended by Stats. 1996, Ch. 726, Sec. 21. Effective January 1, 1997.)
  113. 78578.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The secretary must set a referendum period of at least 30 days and no more than 60 days, may add needed procedures, and may extend the period if the original 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78578. The secretary shall establish a period in which to conduct the referendum which shall not be less than 30 days or more than 60 days in duration, and may prescribe additional procedures as necessary to conduct the referendum. If the initial period established is less than 60 days, the secretary may extend that period. However, the total referendum period may not exceed 60 days. (Amended by Stats. 1996, Ch. 726, Sec. 22. Effective January 1, 1997.)
  114. 78579.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Before the referendum vote, the council’s proponents must deposit money with the secretary unless the Secretary for Environmental Protection already provides funds. Unused money must be returned, and after the council is established it may reimburse certain deposited funds and related legal expenses.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78579. (a) Unless funds are otherwise provided by the Secretary for Environmental Protection, 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 the establishment of the council, the council may reimburse the proponents of the council for any funds deposited by the proponents with the secretary that were used in carrying out this article, and for any legal expenses and costs incurred in establishing the council. (Amended by Stats. 2015, Ch. 303, Sec. 179. (AB 731) Effective January 1, 2016. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  115. 78580.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    A referendum is not invalid just because a fisherman or receiver did not receive a ballot.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78580. The nonreceipt of a ballot by any fisherman or receiver shall not invalidate a referendum. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  116. 78581.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The director must notify receivers if a favorable vote is found, and if not, must certify the chapter as inoperative and notify the relevant Assembly and Senate policy committees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78581. (a) If the director finds that a favorable vote has been given, the director shall certify and give notice of the favorable vote to all receivers whose names and addresses are on file with the director. (b) If the director finds that a favorable vote has not been given, the director shall so certify and declare this chapter inoperative. The director shall also notify the appropriate policy committees in both the Assembly and Senate that the chapter is inoperative. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  117. 78582.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    A fishery may be added to this chapter if proponents ask in writing, the council recommends it, required funds are deposited if needed, a list is prepared, a referendum is held, and the vote is favorable.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78582. Fisheries for fish and shellfish species excepted by subdivision (a) of Section 78407 and not previously included in the list of fisheries subject to this chapter may be added to the fisheries subject to this chapter, including the payment of fees pursuant to Sections 78550 to 78557, inclusive, upon receipt by the secretary of a written request by proponents for inclusion, who shall represent either fishermen or receivers, or both, who are engaged in the fishery proposed for inclusion. The fishery shall be included under this chapter after all of the following occur: (a) The council recommends to the secretary the inclusion of the fishery, subject to the request by proponents for inclusion. (b) Unless alternative funding is recommended by the council, the proponents for inclusion deposit funds with the secretary in an amount the secretary determines is necessary to defray the expenses of preparing necessary lists and information and conducting inclusion referenda votes of fishermen or receivers, or both, engaged in the fishery proposed for inclusion. (c) A list of fishermen or receivers, or both, engaged in the fishery proposed for inclusion is established. The secretary shall establish a list not later than 60 days after the earlier of the following: (1) The receipt of the deposit pursuant to subdivision (b). (2) The receipt on an accurate list from the council. (d) An inclusion referendum, which is not more than 60 days in duration is conducted within 90 days following the receipt of the deposit pursuant to subdivision (b) or the receipt of an accurate list from the council, whichever is earlier, under the regulations that the secretary established, consistent with all other provisions for carrying out a referendum under this chapter. (e) A favorable vote, consistent with the percentage requirements of Section 78577 for a favorable vote of either fishermen or receivers, or both, engaged in the fishery proposed for inclusion and eligible to vote, is received. (Amended by Stats. 1996, Ch. 726, Sec. 23. Effective January 1, 1997.)
