Food and Agricultural Code — Part 44 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 44 of 48 · provisions 8,601–8,800

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. 78698.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    Before the referendum vote, the proponents must deposit the amount the secretary deems necessary. Unused funds must be returned, and after the commission is established it may reimburse certain deposits and related legal 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 5. Implementation and Voting Procedures [78690 - 78698] ( Article 5 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78698. (a) Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary the amount that the secretary deems necessary to defray the expenses of preparing the necessary lists and information and conducting the vote. (b) Any funds not used in carrying out Section 78690, shall be returned to the proponents of the commission who deposited the funds with the secretary. (c) Upon establishment of the commission, the commission may reimburse the proponents of the commission for any funds deposited with the secretary that were used in carrying out this article, and for any legal expenses and costs incurred in establishing the commission. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  2. 78700.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. )

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    The commission must set the tomato marketing assessment each year by March 1 if possible, and the assessment cannot exceed the stated per-100-pound limits.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78700. (a) The commission shall establish the assessment for the marketing season not later than March 1 of each year or as soon thereafter as is possible. The assessment shall not exceed twenty cents ($0.20) per 100 pounds, or the equivalent, for tomatoes delivered to handlers by producers. Of the assessment, not more than ten cents ($0.10) per 100 pounds prepared for market, or the equivalent, shall be assessed against producers, and not more than ten cents ($0.10) per 100 pounds shall be assessed against handlers. (b) An assessment greater than the amount provided for in this section may not be charged unless and until a greater fee is approved by a majority of the commission and by eligible producers and handlers pursuant to procedures specified in Section 78691. (Amended by Stats. 2006, Ch. 499, Sec. 21. Effective January 1, 2007.)
  3. 78701.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. )

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    This chapter does not apply to tomatoes grown only for a producer’s home use or used only for ornamental 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78701. This chapter does not apply to tomatoes produced only for a producer’s home use or tomatoes that are used only for ornamental purposes. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  4. 78702.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. )

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    A person seeking an exemption from this chapter must file an affidavit with the commission stating that they are not an eligible producer or handler, and the affidavit must include any information the commission requires.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78702. Any person requesting an exemption from this chapter shall file an affidavit with the commission attesting that he or she is not an eligible producer or handler. The affidavit shall contain all the information required by the commission. The commission shall review the affidavit, conduct any additional investigation it deems appropriate, and approve or deny the affidavit. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  5. 78703.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. )

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    People who handle tomatoes must keep complete and accurate transaction records and keep them for three years; the records must be available for inspection on written demand by the commission or its authorized agent.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78703. Every person who handles tomatoes in any quantity shall keep a complete and accurate record of all transactions involving the purchase or sale of tomatoes. The records shall be in a simple form and contain such information as the commission shall prescribe. The records shall be preserved by the handler for a period of three 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. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  6. 78704.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. )

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    The commission and the secretary must keep proprietary information confidential and generally may not disclose it, except when a court order requires disclosure 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78704. (a) All proprietary information obtained by the commission or the secretary from any source, including, but not limited to, the names and addresses of producers, is confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding. (b) Information on volume shipments, crop 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 gives only totals, but excludes individual information, may be disclosed by the commission. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  7. 78705.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. )

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    An assessment levied under this chapter is a personal debt of each person assessed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78705. Any assessment that is levied as provided for in this chapter is a personal debt of every person assessed. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  8. 78706.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. )

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    The first handler of assessed tomatoes must deduct the assessment from payments to the producer and hold the assessments until they are paid to the commission as prescribed by the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78706. The first handler of tomatoes being assessed shall deduct the assessment from amounts paid by him or her to the producer, and shall be a trustee of these assessments and assessments required to be paid by the handler until they are paid to the commission at the time and in the manner prescribed by the commission. Failure to collect the assessment from any producer shall not exempt the handler from liability. In addition, failure of a handler to remit the collected producer assessments to the commission shall not relieve the producer of this obligation. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  9. 78707.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. )

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    If a producer or handler is a corporation, its directors and officers are included as individuals for liability 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78707. When the producer or handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for violating this chapter, including but not limited to, failing to pay assessments or to collect assessments, shall also include identical liability upon each director or officer of the corporation. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  10. 78708.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. )

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    If a person misses the deadline to file a return or pay an assessment, they must pay a 10% penalty to the commission plus 1.5% interest per month on the unpaid balance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78708. Any person who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, shall pay 11/2 percent interest per month on the unpaid balance. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  11. 78709.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. )

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    The commission may require a person who fails to pay an assessment or related charge to obtain and keep a surety 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78709. In addition to any other penalty imposed, the commission may require any person who fails to pay an assessment or related charge pursuant to this article to furnish and maintain a surety bond in a form and amount, and for a period of time, specified by the commission as assurance that all payments to the commission will be made when due. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  12. 78710.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. )

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    A person commits a misdemeanor if they give false commission-required records, fail to provide required reports or information, or destroy/alter required records.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78710. It is a misdemeanor for any person to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by the commission, or in any way to affect the shipment and marketing of tomatoes with the intent to avoid payment of assessments on the product’s highest value. (b) Fail to render or furnish a report, statement, or record required by the commission. (c) When engaged in the shipping of tomatoes or in the wholesale or retail trade of tomatoes, to fail or refuse to furnish to the commission or its duly authorized agents, upon request, information concerning the name and address of the persons from whom he or she received tomatoes, and the quantity so received. (d) Secrete, destroy, or alter records required to be kept under this chapter. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  13. 78711.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. )

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    The commission must set up procedures so aggrieved individuals can get an informal hearing before the commission or a designated committee.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78711. The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission, or before a committee of the commission designated for that purpose. Appeals from decisions of the commission may be made to the secretary. The determination of the secretary shall be subject to judicial review upon petition filed with the appropriate superior court. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  14. 78712.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission may sue to collect assessments and civil penalties and seek injunctions or specific performance. Courts must issue requested attachment or injunctive relief on a prima facie showing, no bond is required from the commission, and a final judgment can lead to an injunction stopping tomato-related business until the judgment is satisfied.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78712. The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for the obtaining of injunctive relief or specific performance regarding this chapter and the regulations adopted pursuant to this chapter. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any other regulation of the commission, including, but not limited to, the nonpayment of assessments. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief. A writ of attachment shall be issued pursuant to Chapter 4 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified in Section 485.010 of the Code of Civil Procedure is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or inadequate remedy at law specified in Sections 526 and 527 of the Code of Civil Procedure is not required. Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business regarding tomatoes until there is full compliance and satisfaction of the judgment. Upon a favorable judgment for the commission, it shall be entitled to receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  15. 78713.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    Actions involving the commission must be started within two years, with the deadline running from discovery of the violation or from the complained-of act depending on who is suing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78713. Any action by the commission for any violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. Any action against the commission by any person shall be commenced within two years from the date of the act of which the person complains. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  16. 78714.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    If this chapter ends, existing or later-arising rights, duties, obligations, liabilities, violations, and the commission’s remedies are not affected.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [78700 - 78714] ( Article 6 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78714. The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that 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. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  17. 78720.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Continuation or Suspension and Termination [78720 - 78725] ( Article 7 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    Every five years, the secretary must hold a hearing to decide whether this chapter should continue, and may have to submit it to a reapproval referendum if a substantial question exists.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Continuation or Suspension and Termination [78720 - 78725] ( Article 7 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78720. Every five years, commencing with the 2001–02 marketing season, the secretary shall hold a hearing to determine whether the operation of this chapter should be continued. If the secretary finds after the hearing that a substantial question exists among eligible persons regarding whether the operation of this chapter should be continued, the secretary shall submit the chapter to a reapproval referendum. If a reapproval referendum is required, the operation of this chapter shall be continued in effect if the secretary finds that a majority of the eligible persons voting in the referendum, voted in favor of continuing this chapter. In finding whether the commission is continued 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.)
  18. 78721.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Continuation or Suspension and Termination [78720 - 78725] ( Article 7 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The secretary must certify the result after a hearing. If there is no substantial question or a favorable vote was given, the chapter stays operative; if no favorable vote was given, the chapter and commission are suspended after the marketing season ending February 2002, and funds are handled under Section 78724. No bond or security may be required for 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 7. Continuation or Suspension and Termination [78720 - 78725] ( Article 7 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78721. If the secretary finds after conducting a hearing that no substantial question exists or that a favorable vote has been given, the secretary shall so certify and this chapter shall remain operative. If the secretary finds that a favorable vote has not been given, he or she shall so certify and declare the operation of this chapter and the commission suspended upon the expiration of the marketing season ending the last day of February 2002. Thereupon, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 78724. No bond or security shall be required for any such referendum. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  19. 78722.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Continuation or Suspension and Termination [78720 - 78725] ( Article 7 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission must conduct the Section 78720 process every fifth year, with hearing and referendum timing adjusted if a petitioned referendum occurs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Continuation or Suspension and Termination [78720 - 78725] ( Article 7 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78722. Following a hearing, a favorable referendum if required, conducted prior to the last day of February 2002, the process specified in Section 78720 shall be conducted by the commission every fifth year thereafter between March 1 and February 28, unless a referendum is conducted as the result of a petition pursuant to Section 78723. In that case, the hearing, and the referendum if required, shall be conducted every fifth year following the industry petitioned referendum. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  20. 78723.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Continuation or Suspension and Termination [78720 - 78725] ( Article 7 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    The commission and secretary can trigger and conduct a referendum to suspend this chapter if stated vote 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 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 7. Continuation or Suspension and Termination [78720 - 78725] ( Article 7 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78723. (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 season. (b) The secretary shall, upon receipt of the recommendation, or may, after a public hearing to review a petition filed with him or her requesting a suspension signed by 20 percent of the producers and handlers by number who sold or handled not less than 20 percent of the total quantity of tomatoes in the immediately preceding marketing season, hold a referendum among the producers and handlers 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 the weight of evidence that this chapter has not tended to effectuate its declared purposes. (c) The secretary shall establish a referendum period, which shall not be less than 10 days or more than 60 days in duration. The secretary may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers and handlers from the list established by the secretary participate in the referendum, the secretary shall suspend the operation of this chapter if he or she finds either one of the following has occurred: (1) Sixty-five percent or more of the producers and handlers who voted in the referendum voted in favor of suspension, and the producers and handlers so voting sold or handled a majority of the total quantity of tomatoes in the preceding marketing season by all of the producers and handlers who voted in the referendum. (2) A majority of the producers and handlers who voted in the referendum voted in favor of suspension, and the producers and handlers so voting sold or handled 65 percent or more of the total quantity of tomatoes in the preceding marketing season by all of the producers and handlers who voted in the referendum. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  21. 78724.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Continuation or Suspension and Termination [78720 - 78725] ( Article 7 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    If this chapter is suspended, the commission must wind up its operations and refund unused money pro rata to assessment payers, unless the refund would be impractical because the amounts are too small.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24. California Tomato Commission [78601 - 78725] ( Chapter 24 added by Stats. 1995, Ch. 210, Sec. 1. ) ## ARTICLE 7. Continuation or Suspension and Termination [78720 - 78725] ( Article 7 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78724. After the effective date of suspension of this chapter, the operation of the commission shall be concluded and all moneys held by the commission not required to defray the expenses of concluding and terminating operations of the commission shall be returned on a pro rata basis to all persons from whom assessments were collected in the immediately preceding marketing season. However, if the commission finds that the amounts returnable are so small as to make impractical the computation and remitting of the prorate refund to these persons, any funds remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into an appropriate state or federal program conducted or used to fund activities related to the subject matter of this chapter. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  22. 78725.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Continuation or Suspension and Termination [78720 - 78725] ( Article 7 added by Stats. 1995, Ch. 210, Sec. 1. )