  118. 78583.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    Certain fisheries added under this chapter are treated like other fisheries under the chapter, and fishermen and receivers in those fisheries must be appointed 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78583. Fisheries for species of fish and shellfish, that are subject to this chapter pursuant to subdivision (c) of Section 78407 that are added to the list of fisheries subject to this chapter pursuant to Section 78582, shall be treated the same as all other species of fish and shellfish subject to this chapter, and fishermen and receivers engaged in the fishery of that included species shall be appointed to the council in accordance with subdivision (e) of Section 78476. (Amended by Stats. 1996, Ch. 726, Sec. 24. Effective January 1, 1997.)
  119. 78584.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The director must review whether the California Seafood Council program should continue, using a public hearing and, when appropriate, the referendum procedure.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78584. (a) Between January 1, 1996, and February 28, 1996, and in the same period each five years thereafter, or pursuant to subdivision (b) of Section 78578, the director shall, by the public hearing procedure, and if appropriate, the review referendum procedure provided for in Sections 78585 and 78586, determine whether the council program provided for in this chapter shall continue in effect. (b) If the director 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 fishermen or receivers, as evidenced by receipts prepared under Section 8043 of the Fish and Game Code, the council program shall be submitted to referendum as provided in Section 78585. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  120. 78585.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    If the secretary starts or is required to start a review referendum, the secretary must set a referendum period of up to 30 days and may extend it once for up to another 30 days. Ballots must go to every fisherman or receiver on the council and department membership lists and offer yes/no voting on whether the California Seafood Council should continue for the next five fiscal 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78585. If the secretary determines that a review referendum procedure is appropriate or, pursuant to subdivision (b) of Section 78584, required, the secretary shall establish a referendum period of not to exceed 30 days during which period ballots shall be submitted to every fisherman or receiver on official membership lists in the possession of the council and the department. 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 Seafood Council be continued for the next five fiscal years commencing April 1, following this referendum?” (Amended by Stats. 1996, Ch. 726, Sec. 25. Effective January 1, 1997.)
  121. 78586.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    The director must treat the council program as approved if the referendum meets either of the listed fisherman or receiver 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78586. If the council program is submitted to a review referendum under Section 78585, the director shall find that fishermen or receivers statewide have approved the council program if the director finds either of the following: (1) Sixty-five percent or more of the fishermen who voted in the review referendum, who landed in California 51 percent or more of the fish of the species listed in subdivision (a) of Section 78407 in the previous fiscal year, approve the program; or 51 percent or more of the fishermen, who landed in California 65 percent or more of the fish of the species listed in subdivision (a) of Section 78407 in the previous fiscal year, approve the program. (2) Sixty-five percent or more of the receivers who voted in the review referendum, who received 51 percent or more of the fish of the species listed in subdivision (a) of Section 78407 landed in California in the previous fiscal year, approve the program; or 51 percent or more of the receivers, who received 65 percent or more of the fish of the species listed in subdivision (a) of Section 78407 landed in California in the previous fiscal year, approve the program. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  122. 78587.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    If only the fishermen or only the receivers approve the program in a review referendum, the director must reconstitute the council and use a lottery to decide which members from the nonapproval group remain on 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78587. If the director finds that only the fishermen or only the receivers vote to approve the program in a review referendum, the director shall reconstitute the council pursuant to Section 78477. To reduce the membership on the council of either the fishermen or the receivers, whichever did not vote to approve the program, the director shall conduct a lottery of those choosing to remain from the nonapproval group to determine who shall remain on the council. (Added by Stats. 1990, Ch. 1151, Sec. 1.)
  123. 78588.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. )

    Verify source ↗

    When the council is terminated, it stays in existence until the current marketing season ends, the secretary must settle outstanding obligations, and any leftover money is handled under the section’s replacement-program 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 23. California Seafood Council [78401 - 78588] ( Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## ARTICLE 8. Implementation, Voting Procedure, and Termination [78575 - 78588] ( Article 8 added by Stats. 1990, Ch. 1151, Sec. 1. ) ## 78588. On the termination of the council pursuant to this article, the council shall remain in existence until the end of the marketing season then current for the purpose of furnishing the secretary with a complete record of its outstanding financial obligations. The secretary shall pay from the money collected pursuant to Article 7 (commencing with Section 78550) any outstanding obligations and any obligations incurred by the secretary and the department under 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 seafood promotion. If no seafood promotion 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. The secretary may also specifically designate any money that remains for expenditure for research on commercial fishery resources or fisheries, the improvement of commercial fishery resources or fisheries, or both. (Amended by Stats. 1996, Ch. 726, Sec. 26. Effective January 1, 1997.)
  124. 78601.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    This section states that tomato production and marketing are an important state industry and a source of revenue and jobs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78601. The production and marketing of tomatoes constitutes an important industry of this state that provides substantial and necessary revenues for the state and employment for its citizens. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  125. 78602.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78602. The maintenance of the tomato industry of California is necessary to assure the public of a continuous supply of this vital product and the maintenance of needed levels of income for those engaged in the tomato industry. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  126. 78603.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    This section says California tomato production has industry potential and explains that the commission exists to promote tomatoes and inform consumers about their nutritional value, quality, and uses.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78603. The production of tomatoes in California has the potential to be one of the leading segments of the state’s agricultural industry. To realize this potential, there is a need to make consumers aware of the nutritional value of tomatoes, the high quality of tomatoes produced by the industry, and the versatility of tomatoes as part of a well-balanced diet. The activities made possible by the establishment of the commission will meet this need and further the interests of the industry and the state. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  127. 78604.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The provision says the California Tomato Commission is needed to create and manage research, pest-control, cultural-practice, advertising, and promotion programs for tomatoes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78604. The establishment of the commission is necessary for the efficient creation and management of a research program to develop improved varieties of tomatoes, an integrated approach to control pests and diseases common to tomatoes, and more efficient cultural practices. In addition, the commission is necessary to carry out the California tomato industry’s commitment to the efficient development and management of a national and international advertising and promotion program which, combined with the research program, will enhance the competitiveness of the California tomato industry within the national and international marketplace. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  128. 78605.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    This section states the purpose of the California Tomato Commission: to continue and improve industry-funded research for California tomatoes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78605. The successes that the tomato industry of California have enjoyed have come in part through a commitment to industry funded production research that has led to significant improvements in the quality and variety of the tomatoes available to consumers. It has also led to tomatoes being a better consumer value. The establishment of the commission will continue and enhance this research effort and move the tomato industry toward its potential, resulting in increased consumer value and enhanced grower returns. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  129. 78606.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The section declares tomato production and marketing in the state to be a matter of public interest and states that the chapter is enacted 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78606. The production and marketing of tomatoes in this state is hereby declared to be affected with a public interest. The provisions of this chapter are enacted in the exercise of the police power of this state for the purposes of protecting the health, peace, safety, and general welfare of the people of this state. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  130. 78607.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78607. No action taken by the commission, or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a violation of the so-called Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or any statutory or common law against monopolies or combinations in restraint of trade. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  131. 78608.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    This chapter must be read liberally. If part of it is invalid, the rest stays effective if it can work without the invalid part.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78608. 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 that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  132. 78609.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The provision states that commission members and alternates are meant to represent and advance the interest of a particular industry, and that this role 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78609. It is hereby declared as a matter of legislative determination that commission members and alternates are intended to represent and further the interest of a particular 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 industry concerned is tantamount to, and constitutes the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  133. 78610.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    This section says the tomato industry can grow by creating new markets, and that advertising, promotion, and research are important to that 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78610. Opportunity exists for continued growth and expansion of the tomato industry by creating new markets in major portions of this country. The success of such an 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. The expansion of the tomato industry also provides an important source of jobs for many people in this state, a high proportion of whom reside in historically depressed areas of the state, and serves to ensure the preservation of an agrarian society. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  134. 78611.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    This section says the California Tomato Commission’s form of administration is meant to help tomato producers work together on marketing, research, advertising, promotion, and related 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [78601 - 78611] ( Article 1 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78611. The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of tomatoes the opportunity to avail themselves of the benefits of collective action of the broad fields of development, maintenance, and expansion of markets, marketing research, advertising and promotion, and production and processing research necessary to achieve the purposes stated herein. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  135. 78620.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    This section says 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78620. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  136. 78621.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78621. “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. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  137. 78622.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    “Commission” means the California Tomato 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78622. “Commission” means the California Tomato Commission. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  138. 78623.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    This section defines the Tomato Commission districts and allows district boundaries to be changed with a two-thirds commission vote and 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78623. “Districts” shall consist of the following: (a) District 1 consists of Imperial and Riverside Counties. (b) District 2 consists of Los Angeles, Orange, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties. (c) District 3 consists of Fresno, Kern, Kings, and Tulare Counties. (d) District 4 consists of Monterey County. (e) District 5 consists of Madera, Merced, and Stanislaus Counties. (f) District 6 consists of San Joaquin County. (g) District 7 consists of all counties in the State of California. The boundaries of any district may be changed by a two-thirds vote of the commission, which is concurred in by the secretary. These boundaries need not coincide with county lines. (Amended by Stats. 2006, Ch. 499, Sec. 19. Effective January 1, 2007.)