    Verify source ↗

    If the chapter is suspended, the commission must mail the suspension notice to affected eligible persons 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 7. Continuation or Suspension and Termination [78720 - 78725] ( Article 7 added by Stats. 1995, Ch. 210, Sec. 1. ) ## 78725. Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all eligible persons affected by the suspension whose names and addresses are on file. (Added by Stats. 1995, Ch. 210, Sec. 1. Effective January 1, 1996.)
  23. 78801.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section says winegrape and wine production and distribution in Mendocino County are important industries that generate needed revenue and employment, and provide a food product that benefits 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78801. The production and distribution of winegrapes and wine in Mendocino County constitute important industries that provide substantial and necessary revenues for the county and state, and employment for citizens of the state. It also furnishes an important food product that benefits the public health and welfare. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  24. 78802.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The section says maintaining and expanding Mendocino County’s winegrape and wine industries and their markets is necessary for a steady product supply and income for people in those industries.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78802. The maintenance and expansion of the winegrape and wine industries of Mendocino County and of its local, national, and foreign markets is necessary to assure the consuming public of a continuous supply of these products and needed levels of income for those engaged in the winegrape and wine industries in Mendocino County. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  25. 78803.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This provision says there is an opportunity for continued growth of the Mendocino County winegrape and wine industries by creating new markets in California, the county, and abroad.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78803. Opportunity exists for continued growth and expansion of the Mendocino County winegrape and wine industries by creating new markets in the state, the county, and abroad. The success of an expansion program is uniquely depending upon effective education, advertising, promotion, and research, since the creation of new markets is essentially a matter of educating and informing people of the use and availability of the commodity. The expansion of the Mendocino County winegrape and wine industries also provides an important source of jobs for many people in the area, and serves to ensure the preservation of an agrarian society. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  26. 78804.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section explains that a Mendocino County winegrape and wine commission is intended to help promote local winegrapes, wine, and related 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78804. The production of winegrapes, wine, and winegrape products in Mendocino County has the potential to be one of the leading segments of the state’s winegrape and wine industries. To realize this potential, there is a need to make consumers aware of the high quality of winegrapes, wine, and winegrape products produced in Mendocino County. The activities made possible by the establishment of the commission will meet this need and further the interests of the industries and the state. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  27. 78805.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The section says Mendocino County’s winegrape and wine industries have been successful in part because they funded research, and that the commission is established to continue and expand 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78805. The Mendocino County winegrape and wine industries have enjoyed much success due to a commitment by the industries to fund research that has led to significant improvements in the quality and variety of winegrapes and wine available to consumers. It has also led to winegrapes and wine being a better consumer value. The establishment of the commission will continue to enhance this research effort and move the Mendocino County winegrape and wine industries toward its potential, resulting in increased consumer value and enhanced returns to growers and vintners. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  28. 78806.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The section declares that producing and marketing winegrapes, wine, and winegrape products from Mendocino County is a matter of public interest and says these provisions apply specifically to Mendocino County.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78806. The production and marketing of winegrapes, wine, and winegrape products produced in Mendocino County is hereby declared to be of public interest, therefore it is necessary and appropriate that these provisions be specifically applicable to Mendocino County. This chapter is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  29. 78807.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section states California’s policy to support agricultural activities, promote California agricultural products, and allow collective self-assessment through referenda.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78807. (a) It shall be the policy of this state to preserve and encourage agricultural activities in the state, promote consumption of agricultural commodities produced and harvested in California, provide for research, governance, and accountability, including the ability for agriculture to act collectively and to assess itself through the process of referenda. (b) It shall also be the policy of this state that the program authorized in this chapter shall engage in activities that are not more extensive in scope than is necessary to accomplish its purposes, and that the powers and duties of this program are designed to directly and materially advance the state’s interest in a stable, thriving agricultural industry. Further, this policy can be implemented most effectively by the collective actions authorized in this chapter while not preventing individuals from additionally engaging in self-help activities. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  30. 78808.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78808. No action taken by the commission, or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a violation of the Cartwright Act, Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code, the Unfair Practices Act, Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code, or any statutory or common law against monopolies or combinations in restraint of trade. Proof that any action complained of was done in compliance with this chapter shall be a complete defense to the action or proceeding. The Legislature intends this program to be among those contemplated by Congress in the enactment of Section 610(i) of Title 7 of the United States Code. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  31. 78809.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section says the commission created by the chapter is meant to help people involved in producing winegrapes, wine, and related products in Mendocino County work together to improve markets, production, processing, research, education, advertising, and promotion.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78809. The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of winegrapes, wine, and other winegrape products in Mendocino County the opportunity to avail themselves of the benefits of collective action in the broad fields of development, maintenance, and expansion of markets, production, marketing, processing, and health-related research, public and trade education, and advertising and promotion necessary to achieve the purposes stated herein. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  32. 78810.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This chapter must be read liberally, and if part of it is invalid, the rest can still apply if it works 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78810. This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held to be invalid, the invalidity shall not affect other provisions or applications of the chapter 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. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  33. 78811.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The section states that commission members are meant to represent and advance the interests of the agricultural industry involved, and that this serves the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [78801 - 78811] ( Article 1 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78811. It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of the particular agricultural industry concerned and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are elected or appointed to the commission, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  34. 78821.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78821. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  35. 78822.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78822. “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. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  36. 78823.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section defines “brandy” for this code provision.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78823. “Brandy” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of whole, sound, ripe grapes or from the residue thereof, distilled at not over 170 degrees proof. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  37. 78824.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section defines “Commission” as the Mendocino Winegrape and Wine 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78824. “Commission” means the Mendocino Winegrape and Wine Commission. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  38. 78825.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section defines “Department” as the Department 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78825. “Department” means the Department of Food and Agriculture. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  39. 78826.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    “Grape concentrate” or “concentrate” is defined as unfermented grape juice with most of its original water removed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78826. “Grape concentrate” or “concentrate” means unfermented grape juice from which the major portion of the original water content has been removed. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  40. 78827.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    “Grape juice” or “juice” means unfermented crushed grapes without solids containing most of the original water content.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78827. “Grape juice” or “juice” means unfermented crushed grapes without solids containing the major portion of the original water content. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  41. 78828.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78828. “Ex officio member” means a nonvoting member of the commission. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  42. 78829.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    “High proof” means a specified alcoholic distillate or mixture made from fermented juice, mash, wine, or residue of fresh winegrapes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78829. “High proof” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of fresh winegrapes or from the residue thereof. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  43. 78830.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section defines “market” 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78830. “Market” means to sell, barter, trade, purchase, acquire, or otherwise distribute wine, winegrapes, or winegrape products. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  44. 78831.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section defines “market development” 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78831. “Market development” includes, but is not limited to, trade, promotion, public education, dissemination of information on health and social issues, and other matters, and activities for the prevention, modification, or removal of trade barriers that restrict the free flow of winegrapes, wine, or winegrape products to market and may include, but is not limited to, the presentation of facts to local, state, federal, or foreign governmental agencies on matters that affect this chapter. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  45. 78832.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section defines “market research” 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78832. “Market research” means any investigation, development, analysis, or implementation of information relating to the marketing of winegrapes, wine, and winegrape products including, but not limited to, trade practices, consumer trends, promotion, sales, and advertising. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  46. 78833.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    “Marketing season” or “fiscal year” means July 1 through June 30 of the following year.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78833. “Marketing season” or “fiscal year” means the period beginning July 1 of any year and extending through June 30 of the following year. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  47. 78834.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section defines “must” as a mixture of unfermented crushed grapes, solid grape particles, and grape juice.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78834. “Must” means a mixture of unfermented crushed grapes, solid grape particles, and grape juice. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  48. 78835.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    “Person” is defined to include individuals and various business entities.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78835. “Person” means any individual, firm, partnership, corporation, limited liability company, association, or any other business entity. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  49. 78835.5.