  139. 78624.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78624. “Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  140. 78625.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    “Fresh” means tomatoes, in any form, that have not been heat processed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78625. “Fresh” means tomatoes, in any form, which have not been subject to heat processing. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  141. 78626.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    This section defines “handle” for fresh market tomatoes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78626. “Handle” means to engage in the operation of selling, marketing, or distributing fresh market tomatoes that have been produced, or purchased or acquired from a producer, or which are marketed on behalf of a producer, whether as owner, agent, employee, broker, or otherwise, but shall not include retailing except for fresh market tomatoes not previously subject to this chapter. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  142. 78627.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    This section defines “handler” or “shipper” as a person, other than a common carrier, who handles at least 250,000 pounds of tomatoes in a marketing season.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78627. “Handler” or “shipper” means any person, other than a common carrier, who handles a quantity of 250,000 pounds or more of tomatoes during a marketing season. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  143. 78628.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    “Market” or “marketing” means selling or otherwise distributing tomatoes into commercial channels or trade that results in a 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78628. “Market” or “marketing” means to sell or otherwise distribute tomatoes into commercial channels or trade resulting in the sale of tomatoes. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  144. 78629.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    “Marketing research” means any research relating to the sale of tomatoes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78629. “Marketing research” means any research relating to the sale of tomatoes. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  145. 78630.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    “Marketing season” and “fiscal year” mean the same period: 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78630. “Marketing season” or “fiscal year” are synonymous terms and mean the period beginning March 1 of any year and extending through the last day of February of the following year. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  146. 78631.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78631. “Person” means any individual, partnership, corporation, firm, company, or other entity doing business in California. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  147. 78632.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    “Producer” and “grower” mean a person who produces, or causes to be produced, 250,000 pounds or more of tomatoes delivered to handlers during the marketing season.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78632. “Producer” and “grower” are synonymous terms and mean any person who produces, or causes to be produced, tomatoes in a quantity of 250,000 pounds or more delivered to handlers during the marketing season. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  148. 78633.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    “Production research” means research about producing, harvesting, and post-harvest handling tomatoes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78633. “Production research” means any research relating to the production, harvest, and post harvest handling of tomatoes. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  149. 78634.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    “Secretary” means the Secretary of Food and Agriculture.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78634. “Secretary” means the Secretary of Food and Agriculture. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  150. 78635.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    This section defines “ship” and “shipping” to mean certain operations related to tomatoes for fresh consumption.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78635. “Ship” and “shipping” are synonymous terms and mean the operations of receiving, grading, cleaning, transporting, distributing, or otherwise preparing for market or marketing, tomatoes for fresh consumption. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  151. 78636.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    This section defines “tomatoes” and “tomatoes grown in a greenhouse,” and allows certain tomatoes to be added to the definition if approved by producers and handlers through 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 2. Definitions [78620 - 78636] ( Article 2 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78636. (a) “Tomatoes” means all tomatoes that are produced for commercial purposes and are handled within the state in fresh form, except cherry tomatoes and tomatoes grown in a greenhouse. (b) For purposes of this section, “tomatoes grown in a greenhouse” means tomatoes grown in a fixed steel structure using irrigation and climate control, in an artificial medium that substitutes for soil. (c) Cherry tomatoes and tomatoes grown in a greenhouse may be included in the definition of tomatoes in subdivision (a) if approved by the producers and handlers of those tomatoes pursuant to a referendum conducted in accordance with the procedures in Article 5 (commencing with Section 78690) of Part 2 of Division 22. (Amended by Stats. 2003, Ch. 350, Sec. 1. Effective January 1, 2004.)
  152. 78640.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The California Tomato Commission is made up of 10 producers and seven handlers, and it may also include one public member.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78640. There is in the state government the California Tomato Commission. The commission shall be composed of 10 producers, seven handlers, and may include one public member, at the discretion of the commission. (a) Producers within the respective districts shall elect one producer from District 1, one producer from District 2, one producer from District 3, one producer from District 4, one producer from District 5, one producer from District 6, and four at-large producers from District 7. (b) Handlers within Districts 1 to 6, inclusive, shall elect one handler from each district and one at-large handler from District 7. (c) The public member shall be appointed to the commission by the secretary from nominees recommended by the commission. (d) The secretary and other appropriate individuals, as determined by the commission, shall be ex officio members of the commission. (Amended by Stats. 2006, Ch. 499, Sec. 20. Effective January 1, 2007.)
  153. 78641.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The secretary may order the commission to stop or fix activities that are not in the public interest or violate the chapter, and may suspend those activities by written notice 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78641. (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 those activities or functions or to make the corrections as required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities or functions of the commission until the time that the cessation or correction of activities or functions as required by the secretary has been accomplished by the commission. (c) 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, his or her reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and recommendations that will make the activities or functions acceptable. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  154. 78642.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission or the secretary may go to 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78642. 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. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  155. 78643.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    If the secretary must concur in a commission decision, the secretary has 15 working days after notification to respond, and the response may request 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78643. 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 secretary’s response may be a requirement that additional information be provided. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  156. 78644.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission must reimburse the secretary’s expenses for duties carried out under this chapter, but a court may relieve the commission of paying the secretary’s legal costs if 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78644. 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. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  157. 78645.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    Except for ex officio members, each member must have an alternate elected the same way as the member.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78645. Except for ex officio members, an alternate for each member shall be elected in the same manner as the member. An alternate 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 shall act as a member of the commission until a qualified successor is elected or appointed. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  158. 78646.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    If a commission seat becomes vacant, the remaining members must fill it with another eligible person for the rest of the term, 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78646. Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate 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 by another eligible person for the unexpired portion of the term by a majority vote of the remaining members of the commission. The person shall fulfill all the qualifications set forth in this article as required for the person whose office he or she is to occupy. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  159. 78647.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    If a public member’s seat on the commission becomes vacant for specified reasons, the secretary must fill the vacancy with another eligible 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78647. Any vacancy on the commission occurring by the failure of the public member to continue in his or her position due to a change in status making him or her ineligible to serve, or due to death, removal, resignation, or disqualification, shall be filled by another eligible person for the unexpired portion of the term by the secretary from nominees recommended by the commission. The person shall fulfill all the qualifications set forth in this article as required for the member whose office he or she is to occupy. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  160. 78648.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    Producer members and their alternates on the commission must meet the listed 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78648. Any producer member and his or her alternate on the commission shall be an individual producer or an employee or representative of a producer who has a financial interest in producing or causing to be produced, tomatoes for market. Qualifications of producer members and their alternates shall be maintained during their entire term of office. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  161. 78649.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    Handler members of the California Tomato Commission, and their alternates, must meet specific qualification requirements 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78649. Any handler member and his or her alternate on the commission shall be an individual handler or an employee or representative of a handler who has a financial interest in handling tomatoes for market. Qualifications of handler members and their alternates shall be maintained during their entire term of office. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  162. 78650.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The public member and alternate member on the commission have the same powers, rights, and privileges as other commission members, but may not have a financial interest in the tomato 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78650. 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, respectively, on the commission. The public member and his or her alternate member shall not have any financial interest in the tomato industry. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  163. 78651.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    Commission members and alternates, other than ex officio members, serve two-year terms starting with the marketing season in the year they are elected and continuing until successors are qualified.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78651. The term of office of all members and alternates on the commission, except ex officio members, shall be two years from the beginning of the marketing season in the year of their election and until qualified successors are elected. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  164. 78652.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission is created as a corporate body and may sue and be sued, contract, have corporate powers, 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78652. 