    ## 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    “Process” or “processed” means making must, grape juice, grape concentrate, wine, or other winegrape products from winegrapes, including high proof and brandy.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78835.5. “Process” or “processed” means producing must, grape juice, grape concentrate, wine, or other winegrape products, including high proof and brandy from winegrapes. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  50. 78836.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    “Producer” or “grower” means a person in Mendocino County who produces, or causes to be produced, winegrapes for market, and also includes a person who receives winegrapes as payment for use of property in winegrape production.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78836. “Producer” or “grower” means any person who is engaged within Mendocino County in the business of producing, or causing to be produced, winegrapes for market. Producer also includes any person who receives winegrapes as a payment for the use of his or her property in the production of winegrapes. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  51. 78837.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    “Production research” means research about producing and processing winegrapes, including developing new winegrape products and uses for them.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78837. “Production research” means research relating to the production and processing of winegrapes, including, but not limited to, the development of new winegrape products and uses for these products. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  52. 78838.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78838. “Secretary” means the Secretary of Food and Agriculture. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  53. 78839.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section defines “vintner” and “processor” as the same term for certain people involved in producing winegrape products in Mendocino County.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78839. “Vintner” and “processor” are synonymous and, except as otherwise specifically provided in this chapter, mean any person engaged in Mendocino County in producing or causing to be produced must, grape juice, grape concentrate, wine, or other winegrape products, including high proof and brandy, and includes a “winegrower” in Mendocino County as that term is defined in Section 23013 of the Business and Professions Code, who produces wine from winegrapes. However, a producer does not become a vintner solely by the act of field crushing winegrapes before delivering the winegrapes as must to another person. (Amended by Stats. 2007, Ch. 124, Sec. 7. Effective January 1, 2008.)
  54. 78840.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section defines “wine.”