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. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  165. 78653.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission has a quorum only when six voting producer members and four voting handler members are present.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78653. A quorum of the commission shall be six voting producer members and four voting handler members. Except as provided in Section 78723, the vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the commission. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  166. 78654.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The secretary or the secretary’s representatives must be notified of commission and committee meetings and may attend them, except executive sessions and meetings about potential or actual litigation against 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78654. The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meetings of the commission. However, the secretary or his or her representative is not entitled to attend an executive session of the commission or a committee of the commission called for the purpose of discussing potential or actual litigation against the department. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  167. 78655.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    Certain commission and committee members cannot receive a salary, but eligible members and alternates may receive approved travel expenses and meal allowances.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78655. No member or alternate 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 and each alternate serving in place of a member, except ex officio members who are officers or employees of a public agency, and each member of a committee established by the commission who is a nonmember of the commission, may receive reasonable and necessary traveling expenses and meal allowances as approved 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. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  168. 78656.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    Funds received under this chapter must be deposited in commission-designated banks, and the commission must disburse funds through designated agents who are bonded for at least $25,000.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78656. All funds received by any person from the assessments levied under this chapter or otherwise received by the commission shall be deposited in banks that the commission may designate and shall be disbursed by order of the commission through an agent or agents 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 an amount of not less than twenty-five thousand dollars ($25,000). (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  169. 78657.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The state is not liable for the commission’s acts or contracts, and commission members, alternates, employees, and agents are generally not personally liable for commission contracts or each other’s mistakes, except for their own dishonesty or crime.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 3. The California Tomato Commission [78640 - 78657] ( Article 3 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78657. 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 or alternate of the commission, or any employee or agent thereof, is personally liable for the contracts of the commission. No member or alternate of the commission, or any employee or agent thereof, is responsible individually in any way to 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 or alternate of the commission, or any employee or agent thereof, is responsible individually for any act or omission of any other member or alternate of the commission, or any employee or agent thereof. Liability is several and not joint, and no member or alternate of the commission, or any employee or agent thereof, is liable for the default of any other member or alternate of the commission, or any employee or agent thereof. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  170. 78660.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission’s powers and duties include, but are not limited to, everything listed in this article.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78660. The powers and duties of the commission shall include, but are not limited to, all of those contained in this article. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  171. 78661.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78661. The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, and orders in accordance with commission procedures for purposes of carrying out this chapter, including rules for appeals from any bylaw, rule, regulation, operating procedure, or order of the commission. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  172. 78662.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may enforce this chapter and take actions reasonably necessary to promote and maintain the tomato 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78662. 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, to promote and maintain the tomato industry. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  173. 78663.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may appoint its own officers, including a chairperson and vice chairpersons.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78663. The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and such other officers as it deems necessary. The officers shall have the powers and duties delegated to them by the commission. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  174. 78664.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may hire staff and a management firm to help carry out this chapter, and the secretary can order action if an employee’s conduct is not in the public interest or violates the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78664. 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 of its choice, necessary to carry out this chapter. If any person employed by the commission engages in any conduct that the secretary determines is not in the public interest or that is in violation of this chapter, the secretary shall notify the commission of the conduct and request that corrective and, if appropriate, disciplinary action, be taken by the commission. If the commission fails or refuses to correct the situation or to take disciplinary action satisfactory to the secretary, the secretary may suspend or discharge the person. 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 direction of the commission. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  175. 78665.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may set the compensation of all 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78665. The commission may fix the compensation for all employees of the commission. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  176. 78666.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may appoint committees made up of commission 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78666. 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. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  177. 78667.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may set up offices, spend money, sign contracts, create liabilities, and borrow funds before assessments are received when it considers that necessary for administering and enforcing the chapter and carrying out its duties.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78667. 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. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  178. 78668.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission must keep accurate books, records, and accounts, have them audited annually, report the audit summary to persons subject to the chapter, 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78668. 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 persons subject to this chapter, 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. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  179. 78669.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may present facts to and negotiate with state, federal, and foreign agencies about matters affecting the tomato 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78669. The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the tomato industry. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  180. 78670.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may use advertising and other promotional methods to promote tomatoes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78670. The commission may promote the sale of tomatoes by advertising and any other promotional means, including cost-sharing advertising, for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for tomatoes, and to educate and instruct the public with respect to the uses, healthful properties, and nutritional value of tomatoes. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  181. 78671.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may educate and instruct wholesale and retail trade about proper tomato handling and selling methods, and may conduct 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78671. The commission may educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling tomatoes, and conduct market surveys and analyses. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  182. 78672.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may conduct scientific research and may contract with others 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78672. The commission may conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination, and accumulation of information obtained from research or elsewhere, respecting cultural and production practices, and marketing and distribution of tomatoes. The results of any research conducted by or on behalf of the commission may be used by the commission in any way it deems appropriate. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  183. 78673.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may enter contracts and agreements in its name to receive and provide services needed to carry out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78673. The commission may make in its name, contracts to receive and render services in formulating and conducting plans and programs and other contracts or agreements that the commission may deem necessary for carrying out this chapter. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  184. 78674.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may solicit and accept contributions, match funds, and make contributions of funds to others to promote and maintain the tomato 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78674. The commission may solicit and accept contributions of, or match private, state, or federal funds, and employ or make contributions of funds to other persons or state or federal agencies for purposes of promoting and maintaining the tomato industry. (Amended by Stats. 2001, Ch. 373, Sec. 17. Effective January 1, 2002.)
  185. 78675.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may collect information and distribute a free bulletin or other communication 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78675. The commission may collect information, including, but not limited to, industry crop statistics, and publish and distribute without charge, a bulletin or other communication to persons subject to this chapter. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  186. 78676.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78676. The commission shall establish an assessment rate to defray operating costs of the commission. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  187. 78677.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission must prepare an annual budget using generally accepted accounting practices, and the secretary must concur before funds are disbursed, except for disbursements under Section 78665.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78677. The commission shall establish an annual budget according to generally accepted accounting practices. The budget shall be concurred in by the secretary prior to disbursement of funds, except for disbursements made pursuant to Section 78665. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  188. 78678.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78678. The commission shall submit to the secretary for his or her concurrence an annual statement of contemplated activities authorized pursuant to this chapter. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  189. 78679.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission and the secretary must keep certain lists confidential and generally may not disclose them, except under a court order after a judicial 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78679. The commission and the secretary shall keep confidential and shall not disclose, except when required by court order after a hearing in a judicial proceeding, all lists of persons subject to this chapter in their possession. However, the commission shall establish procedures to provide producers and handlers access to communication with other producers and handlers regarding noncommercial matters affecting the commission and persons subject to its jurisdiction. The access shall not include the actual release of the list of the names and addresses of producers and handlers in the possession of the commission or the secretary. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  190. 78680.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78680. 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. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  191. 78681.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may collect and share certain tomato industry information, but handler identities and reported information must stay confidential. The secretary must approve the collection-and-dissemination procedure.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78681. (a) In order to prevent unfair trade practices that are detrimental to California’s tomato industry, including, but not limited to, deception and misinformation, the commission may collect and disseminate to any and all interested persons, historical handler packout information, including, but not limited to, tomato grade and size. (b) The identity of each handler reporting information and the information reported under this section shall be kept confidential and shall not be made public under any circumstances. Information that gives industry totals, averages, and other similar data may be disclosed by the commission. (c) The procedure for the collection and dissemination of information pursuant to this section shall be approved by the secretary. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  192. 78682.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may administer certain government programs that directly and exclusively affect the fresh tomato industry if an authorized agent of the program requests it.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78660 - 78682] ( Article 4 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78682. The commission may administer any government program that is engaged in the activities authorized by this chapter and that directly and exclusively affects the fresh tomato industry, upon the request of an authorized agent of the program. (Added by Stats. 1998, Ch. 399, Sec. 11. Effective January 1, 1999.)