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78840. “Wine” means the product obtained by the fermentation of winegrapes or juice therefrom, with or without addition or abstracting, and includes any product made from winegrapes that is defined as a wine and permitted under Part III (commencing with Section 5381) of Subchapter E of Chapter 51 of Title 26 of the United States Code, and in the statutes of this state and regulations issued thereunder defining wine produced from grapes. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  55. 78841.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    “Winegrapes” means grapes grown in Mendocino County that are intended to be made into juice, concentrate, wine, or related 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78841. “Winegrapes” means grapes produced in Mendocino County that are intended to be converted from their fresh form into grape juice, grape concentrate, wine, or products thereof, including, but not limited to, high proof brandy produced from winegrapes. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  56. 78842.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section defines “winegrape products” to include items such as must, grape juice, grape concentrate, wine, high proof, and brandy made from winegrapes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 2. Definitions [78821 - 78842] ( Article 2 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78842. “Winegrape products” include, but are not limited to, must, grape juice, grape concentrate, wine, high proof, and brandy produced from winegrapes. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  57. 78851.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section creates the Mendocino Winegrape and Wine Commission, sets its membership makeup, and says the secretary appoints the public member and alternate from commission-recommended nominees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78851. (a) There is in the state government the Mendocino Winegrape and Wine Commission. The commission shall be composed of six producers who are not vintners, four vintners, and one public member. (b) The public member and his or her alternate shall be appointed to the commission by the secretary from nominees recommended by the commission. (c) The secretary shall be a nonvoting, ex officio member of the commission. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  58. 78852.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The secretary may require the commission to stop or fix activities that are not in the public interest or violate this chapter, and may suspend those activities after 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78852. (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 committee. (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. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  59. 78853.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78853. The commission or 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, that may issue a temporary restraining order, permanent injunction, or other applicable relief. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  60. 78854.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    If the secretary must concur in a commission decision, the secretary must respond within 15 working days after notice, and may require 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78854. 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. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  61. 78855.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The commission must reimburse the secretary for expenditures made in carrying out chapter duties, unless a court relieves the commission of paying the secretary’s legal costs after finding the secretary acted arbitrarily or capriciously.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78855. The commission shall reimburse the secretary for all expenditures incurred 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 the that action. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  62. 78856.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    Each non-ex officio member must have an alternate member, approved by the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78856. Each member, except the ex officio members, shall have an alternate member selected by the member, subject to approval by the commission. 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. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  63. 78857.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    Producer members and their alternates must meet the stated qualification rules, keep those qualifications for their whole term, and generally cannot both be tied to the same producer in the listed ways.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78857. Any individual serving as a producer member and his or her alternate member shall be a producer who is not also a vintner, or a management-level employee or representative of a producer who is not also a vintner, who has a financial interest in producing, or causing to be produced, winegrapes for market. The qualifications of producer members and alternate members shall be maintained during the entire term of office. No more than one member and his or her alternate member shall be employed by, represent, or be connected in a proprietary capacity with the same producer. However, producer membership in an agricultural nonprofit cooperative association or trade organization shall not be considered employment or being in a proprietary capacity. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  64. 78858.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    Vintner members and their alternates must qualify as specified vintners or related personnel with a financial interest in producing winegrapes for market, and those qualifications must continue throughout the term of office.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78858. Any individual serving as a vintner member and his or her alternate member shall be a vintner, or a management-level employee or representative of a vintner, who has a financial interest in producing winegrapes for market. The qualifications of vintner members and alternate members shall be maintained during the entire term of office. No more than one member and his or her alternate member shall be employed by, represent, or be connected in a proprietary capacity with the same vintner. However, vintner membership in an agricultural nonprofit cooperative association or trade organization shall not be considered employment or being in a proprietary capacity. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  65. 78859.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The public member and alternate member have the same rights, privileges, and powers as other commission members, and the public member may not have a financial interest in the winegrape or wine industries.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78859. The public member and his or alternate member shall have all the rights, privileges, and powers of any other member of the commission. The public member shall not have any financial interest in the winegrape or wine industries. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  66. 78860.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    Members and alternate members serve two-year terms, with the first commission members staggered to one-year terms for some seats; the commission may also set term limits 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78860. The term of office of members and alternate members shall be for two years or until their successors have been elected and have qualified. However, of the first members of the commission, a portion of the producer members and their alternate members, and a portion of the vintner members and their alternate members, shall serve for one year so that the terms shall be staggered. The determination of the term of each member and his or her corresponding alternate member shall be made by lot. The commission may establish term limits for members and alternate members pursuant to procedures established by the commission and concurred in by the secretary. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  67. 78861.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    A quorum of the commission requires at least six voting members.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78861. Not less than six voting members shall constitute a quorum of the commission. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  68. 78862.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    A majority vote of members present at a quorum meeting counts as an act of the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78862. The vote of a majority of the members present at a meeting at which there is a quorum shall constitute an act of the commission. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  69. 78863.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The commission is created as a corporate body and has corporate powers, including the power to sue and be sued, make contracts, 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78863. The commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be sued, to contract and be contracted with, and to have and possess all of the powers of a corporation. It may adopt a corporate seal. Copies of its proceedings, records, and acts, when authenticated, shall be admissible in evidence in all courts of the state and shall be prima facie evidence of the truth of all statements therein. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  70. 78864.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78864. The secretary or his or her representatives shall be notified and may attend meetings of the commission and any committee meetings of the commission. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  71. 78865.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    Certain commission and committee members may not receive a salary, but eligible members may receive approved travel and meal expenses and up to $100 per day.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78865. No member or alternate member of the commission, or member of a committee established by the commission who is not a member of the commission, shall receive a salary. Each member of the commission and any alternate member serving in place of his or her member, except ex officio members, and each member of a committee established by the commission who is not a member of the commission, shall receive necessary traveling expenses and meal allowances, as approved by the commission, and may receive an amount not to exceed one hundred dollars ($100) per day, as established by the commission. This amount shall be paid 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 assignment for the commission, as approved by the commission. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  72. 78866.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The commission must deposit certain funds in banks it designates, disburse them through designated agents, and ensure those agents 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78866. All funds received by the assessments levied pursuant to 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. 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. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  73. 78867.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, 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 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 3. The Mendocino Winegrape and Wine Commission [78851 - 78867] ( Article 3 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78867. (a) The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the commission are limited to the funds collected by the commission. (b) No member, alternate member, or any employee or agent of the commission, is personally liable for the contracts of the commission or for errors in judgment, mistakes, or other acts, either of commission or omission, except for their own individual act of dishonesty or crime. Liability is several and not joint, and no member, alternate member, or any employee or agent of the commission is liable individually for the default, act, or omission of any other member, alternate member, or any employee or agent of the commission. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  74. 78881.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78881 - 78882] ( Article 4 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The commission has broad powers to run, regulate, promote, and administer the winegrape and wine program, and it must keep records, prepare budgets, submit a yearly activity statement, and protect proprietary or trade secret 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78881 - 78882] ( Article 4 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78881. The powers and duties of the commission shall include, but not be limited to, the following: (a) Elect a chairperson and other officers as it may deem advisable, and delegate duties as may be advisable. (b) Adopt and from time to time alter, rescind, modify, and amend all proper and necessary rules, procedures, and orders for the exercise of its powers and the performance of its duties, including rules of procedure for appeals from any rule, procedure, or order of the commission. (c) 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, proper, or advisable to effectuate the purposes of this chapter. (d) Employ or retain a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other personnel, including private legal counsel of its choice, necessary to carry out this chapter. The commission may fix the compensation for all employees of the commission. 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. (e) Establish offices and incur expenses, and enter into any and all contracts and agreements, and create liabilities and borrow funds in advance or receipt of assessments as may be necessary, at the discretion of the commission, for the proper administration and enforcement of this chapter and the performance if its duties. (f) Maintain accurate books, records, and accounts of all its dealings, which shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of the 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. (g) Present facts to, and negotiate with, local, state, federal, and foreign agencies on matters affecting the winegrape, wine, and winegrape products industries. (h) Appoint committees composed of both members and nonmembers of the commission. (i) Promote the sale of winegrapes, wine, and winegrape products by advertising and other similar means for the purpose of maintaining and expanding present markets and creating new and larger intrastate and foreign markets for winegrapes, assess and address the impact of local, state, federal and foreign regulations on the winegrape products industries, and seek the elimination of tariff and nontariff trade barriers. (j) Educate and instruct the consuming public with respect to winegrapes, wine, and winegrape products, including, but not limited to, the uses, healthful properties and dietetic value of these commodities, and the environmental protection and conservation issues relating to the production of winegrapes. (k) Educate and instruct the wholesale, food service, and retail trade with respect to proper methods of handling and marketing of winegrapes, wine, and winegrape products, arrange for the performance of merchandising work providing display and other promotional materials, conduct market surveys and analysis, assist local, state, and federal agencies in negotiating with foreign governments regarding issues affecting market access, including, but not limited to, resolving phytosanitary issues, developing shipping protocols, limiting chemical residues, and addressing packaging, labeling, and other issues raised by countries imposing trade barriers on the import of agricultural products into their markets, and undertake any other similar activities that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new and larger markets for winegrapes, wine, and winegrape products. (l) Conduct, and contract with others to conduct, scientific and other research, including the study, analysis, dissemination and accumulation of information obtained from research or elsewhere respecting the production, cultural practices, nutritional and dietetic value, processing, storage, refrigeration, inspection, transportation, marketing and distribution of winegrapes, wine, and winegrape products. (m) Accept contributions of private, local, state, or federal funds, and make contributions of commission funds, or match contributions, to other persons or to local, state, or federal agencies for purposes of promoting, enhancing and maintaining the Mendocino County winegrape, wine, and winegrape products industries. (n) Cooperate with governmental or private entities in the resolution of emergencies arising in the industry and impacting the health and safety of the public or the continued stability of the industry. (o) 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. (p) Establish an assessment rate to defray operating costs of the commission. (q) 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 for the payment of employees. (r) Submit to the secretary for his or her concurrence an annual statement of contemplated activities authorized pursuant to this chapter. (s) Keep confidential and not disclose, except when required by a court order after a hearing in a judicial proceeding involving this chapter, all information deemed proprietary or trade secret by the commission. The Legislature finds and declares that this provision is required to ensure that producer and vintner proprietary and trade secret information shall not be disclosed. The commission shall establish procedures to provide producers and vintners access to communicate with other producers and vintners regarding noncommercial matters affecting the commission so long as the access does not directly or indirectly release proprietary or trade secret information in the possession of the commission. (t) 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. (u) Administer any program that is engaged in activities authorized by this chapter upon the request of an authorized agent of the program. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  75. 78882.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78881 - 78882] ( Article 4 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The commission may collect and share vintner market price information, but the reported information must stay confidential and generally cannot be made public.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [78881 - 78882] ( Article 4 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78882. (a) The commission may collect and disseminate to any and all interested parties, vintner market price information based on sales that have occurred in order to prevent unfair trade practices that are detrimental to the Mendocino County winegrape, wine, and winegrape products industries, including, but not limited to, deception and misinformation. (b) The information reported under this section shall be kept confidential and shall not be made public under any circumstances. Only information that gives industry totals, averages, and other similar data in aggregate, nonindividualized form may be disclosed by the commission. The Legislature finds and declares that this provision is required to ensure that vintner proprietary information shall not be disclosed. (c) The procedure for the collection and dissemination of information pursuant to this section shall be concurred in by the secretary. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  76. 78901.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The secretary must create a list of eligible Mendocino County producers and vintners, and may require them to provide names, mailing addresses, and 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78901. (a) Within 90 days of the effective date of this chapter, the secretary shall establish a list of producers and vintners in Mendocino County eligible to vote on implementation of this chapter. In establishing the list, the secretary may require that all producers and vintners in Mendocino County submit their names and mailing addresses. (b) The secretary may also require that the information provided include the quantity of winegrapes, wine, or winegrape products produced by each producer and vintner or, in the alternative, may establish procedures for receiving the information at the time of the referendum vote specified in Section 78903. The request for information shall be in writing and shall be submitted to the secretary within 10 days following the receipt of the request. (c) Any producer or vintner in Mendocino County 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 vintner. 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 chapter. (d) Proponents and opponents of the commission may contact producers and vintners on the lists in a form and manner prescribed by the secretary if all expenses associated with those contacts are paid in advance. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  77. 78903.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The secretary must determine chapter approval based on referendum participation and voting thresholds for producers and vintners.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78903. In determining whether this chapter is approved by producers, the secretary shall find both of the following: (a) That at least 40 percent of the total number of producers from the list established by the secretary participated in the referendum, and that 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 this chapter, and the producers so voting market a majority of the volume of winegrapes in the preceding market season, or in the current marketing season if the harvest is completed prior to the vote, by all 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 volume of winegrapes in the preceding marketing season, or in the current marketing season if the harvest is completed prior to the vote, by all the producers who voted in the referendum. (b) That at least 40 percent of the total number of vintners from the list established by the secretary participated in the referendum, and that either one of the following has occurred: (1) Sixty-five percent or more of the vintners who voted in the referendum voted in favor of this chapter, and the vintners so voting either acquired or processed their own production, or a combination thereof, that represents a majority of the volume of winegrapes in the preceding marketing season, or in the current marketing season if the harvest is completed prior to the vote, by all the vintners who voted in the referendum. (2) A majority of the vintners who voted in the referendum voted in favor of this chapter, and the vintners so voting either acquired or processed their own production, or a combination thereof, that represents 65 percent or more of the volume of winegrapes in the preceding marketing season, or in the current marketing season if the harvest is completed prior to the vote, by all the vintners who voted in the referendum. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  78. 78904.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The secretary must set a referendum period of 10 to 60 days and may prescribe extra procedures and extend the period in some cases.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78904. The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days nor more than 60 days in duration, and may prescribe additional procedures 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. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  79. 78905.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    Not receiving a ballot 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78905. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  80. 78906.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The secretary must notify producers and vintners if a favorable vote is found, and must declare the chapter inoperative if no favorable vote is found.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78906. The secretary shall certify and give notice of a favorable vote to all producers and vintners whose names and addresses are on file with the secretary if he or she finds that a favorable vote has been given as provided in this chapter. The secretary shall certify and declare this chapter inoperative if he or she finds that a favorable vote has not been given as provided in this chapter. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  81. 78907.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    After the commission is certified, the secretary must call meetings of producers and vintners in Mendocino County to nominate and elect commission members, or may hold the election by mail 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78907. Upon certification of the commission, the secretary shall call meetings of producers and vintners in Mendocino County for the purpose of nominating and electing persons to the commission, or in the alternative, may conduct the elections by mail ballot. All producers and vintners on the secretary’s list shall be given written notice of the election meetings at least 15 days prior to the meeting date, or reasonable notice of elections by mail ballot and a reasonable time period in which to return ballots. In any election of producer and vintner members to the commission, only producers who are not also vintners may vote for producer members and alternate members, and only vintners may vote for vintner members and alternate members. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  82. 78908.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    After the first commission members and alternates are elected, later commission members must be 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78908. Subsequent to the first members and alternate members elected to the commission, persons to be elected and appointed to the commission shall be selected pursuant to the nomination and election procedures established by the commission with the concurrence of the secretary. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  83. 78909.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    Before the referendum, the commission’s proponents must deposit funds with the secretary; leftover money must be returned, and the commission may reimburse certain costs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 5. Referendum on Implementation of this Chapter [78901 - 78909] ( Article 5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78909. (a) Prior to the implementation referendum conducted by the secretary, the proponents of the commission shall deposit with the secretary the amount that the secretary deems necessary to defray the expenses in creating the commission, including, but not limited to, preparing the necessary producer and vintner lists and conducting the referendum. (b) Any funds remaining after paying expenses shall be returned to the proponents of the commission who deposited the funds with the secretary. (c) The commission may reimburse the proponents of the commission for any funds deposited with the secretary that were used in carrying out this article and for any legal or other professional fees and costs incurred in establishing the commission. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  84. 78921.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 6. Assessments [78921 - 78928] ( Article 6 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The commission must set winegrape assessment rates before each marketing season or as soon as possible after, and producers and vintners must pay assessments within the stated minimum and maximum ranges.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 6. Assessments [78921 - 78928] ( Article 6 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78921. Prior to the beginning of each marketing season, or as soon as possible thereafter, the commission shall establish assessment rates for the marketing season, as follows: (a) An annual assessment on producers of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000), as determined by the commission, based on the number of tons of winegrapes marketed during the preceding marketing season. (b) In addition, producers shall pay an assessment not less than one dollar ($1) and not greater than twelve dollars ($12) per ton of winegrapes marketed by producers. In the discretion of the commission, the producer assessment may be established as a percent of the gross dollar value received by producers for winegrapes rather than on a per ton basis. The assessment shall be established on a sliding scale that decreases the assessment by two dollars ($2) per ton, or the percentage equivalent if the assessment is a percent of gross dollar value, for every 500 tons of winegrapes marketed by producers in excess of 1000 tons. (c) An annual assessment on vintners of not less than three hundred fifty dollars ($350) and not more than seven thousand five hundred dollars ($7,500), as determined by the commission, based on the number of tons of winegrapes processed and marketed by vintners during the preceding marketing season. (d) In addition, vintners shall pay an assessment not less than one dollar ($1) and not greater than twelve dollars ($12) per ton of winegrapes processed by vintners for which an assessment has not already been paid by a producer. The assessment shall be established on a sliding scale that decreases the assessment by two dollars ($2) per ton for every 500 tons of winegrapes processed by vintners in excess of 1000 tons. (e) An assessment greater than the amount provided for in this section may not be charged unless and until a greater amount is approved by a majority of the commission and by eligible producers and vintners pursuant to the referendum procedures specified in Section 78903. (Amended by Stats. 2007, Ch. 124, Sec. 8. Effective January 1, 2008.)
  85. 78923.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 6. Assessments [78921 - 78928] ( Article 6 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section exempts some small or home-use winegrape activity from the chapter and lets eligible producers or vintners seek an assessment exemption by filing an affidavit with 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 6. Assessments [78921 - 78928] ( Article 6 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78923. This chapter shall not apply to winegrapes produced for a producer’s home or ornamental use, or processed for a vintner’s home use. A producer growing winegrapes commercially on three acres or less shall be exempted from the base assessment in subdivision (a) of Section 78921. Any producer or vintner requesting an exemption from the payment of assessments shall provide an affidavit approved by the commission containing information required by the commission. The commission shall review the affidavit, conduct any additional investigation it deems appropriate, and approve or deny the exemption. If granted, the exemption shall be valid for one marketing season and a new affidavit shall be filed and approved prior to each marketing season in order to retain an exemption from this chapter. (Amended by Stats. 2007, Ch. 124, Sec. 9. Effective January 1, 2008.)
  86. 78924.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 6. Assessments [78921 - 78928] ( Article 6 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    Producers and vintners must keep accurate winegrape records, retain them for five years, and present them for inspection when the commission or its agent demands.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 6. Assessments [78921 - 78928] ( Article 6 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78924. (a) Every producer and vintner shall keep complete and accurate records of winegrapes produced, processed, and marketed, including, but not limited to, the number of tons of winegrapes delivered to or received by vintners, whether within or outside of Mendocino County, the names of the producers from which vintners receive winegrapes, and records related to the sale of winegrapes, wine, or winegrape products. The records shall be in simple form and contain information as the commission shall prescribe. The records shall be preserved by producers and vintners for a period of five years and shall be offered and submitted for inspection at any reasonable time upon demand of the commission or its duly authorized agent. (b) For purposes of this section and for any other section of this chapter that relates to recordkeeping or the collection and remittance of assessments from producers, including any section dealing with confidentiality of information received from vintners, the term “vintner” shall include persons in this state outside Mendocino County who otherwise meet the definition of vintner in Section 78839. Those persons shall not be required to pay the vintner assessment established by the commission, but shall collect and remit assessments and reports regarding winegrapes received that were produced in Mendocino County. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  87. 78925.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 6. Assessments [78921 - 78928] ( Article 6 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The commission must keep proprietary and trade secret information confidential, with limited disclosure allowed only in specified circumstances.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 6. Assessments [78921 - 78928] ( Article 6 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78925. (a) All proprietary and trade secret information obtained by the commission from producers and vintners shall be confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding involving this chapter. The Legislature finds and declares that this provision is required to ensure that producer and vintner proprietary and trade secret information shall not be disclosed. (b) In addition, and notwithstanding any other provision of law, all proprietary or trade secret information developed or gathered pursuant to this chapter by the commission, or by the department on behalf of the commission, from any source is confidential, shall not be considered a public record as that term is defined in Section 7920.530 of the Government Code, and shall not be disclosed by the commission or the secretary except when required by a court order after a hearing in a judicial proceeding involving this chapter. (c) Information on volume shipments, crop 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 other information that give only totals, but excludes individual information, may be disclosed by the commission. (d) The commission shall determine whether information is proprietary or trade secret and not subject to disclosure. If the commission denies a request for disclosure of this information, the commission shall provide written justification for its decision to the person requesting the information who may appeal the decision of the commission to the secretary. (Amended by Stats. 