  193. 78690.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The secretary must create a voter list for producers and handlers within 15 days after the chapter takes 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78690. (a) Within 15 days of the effective date of this chapter, the secretary shall establish a list of producers and handlers eligible to vote on implementation of this chapter. In establishing the list, the secretary may require that producers and handlers submit the names and mailing addresses of all producers and handlers. The secretary also may require that the information provided include the quantity of tomatoes produced by each producer and the quantity of tomatoes 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 78691. The request for the information shall be in writing and shall be filed within 10 days following receipt of the request. (b) Any producer whose name does not appear on 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 on the lists in a form and manner prescribed by the secretary if all expenses associated with those contacts are paid in advance. (Amended by Stats. 2004, Ch. 183, Sec. 130. Effective January 1, 2005.)
  194. 78691.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    This chapter does not take effect until the secretary finds that the required producer or handler referendum 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78691. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds the following 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 participate, and that either of the following occurs: (1) Sixty-five percent of the producers who voted in the referendum voted in favor of this chapter, and the producers so voting sold a majority of the total quantity of tomatoes in the preceding marketing season 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 sold 65 percent or more of the total quantity of tomatoes in the preceding marketing season 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 participate and that either of the following occurs: (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 tomatoes in the preceding marketing season 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 tomatoes in the preceding marketing season by all of the handlers who voted in the referendum. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  195. 78692.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. )

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    A nonprofit agricultural cooperative marketing association’s vote counts as the approval or rejection of its individual members or stockholders if its members authorize it to 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78692. In finding whether the commission is approved pursuant to this article, the vote of any nonprofit agricultural cooperative marketing association that is authorized by its members to so vote, shall be considered as being the approval or rejection by the individual members of, or the individual stockholders in, the nonprofit agricultural cooperative marketing association. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  196. 78693.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. )

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    The secretary must set a referendum period of at least 10 days and no more than 60 days, may prescribe extra procedures, and may 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78693. The secretary shall establish a period in which to conduct the referendum, which shall not be less than 10 days or more than 60 days in duration, and may prescribe additional procedures 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. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  197. 78694.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. )

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    If an eligible person does not receive a ballot, 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78694. Nonreceipt of a ballot by an eligible person shall not invalidate a referendum. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  198. 78695.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. )

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    If the secretary finds a favorable vote under Section 78691, the secretary must certify it and notify all affected producers and handlers on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78695. If the secretary finds that a favorable vote has been given as provided in Section 78691, the secretary shall certify and give notice of the favorable vote to all affected producers and handlers whose names and addresses are on file with the secretary. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  199. 78696.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. )

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    If the secretary finds there was no favorable vote under Section 78691, the secretary must declare the chapter inoperative. The secretary may also hold another implementation referendum at least one year after the previous 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78696. If the secretary finds that a favorable vote has not been given as provided in Section 78691, the secretary shall certify and declare all provisions of this chapter inoperative. The secretary may conduct other implementation referendum votes one year or more after the previous vote has been taken. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  200. 78697.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. )

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    After the commission is certified, the initial commission membership comes from members and alternates of an existing state marketing order for the same subject matter. Later commissioners are chosen under nomination and election procedures set by the commission with the secretary’s concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78697. Upon certification of the commission, the members and alternates of any entity operating pursuant to an existing state marketing order affecting the same subject matter as this chapter shall comprise the initial membership of the commission. Thereafter, persons to be elected to the commission shall be selected pursuant to nomination and election procedures established by the commission with the concurrence of the secretary. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)

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