2021, Ch. 615, Sec. 133. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  88. 78926.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 6. Assessments [78921 - 78928] ( Article 6 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    Assessments levied by the commission must be paid as directed by the commission, and vintners handling producer assessments must hold them in trust until remitted.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 6. Assessments [78921 - 78928] ( Article 6 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78926. (a) Any assessment levied by the commission, pursuant to this chapter, is a personal debt of every person so assessed and is due and payable in the time and manner prescribed by the commission. Failure of a vintner to collect the assessment from a producer shall not exempt the vintner from liability nor relieve the producer of the obligation to pay the assessment. (b) When the producer or vintner is a corporation, general or limited partnership, or trust, all of the directors and officers of the corporation, all of the members and managers of the limited liability company, all of the general and limited partners in the partnership, and all of the trustees of the trust, in their capacity as individuals shall be included, and any liability for violating this chapter, including, but not limited to, failing to pay assessments or file required reports, shall also include identical liability upon each director and officer of the corporation, each member and manager of the limited liability company, each general and limited partner in the partnership, and each trustee of the trust. Title to the assessments, shall pass immediately to the commission. When collecting and remitting producer assessments, vintners shall hold the assessments in trust for the benefit of the commission until remitted in the time and manner specified by the commission. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  89. 78927.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 6. Assessments [78921 - 78928] ( Article 6 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    If a person misses the filing or payment deadline set by the commission, they 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 6. Assessments [78921 - 78928] ( Article 6 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78927. Any person who fails to file a return, or remit or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due, and in addition, 1.5 percent interest per month on the unpaid balance. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  90. 78928.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 6. Assessments [78921 - 78928] ( Article 6 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    If a person fails to submit records or pay an assessment or related charge, the commission may require that person to provide and keep a surety 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 6. Assessments [78921 - 78928] ( Article 6 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78928. In addition to any other penalty imposed, the commission may require any person who fails to submit records or pay an assessment or related charge pursuant to this article to furnish and maintain a surety bond in a form and amount, and for a period of time, specified by the commission as assurance that all payments to the commission will be made when due. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  91. 78941.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 7. Violations [78941 - 78945] ( Article 7 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    It is unlawful for any person to submit false or missing commission reports or records, withhold required information, or alter required records related to winegrapes and winegrape 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 7. Violations [78941 - 78945] ( Article 7 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78941. It is unlawful for any person to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by the commission or to in any way to affect the delivery, receipt, processing, or marketing of winegrapes with the intent to avoid payment of assessments. (b) Fail to render or furnish a report, statement, or record required by the commission. (c) When engaged in the production, delivery, processing, marketing, or other activities related to winegrapes, wine, or winegrape products, to fail or refuse to furnish the commission, or its duly authorized agents, information concerning the name and address of the persons to whom winegrapes were delivered or from whom winegrapes have been received, and the quantity delivered. (d) Secrete, destroy, or alter records required to be maintained under this chapter. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  92. 78942.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 7. Violations [78941 - 78945] ( Article 7 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The commission must set procedures for informal hearings for people aggrieved by its actions or decisions. Appeals may be made to the secretary, and the secretary’s determination is subject to judicial review in superior court.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 7. Violations [78941 - 78945] ( Article 7 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78942. The commission shall establish procedures for the purpose of according individuals aggrieved by its action or determinations an informal hearing before the commission, or before a committee of the commission designated for that purpose. Appeals from decisions of the commission may be made to the secretary. The determination of the secretary shall be subject to judicial review upon petition filed with the appropriate superior court. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  93. 78943.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 7. Violations [78941 - 78945] ( Article 7 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The commission may sue to enforce the chapter, and courts must grant certain writs or injunctions when the stated showing is made.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 7. Violations [78941 - 78945] ( Article 7 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78943. (a) The commission may commence civil action and use all remedies provided in law or equity for the enforcement of this chapter, including, but not limited to, the collection of assessments, penalties, and interest, and for obtaining injunctive relief or specific performance regarding this chapter and the procedures adopted pursuant to this chapter. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any other procedure of the commission, including, but not limited to, the nonpayment of assessments. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief. (b) A writ of attachment shall be issued pursuant to Chapter 4 (commencing with Section 484.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified in Section 485.010 of the Code of Civil Procedure is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or inadequate remedy at law specified in Sections 526 and 527 of the Code of Civil Procedure is not required. (c) Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business regarding winegrapes, wine, or winegrape products until there is full compliance and satisfaction of the judgment. (d) Upon a favorable judgment for the commission, it shall be entitled to receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. (Added by renumbering Section 79843 by Stats. 2007, Ch. 130, Sec. 104. Effective January 1, 2008.)
  94. 78944.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 7. Violations [78941 - 78945] ( Article 7 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    Actions by the commission or by any person against the commission must be started within three 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 7. Violations [78941 - 78945] ( Article 7 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78944. Any action by the commission for any violation of this chapter shall be commenced within three years from the date of discovery of the alleged violation. Any action against the commission by any person shall be commenced within three years from the date of the act of which the person complains. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  95. 78945.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 7. Violations [78941 - 78945] ( Article 7 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    Ending this chapter does not cancel existing or future rights, duties, obligations, liabilities, or violations, and it does not limit the commission’s remedies.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 7. Violations [78941 - 78945] ( Article 7 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78945. The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that 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. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  96. 78961.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 8. Reapproval of Chapter [78961 - 78965] ( Article 8 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    Every five years, the secretary must hold a hearing on whether the chapter should continue, and may have to send it to a reapproval 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 8. Reapproval of Chapter [78961 - 78965] ( Article 8 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78961. Every five years, commencing with the 2011-2012 marketing season, the secretary shall hold a hearing to determine whether the operation of this chapter should be continued. If the secretary finds, after the hearing, that a substantial question exists among eligible persons regarding whether the operation of this chapter should be continued, the secretary shall submit the chapter to a reapproval referendum. If a reapproval referendum is required, the operation of this chapter shall continue in effect if the secretary finds that a majority of the eligible producers voting in the referendum voted in favor of continuing this chapter and a majority of the eligible vintners voting in the referendum voted in favor of continuing this chapter. In finding whether the commission is continued pursuant to this article, the vote of any nonprofit agricultural cooperative marketing association that is authorized by its member to so vote, shall be considered to be the approval or rejection by the individual members thereof, or the individual stockholders therein. No bond or security shall be required for any referendum required by this chapter however, this shall not apply to advance deposit of funds required by the department to cover the actual cost of a referendum. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  97. 78962.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 8. Reapproval of Chapter [78961 - 78965] ( Article 8 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    The secretary must certify the referendum result after the required hearing. If there is no favorable vote, the chapter and commission are suspended at the end of the current marketing season, and the committee’s operations are wound up and funds are distributed as Section 78964 requires.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 8. Reapproval of Chapter [78961 - 78965] ( Article 8 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78962. If the secretary finds, after conducting a hearing pursuant to Section 78961, that no substantial question exists, or that a favorable vote has been given after a referendum, the secretary shall so certify and this chapter shall remain operative. If the secretary finds that a favorable vote has not been given after a referendum vote, he or she shall so certify and declare the operation of this chapter and the commission suspended upon the expiration of the then current marketing season. Thereupon, the operations of the committee shall be wound up and concluded and funds distributed in the manner provided in Section 78964. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  98. 78963.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 8. Reapproval of Chapter [78961 - 78965] ( Article 8 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    This section lets the commission recommend suspension of the chapter, and requires the secretary to run a referendum process that can lead to suspension if the stated participation and vote thresholds are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 8. Reapproval of Chapter [78961 - 78965] ( Article 8 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78963. (a) Upon a finding by a two-thirds vote of the commission that this chapter has not tended to effectuate its declared purpose, the commission may recommend to the secretary that this chapter be suspended. However, any suspension shall not become effective until the expiration of the then current marketing season. (b) Alternatively, the secretary may be petitioned to suspend this chapter. The petition must be signed by 2 percent of the producers, by number, who produced not less than 20 percent of the volume of winegrapes in the immediately preceding marketing season and 20 percent of the vintners, by number, who acquired not less than 20 percent of the volume of winegrapes in the immediately preceding marketing season. (c) The secretary shall, upon receipt of the recommendation to suspend this chapter from the commission, and may, after holding a hearing on the petition to suspend this chapter, hold a referendum among the producers and vintners to determine if the commission shall be suspended. However, the secretary shall not hold a referendum as a result of the petition unless the petitioner shows by a preponderance of the evidence that this chapter has not tended to effectuate its declared purposes. (d) 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 as may be necessary to conduct the referendum. At the close of the referendum period, the secretary shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers and 40 percent of the total number of vintners from the lists established by the secretary participate in the referendum, the secretary shall suspend this chapter if he or she finds either of the following has occurred: (1) Sixty-five percent or more of the producers and vintners who voted in the referendum voted in favor of suspension, the producers so voting marketed the majority of the total quantity of winegrapes marketed in the preceding marketing season by all of the producers who participated in the referendum, and the vintners so voting acquired the majority of the total quantity of winegrapes acquired in the preceding marketing season by all of the vintners who participated in the referendum. (2) A majority of the producers and vintners who voted in the referendum voted in favor of suspension, the producers so voting marketed 65 percent or more of the total quantity of winegrapes marketed in the preceding marketing season by all of the producers who voted in the referendum, and the vintners so voting acquired 65 percent or more of the total quantity of winegrapes acquired in the preceding marketing season by all of the vintners who voted in the referendum. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  99. 78964.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 8. Reapproval of Chapter [78961 - 78965] ( Article 8 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    If the chapter is suspended, the commission must wind up its operations and return unused money pro rata to the people who paid assessments, unless refunding would be impractical or administratively burdensome.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 8. Reapproval of Chapter [78961 - 78965] ( Article 8 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78964. After the effective date of suspension of this chapter, the operation of the commission shall be wound up and concluded and all moneys held by the commission not required to defray the expenses of concluding and terminating the operations of the committee shall be returned on a pro rata basis to all persons from whom assessments were collected in the immediately preceding marketing season. However, if the commission finds that the amounts returnable are such that it would be impractical or administratively burdensome to calculate and refund the moneys to the assessment payers, any funds remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid to another program conducted or used to fund activities related to the subject matter of this chapter. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  100. 78965.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 8. Reapproval of Chapter [78961 - 78965] ( Article 8 added by Stats. 2005, Ch. 597, Sec. 1. )

    Verify source ↗

    If this chapter is suspended, the commission must mail a copy of the suspension notice to affected producers and vintners 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 24.5. Mendocino County Winegrape and Wine Commission [78801 - 78965] ( Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1. ) ## ARTICLE 8. Reapproval of Chapter [78961 - 78965] ( Article 8 added by Stats. 2005, Ch. 597, Sec. 1. ) ## 78965. Upon suspension of this chapter, the commission shall mail a copy of the notice of suspension to all producers and vintners affected by the suspension whose names and addresses are on file. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
  101. 79000.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    This section says the sea urchin fishery involves divers and processors working together to support a sustainable sea urchin resource and a reliable supply of quality seafood.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79000. The sea urchin fishery includes both divers and processors working together to provide a sustainable sea urchin resource and to ensure a reliable supply of quality seafood product for domestic consumption and export, thereby maintaining strong local coastal economies, fair levels of income to the thousands of persons engaged directly and indirectly in commercial fishing enterprises, and historically significant cultural and community resources of California’s coast. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  102. 79001.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The statute says seafood production and marketing, including sea urchin, are an important state industry.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79001. The production and marketing of seafood, including sea urchin, constitute an important industry of this state that provides substantial and necessary revenues for the state and employment for its citizens. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  103. 79002.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    This section says sea urchin production is important to California, and that a commission could help address economic, consumer, and resource-management concerns.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79002. The production of sea urchin for domestic consumption and export is one of the leading segments of the state’s commercial fishing industry. To maintain this significant contribution to the state’s economy and public well-being, there is a need to make regulators aware of unique economic factors affecting the sea urchin fishery and how these factors can be integrated with appropriate management measures to protect a sustainable sea urchin resource. In addition, there is a need to make consumers and the general public aware of the nutritional value of seafood, the high quality of sea urchin produced by the industry, and the opportunities available to balance sea urchin production and protection of the natural marine resources of California. The activities made possible by the establishment of a commission will meet this need and further the interests of the industry and the state. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  104. 79003.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The section says a commission is needed to support a research program on sea urchins.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79003. The establishment of a commission is necessary for the efficient creation and management of a research program to develop improved harvesting and processing practices, an integrated approach to fishery management, and more efficient resource assessment, monitoring and protection tools. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  105. 79004.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    This section says the sea urchin industry’s support for management regulations and research has helped the fishery, and that a commission will continue and strengthen that research and promotion 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79004. The successes that the sea urchin fishery in California has enjoyed have come in large part through a commitment by the industry to support appropriate management regulations guiding the harvesting of sea urchin and to fund research into resource assessment and enhancement methodology that has led to significant improvements in understanding the biology of the sea urchin resource. The establishment of a commission will continue and enhance this research effort and the ability of the industry to promote responsible fishery management regulations, all of which will move the industry toward a sustainable position, resulting in increased consumer value and enhanced economic returns. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  106. 79005.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    This section says sea urchin harvesting, processing, and marketing are affected with a public interest, and that the chapter is enacted under the state's police power.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79005. The harvesting, processing, and marketing of sea urchin 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  107. 79006.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    Actions taken by the commission, or by individuals acting under this chapter or its regulations, are not violations of specified 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79006. No action taken by the commission, or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a violation of the Cartwright Act, Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code, the Unfair Practices Act, Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code, or any statutory or common law against monopolies or combinations in restraint of trade. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  108. 79007.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    This chapter should be interpreted broadly, and if part of it is invalid, the rest can still apply when 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79007. 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  109. 79008.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    This section states that there is an opportunity to improve the stability and reliability of the sea urchin fishery.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79008. Opportunity exists for increasing the stability and reliability of the sea urchin fishery. The success of those efforts is uniquely dependent upon effective fishery and resource management, fishery biological research, industry engagement in management decisions, and fishery promotion. A stable and reliable sea urchin fishery provides an important source of jobs for many people in this state and economic activity in many small coastal communities, and serves to ensure the preservation of historically and culturally significant coastal dependent industry. (Amended by Stats. 2003, Ch. 62, Sec. 102. Effective January 1, 2004.)
  110. 79009.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    This section says the commission created by this chapter is meant to help people in the sea urchin fishery work together on management, resource protection, harvesting and processing practices, market development, expansion, and research.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 1. Declarations and General Provisions [79000 - 79009] ( Article 1 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79009. The commission form of administration created by this chapter is uniquely situated to provide those engaged in the sea urchin fishery the opportunity to avail themselves of the benefits of collective action within the broad fields of fishery management, resource protection and enhancement, harvesting and processing practices, and market development, expansion, and research necessary to achieve the purposes of this act. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  111. 79020.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 2. Definitions [79020 - 79026] ( Article 2 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The definitions in this article apply to interpreting this chapter 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 2. Definitions [79020 - 79026] ( Article 2 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79020. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  112. 79021.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 2. Definitions [79020 - 79026] ( Article 2 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    “Commission” means the California Sea Urchin 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 2. Definitions [79020 - 79026] ( Article 2 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79021. “Commission” means the California Sea Urchin Commission. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  113. 79022.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 2. Definitions [79020 - 79026] ( Article 2 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 2. Definitions [79020 - 79026] ( Article 2 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79022. “Fiscal year” means from April 1 of a year to March 31 of the next succeeding year. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  114. 79023.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 2. Definitions [79020 - 79026] ( Article 2 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    “Diver” means a person licensed to commercially harvest fish under Section 7850 of the Fish and Game Code who also holds a valid sea urchin diving permit.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 2. Definitions [79020 - 79026] ( Article 2 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79023. “Diver” means an individual licensed to commercially harvest fish pursuant to Section 7850 of the Fish and Game Code, and who in addition holds a valid sea urchin diving permit. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  115. 79024.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 2. Definitions [79020 - 79026] ( Article 2 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    This section defines “handler” for the sea urchin 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 2. Definitions [79020 - 79026] ( Article 2 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79024. “Handler” means any individual or person working for any individual or business entity licensed as one of the following who can document that they are substantially engaged in the California commercial sea urchin fishery: (a) A receiver licensed pursuant to Section 8033 of the Fish and Game Code. (b) A processor licensed pursuant to Section 8034 of the Fish and Game Code. (c) A wholesaler licensed pursuant to Section 8035 of the Fish and Game Code. (d) A business entity or organization licensed pursuant to subdivision (a) of Section 8032 of the Fish and Game Code. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  116. 79025.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 2. Definitions [79020 - 79026] ( Article 2 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    This section defines “sea urchin” to include red sea urchin, purple sea urchin, and any other sea urchin species authorized for commercial landing in the state.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 2. Definitions [79020 - 79026] ( Article 2 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79025. “Sea urchin” means the following species of fish: (a) Red sea urchin (Strongylocentrotus franciscanus). (b) Purple sea urchin (Strongylocentrotus purpuratus). (c) Any other species of sea urchin authorized for commercial landing in the state. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  117. 79026.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 2. Definitions [79020 - 79026] ( Article 2 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    “Sea urchin fishery” is defined as activities involved in harvesting, receiving, processing, manufacturing, or distributing sea urchins, parts, or products for commercial 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 2. Definitions [79020 - 79026] ( Article 2 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79026. “Sea urchin fishery” means any activity, including economic activity, involved in the harvesting, receiving, processing, manufacturing, or distributing of sea urchin, parts of sea urchin, or products therefrom, for commercial purposes. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  118. 79040.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    This section creates the California Sea Urchin Commission and sets how its voting and nonvoting members are chosen.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79040. There is in the state government the California Sea Urchin Commission. The commission shall be composed of 11 voting members, including five sea urchin handlers, five sea urchin divers, and one public member, and may include any number of nonvoting members, at the discretion of the commission. (a) Handlers shall elect five commission members from among those persons qualified pursuant to this act and licensed pursuant to the Fish and Game Code to engage in the sea urchin fishery or a person specifically representing one or more handlers. (b) (1) Divers statewide shall elect five persons from among those persons qualified pursuant to this act and licensed pursuant to the Fish and Game Code to engage in the sea urchin fishery. (2) One diver member shall be elected from each of the following areas: (A) San Diego County. (B) Orange or Los Angeles County. (C) Ventura County. (D) Santa Barbara County. (E) Sonoma or Mendocino County. (3) Persons nominated for election to the commission as a diver member shall be nominated by a petition signed by not less than five divers eligible to vote pursuant to this chapter. (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 nonvoting members of the commission. (e) If the secretary finds, pursuant to Section 79103, that either the divers or handlers, but not both, have voted in favor of the referendum, the number of commission voting members shall be six, composed of either five divers or five handlers, depending on which portion of the industry voted in favor of the referendum, elected pursuant to this section and one public member. (f) If the composition of the commission is determined by subdivision (e) it shall also include at least one nonvoting member appointed by the commission representing either divers or handlers, whichever did not vote in favor of the referendum. (Amended by Stats. 2006, Ch. 499, Sec. 22. Effective January 1, 2007.)
  119. 79041.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79041. (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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  120. 79042.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79042. 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  121. 79043.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    If the secretary must concur in a commission decision, the secretary must respond to the commission within 15 working days after notification. The response may require additional information.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79043. 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  122. 79044.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission must reimburse the secretary for expenditures made in carrying out chapter duties, but a court may relieve the commission from 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79044. 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  123. 79045.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    Alternates for regular members may be elected like members, except for nonvoting members. When substituting, an alternate serves in place of the member and may exercise the member’s rights, privileges, and powers. If a member becomes ineligible or leaves office for specified reasons, the alternate acts until a qualified successor is elected or appointed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79045. Except for nonvoting members, alternates for regular members may be elected in the same manner as members. An alternate shall, in the absence of the member for whom he or she is substituting, serve in place of a member and shall have and be able to exercise all the rights, privileges, and powers of a 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, an alternate shall act as a member of the commission until a qualified successor is elected or appointed. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  124. 79046.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    If a commission seat becomes vacant for certain reasons, the remaining members must fill it by majority vote 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79046. 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  125. 79047.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    If a public member’s seat on the commission becomes vacant for specified reasons, the secretary must fill it for the rest of the term from nominees recommended by the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79047. 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  126. 79048.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    Handler members and alternates on the commission must meet stated eligibility requirements and keep them throughout their term, and they cannot have certain recent convictions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79048. (a) (1) Any handler member and his or her alternate on the commission shall be an individual handler or an employee or representative of one or more handlers who have an ownership interest in a handling facility or who can document a substantial financial interest in processing or causing to be processed sea urchin for market. (2) Qualifications of handler members and their alternates shall be maintained during their entire term of office. (b) Any handler member or his or her alternate shall not have been convicted within the two years prior to election to the commission of a violation of any law related to the business of commercially handling any fish or seafood products, not including any technical reporting or paperwork violation. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  127. 79049.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    Diver members and their alternates on the commission must be individual divers with documented sea urchin landings from the previous commercial fishing license year, must keep those qualifications throughout their term, and must not have certain recent commercial-fishing-law convictions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79049. (a)Any diver member and his or her alternate on the commission shall be an individual diver who has documented landings of sea urchin in the previous commercial fishing license year. Qualifications of diver members and their alternates shall be maintained during their entire term of office. (b) Any diver member or his or her alternate shall not have been convicted within the two years prior to election to the commission of a violation of any law related to commercial fishing, not including any technical reporting or paperwork violation. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  128. 79050.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission’s public member and alternate have the same powers, rights, and privileges as other members or alternates, but they may not have any financial interest in the sea urchin fishery.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79050. 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 sea urchin fishery. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  129. 79051.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    Commission members and alternates, except nonvoting members, serve two-year terms and cannot serve more than two consecutive terms.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79051. (a) The term of office of all members and alternates on the commission, except nonvoting members, shall be two years from the beginning of the fishery season in the year of their election and may serve not more than two consecutive terms. Following the final term, a member may serve up to 12 months or until a qualified successor is elected, whichever occurs first. (b) A member or alternate who has served the maximum number of sequential years authorized by this section shall be again eligible for election to the commission following a period of not less than 12 months during which he or she has not served as either a member or an alternate. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  130. 79052.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79052. 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  131. 79053.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission has a quorum when six voting members are present, including at least two handlers and two divers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79053. A quorum of the commission shall be six voting members, including at least two handlers and two divers. Except as provided in Section 79143, 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  132. 79054.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The secretary or the secretary’s representative may attend commission and committee meetings, but not executive sessions or litigation discussion meetings.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79054. The secretary or his or her representative 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  133. 79055.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    Commission members and certain committee members may not receive a salary, but they may receive approved travel and meal reimbursements for qualifying commission-related travel or attendance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79055. 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 nonvoting 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  134. 79056.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission must deposit covered funds in approved accounts, use commission funds only for chapter purposes, bond designated agents, and may invest excess funds.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79056. (a) All funds received by the commission or an agent of the commission from the assessments levied under this chapter or otherwise received by the commission shall be deposited in accounts that the commission may designate and the secretary shall approve. Commission funds shall by expended for the purposes of this chapter only 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). (b) Funds that exceed the amount of funds necessary for the annual operations of the commission and a prudent reserve may be invested by the commission in any of the securities authorized in Section 16430 of the Government Code. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  135. 79057.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The state and commission personnel are shielded from liability for commission acts and contracts, with some limits.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 3. The California Sea Urchin Commission [79040 - 79057] ( Article 3 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79057. 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  136. 79061.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may make, change, отмен? No. The commission may adopt 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79061. 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  137. 79062.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may administer and enforce this chapter and take actions reasonably needed to promote and maintain the sea urchin commercial fishing 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79062. 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 sea urchin commercial fishing industry. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  138. 79063.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may appoint its own officers, including a chairperson and vice chairpersons, and the officers have the powers and duties the commission gives them.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79063. 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  139. 79064.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may hire an executive officer, other personnel, and legal counsel. The secretary must notify the commission if a commission employee’s conduct is not in the public interest or violates the chapter, and may suspend or discharge the person if the commission does not take satisfactory corrective or disciplinary action.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79064. The commission may employ a person or firm to serve at the pleasure of the commission as 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. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  140. 79065.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may set the compensation for all of its employees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79065. The commission may fix the compensation for all employees of the commission. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  141. 79066.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79066. 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  142. 79067.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may set up offices, spend money, make contracts and agreements, 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79067. 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  143. 79068.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission must keep accurate books and records, have them audited annually, and share the audit summary with affected persons and the department. The secretary may also conduct a fiscal and compliance audit.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79068. 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 entity or 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 appropriate, conduct or cause to be conducted a fiscal and compliance audit of the commission. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  144. 79069.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may present facts to and negotiate with state, federal, and foreign agencies about matters affecting the sea urchin commercial fishing 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79069. The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the sea urchin commercial fishing industry. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  145. 79070.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may run education, information, surveys, and promotional standard-setting programs for the sea urchin industry, but it may not use commission funds to advertise brand-name sea urchin 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79070. (a) The commission may carry out industry educational programs with respect to proper methods of handling and preserving the quality of sea urchin to protect the public health, the economic viability of the fishery, and employee and diver safety and may conduct market surveys and analyses. (b) The commission may carry out public information programs regarding, but not limited to, the condition of the sea urchin resource, efforts to ensure a sustainable sea urchin resource, sea urchin quality standards the commission may adopt, and other programs to promote the sea urchin fishery. No commission funds shall be expended to advertise brand name sea urchin products. (c) The commission may adopt quality standards, a sea urchin fishery logo or trademark, or other promotional tools consistent with this chapter and other applicable laws. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  146. 79071.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may conduct or commission scientific research about sea urchin fisheries and related management, production, marketing, and distribution topics.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79071. The commission may conduct, or contract with others to conduct, scientific research, including the study, analysis, dissemination, and accumulation of information obtained from research or elsewhere, regarding the importance and methods for maintaining a sustainable sea urchin fishery, fishery management, resource management and enhancement, cost-efficient production practices, and marketing and distribution of sea urchin and sea urchin products. 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  147. 79072.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may enter into contracts to acquire services and make other agreements needed to carry out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79072. The commission may enter into contracts to acquire and render services in preparing plans and conducting programs and other contracts or agreements that the commission may deem necessary for carrying out this chapter. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  148. 79073.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may accept and match certain funds, and give funds to other persons or agencies, to promote and maintain the sea urchin fishery.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79073. The commission may accept contributions of, or match private, state, or federal funds, and employ or make contributions of funds to other persons or state or federal agencies for purposes of promoting and maintaining the sea urchin fishery. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  149. 79074.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may collect information and may publish and distribute bulletins, newsletters, or other communications without charge to persons 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79074. The commission may collect information, including, but not limited to, fishery landing statistics, and publish and distribute without charge, a bulletin, newsletter, or other communication to persons subject to this chapter. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  150. 79075.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79075. The commission shall establish an assessment rate to defray operating costs of the commission. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  151. 79076.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission must set an annual budget and keep expenditure records using generally accepted accounting practices, and the secretary must review the budget and expenditures.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79076. (a) The commission shall establish an annual budget and maintain records of expenditures according to generally accepted accounting practices. The budget shall be concurred in by the secretary prior to disbursement of funds, except for ongoing disbursements made in relation to employees of the commission. (b) The secretary shall review the annual budget and expenditures to ensure that only reasonable and necessary administrative costs are paid for the proper operation of the commission’s activities. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  152. 79077.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79077. 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  153. 79078.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission and the secretary must keep certain lists confidential and not disclose them, except when a court order requires disclosure 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79078. 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 divers and handlers access to communication with other divers and handlers regarding nonproprietary matters affecting the commission and persons subject to its jurisdiction. The access shall not include the actual release of the names and addresses of divers and handlers in the possession of the commission or the secretary. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  154. 79079.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79079. 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  155. 79080.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may administer certain government programs related to chapter activities that directly affect the sea urchin fishery, 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79080. The commission may administer any government program engaged in the activities authorized by this chapter and that directly affects the sea urchin fishery, upon the request of an authorized agent of the program. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  156. 79081.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may approve stipends for commission members, up to $125 per day and $500 in any single month, when the member is on official commission business.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 4. Powers and Duties of the Commission [79061 - 79081] ( Article 4 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79081. The commission may approve payment of a stipend to commission members of not more than one hundred twenty-five dollars ($125) for each day a member is on official commission business pursuant to Section 79055, not to exceed five hundred dollars ($500) in any single month. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  157. 79100.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [79100 - 79104] ( Article 5 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The secretary must create a voter list for divers and handlers within 60 days after the chapter takes effect, and the Fish and Game Director must provide requested information within 30 days.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [79100 - 79104] ( Article 5 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79100. (a) Within 60 days of the effective date of this chapter, the secretary shall establish a list of divers and handlers eligible to vote on implementation of this chapter. In establishing the list, the secretary may require that divers and handlers submit the names and mailing addresses of all divers and handlers. The secretary also may request assistance of the Director of Fish and Game for the names of all licensed divers and handlers engaged in the sea urchin fishery during the previous season and the volume of landings of each diver. The request for information shall be in writing and the information provided shall be confidential and not made public. Notwithstanding Section 8022 or any other provision of law, the Director of Fish and Game shall comply with the request within 30 days of receipt. (b) Any diver and handler 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 diver or handler, and submitting other supporting documentation. 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 establishing the commission pursuant to this chapter may contact divers and handlers on the lists through the secretary, in a form and manner prescribed by the secretary, if all expenses associated with those contacts are paid in advance. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  158. 79101.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [79100 - 79104] ( Article 5 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    This chapter does not become operative until the secretary finds that a referendum vote meets one of the listed participation, approval, and production-volume combinations.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [79100 - 79104] ( Article 5 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79101. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds at least one of the following in a referendum vote conducted by the secretary: (a) At least 40 percent of the total number of divers 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 divers who voted in the referendum voted in favor of establishing the commission, and the divers so voting landed a majority of the total quantity of sea urchin landed in the preceding fishing season by all of the divers who voted in the referendum. (2) A majority of the divers who voted in the referendum voted in favor of establishing the commission, and the divers so voting landed 65 percent or more of the total quantity of sea urchin landed in the preceding fishing season by all of the divers 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 establishing the commission, and the handlers so voting handled a majority of the total quantity of sea urchin in the preceding fishing 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 establishing the commission, and the handlers so voting handled 65 percent or more of the total quantity of sea urchin in the preceding fishing season by all of the handlers who voted in the referendum. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  159. 79102.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [79100 - 79104] ( Article 5 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The secretary must set the referendum period at 10 to 60 days and may add procedures or extend the period if needed, but the total period cannot exceed 60 days.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [79100 - 79104] ( Article 5 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79102. (a) 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, including measures to maximize the likelihood that all eligible persons receive referendum voting materials. 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. (b) Nonreceipt of a ballot by an eligible person shall not invalidate a referendum. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  160. 79103.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [79100 - 79104] ( Article 5 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The secretary must certify and notify affected parties if a favorable vote is found; if not, the chapter is declared inoperative. The secretary may hold another referendum at least one year later.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [79100 - 79104] ( Article 5 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79103. (a) If the secretary finds that a favorable vote has been given, pursuant to Section 79101, the secretary shall certify and give notice of the favorable vote to all affected divers and handlers whose names and addresses are on file with the secretary. (b) If the secretary finds that a favorable vote has not been given, pursuant to Section 79101, the secretary shall certify and declare all provisions of this chapter inoperative. The secretary may conduct other implementation referendum votes one year or more following certification of a previous vote. (c) If the secretary finds that a favorable vote has been given by either the divers or the handlers, but not both, the secretary shall certify and give notice of the favorable vote to all the divers and handlers whose names and addresses are on file with the secretary and this chapter shall be in effect only with regard to the divers or handlers, but not both, voting in favor of the referendum. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  161. 79104.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [79100 - 79104] ( Article 5 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    Before the referendum vote, the commission’s proponents must deposit the amount the secretary says is needed to cover voting-related 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 5. Implementation and Voting Procedures [79100 - 79104] ( Article 5 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79104. (a) Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary the amount that the secretary deems necessary to defray the expenses of preparing the necessary lists and information and conducting the vote. (b) Any funds not used in carrying out Section 79101 shall be deposited in the funds of the commission. (c) Upon establishment of the commission, the commission may reimburse the proponents of the commission for any funds deposited with the secretary that were used in carrying out this article, and for any legal expenses and costs incurred in establishing the commission. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  162. 79120.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission must set or carry forward a sea urchin assessment each year, and divers and handlers generally pay half each.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79120. (a) The commission shall establish an assessment for the season not later than February 1 of each year or continue the previous assessment. The assessment in the first year of the commission’s operation shall be one cent ($0.01) for each pound of sea urchin landed or delivered by divers to handlers in the state. The maximum assessment that can be levied by majority vote of the commission shall not exceed three cents ($0.03) for each pound of sea urchin landed. (b) An assessment greater than the amount provided for in this section may not be levied unless and until a greater fee is approved by a majority of the commission and by eligible divers and handlers pursuant to procedures specified in this act. (c) The diver and the handler shall each pay one-half of the assessment established pursuant to this section. If the divers do not vote, pursuant to this act, to approve the commission, a diver is not required to pay any portion of the assessment. If handlers do not vote, pursuant to this act, to approve the commission, a handler is not required to pay any portion of the assessment. If either divers or handlers, but not both, vote in favor of the commission, the assessment may not exceed one-half of the amounts authorized by this section. (d) Any assessment that is levied as provided for in this section is a personal debt of every person assessed. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  163. 79121.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    People or entities handling sea urchin in any quantity must keep complete records of related purchases and sales, preserve them for three years, and present 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79121. (a) Every person or entity who handles sea urchin in any quantity shall keep a complete and accurate record of all transactions involving the purchase or sale of sea urchin. The records shall be in a simple form and contain such information as the commission shall prescribe. The records shall be preserved by the handler for a period of three years, and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. (b) The assessment imposed by this article shall be paid consistent with the applicable procedures required for the payment of landing fees pursuant to Article 7.5 (commencing with Section 8040) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code. The fees imposed shall be paid quarterly pursuant to Section 8053 of the Fish and Game Code. If fees are not paid as required, the commission shall collect amounts owed under the procedures prescribed for sales and use taxes provided in Chapter 5 (commencing with Section 6451) of Part 1 of Division 2 of the Revenue and Taxation Code, insofar as they may be applicable, and for those purposes, “board” means the commission and “the date on which the tax became due and payable” means 30 days after the close of the quarter for which it is due. (c) Sections 8058 to 8070, inclusive, of the Fish and Game Code, shall apply to claims for overpayment of assessments to the commission. For the purposes of this subdivision, “department” as used in those sections, means the commission, and “landing fee” means the assessment imposed under this article. (Amended by Stats. 2017, Ch. 26, Sec. 44. (SB 92) Effective June 27, 2017.)
  164. 79122.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    Proprietary information held by the commission or secretary must not be disclosed, except under a court order after a hearing; certain aggregate or totals-only information may be disclosed by the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79122. (a) All proprietary information obtained by the commission or the secretary from any source, including, but not limited to, the names and addresses of divers and the volume and value of landings made or purchased, is confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding. (b) Information on volume and value of landings, 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 gives only totals, but excludes individual diver or handler information, may be disclosed by the commission. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  165. 79123.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The first handler of assessed sea urchin must deduct the assessment from payments to the diver and hold the assessment as a trustee until it is paid to the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79123. The first handler of sea urchin being assessed shall deduct the assessment from amounts paid by him or her to the diver, and shall be a trustee of these assessments until they are paid to the commission at the time and in the manner prescribed by the commission. Failure to collect the assessment from any diver shall not exempt the handler from liability. In addition, failure of a handler to remit the collected diver assessments to the commission shall not relieve the diver of this obligation. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  166. 79124.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    If the handler is a corporation, the corporation’s directors and officers are treated as included as individuals, and they share the same liability for chapter violations, including failing to pay or collect 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79124. When the handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for violating this chapter, including but not limited to, failing to pay assessments or to collect assessments, shall also include identical liability upon each director or officer of the corporation. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  167. 79125.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    If a person does not pay an assessment or submit required records on time, the person 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79125. Any person who fails to pay any assessment, including submitting any records required by the commission, within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, shall pay 11/2 percent interest per month on the unpaid balance. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  168. 79126.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    If someone fails to pay an assessment or related charge, the commission may require that person to post and keep a surety 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79126. In addition to any other penalty imposed, the commission may require any person who fails to pay an assessment or related charge pursuant to this article to furnish and maintain a surety bond in a form and amount, and for a period of time, specified by the commission as assurance that all payments to the commission will be made when due. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  169. 79127.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    It is a misdemeanor for any person to give false or missing commission-required sea urchin reports or records, withhold requested sales/receipt information, or hide, destroy, or alter required records.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79127. It is a misdemeanor for any person to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by the commission, or in any way to affect the shipment and marketing of sea urchin with the intent to avoid payment of assessments. (b) Fail to render or furnish a report, statement, or record required by the commission. (c) When engaged in the fishing of sea urchin or in the wholesale or retail trade of sea urchin, to fail or refuse to furnish to the commission or its duly authorized agents, upon request, information concerning the name and address of the persons to whom sea urchin were sold or from whom sea urchin were received, and the quantity sold or received. (d) Secrete, destroy, or alter records required to be kept under this chapter. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  170. 79128.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission must set up procedures so people aggrieved by its actions or decisions can get an informal hearing, and appeals may be taken 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79128. The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission, or before a committee of the commission designated for that purpose. Appeals from decisions of the commission may be made to the secretary. The determination of the secretary shall be subject to judicial review upon petition filed with the appropriate superior court. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  171. 79129.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may sue to collect assessments and penalties and to seek injunctive or specific relief, and courts must grant requested writs or injunctions when the stated showing is made.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79129. (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for the obtaining of injunctive relief or specific performance regarding this chapter and the regulations adopted pursuant to this chapter. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any other regulation of the commission, including, but not limited to, the nonpayment of assessments. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief. (b) A writ of attachment shall be issued pursuant to Chapter 4 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified in Section 485.010 of the Code of Civil Procedure is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or inadequate remedy at law specified in Sections 526 and 527 of the Code of Civil Procedure is not required. (c) Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business regarding sea urchin until there is full compliance and satisfaction of the judgment. Upon a favorable judgment for the commission, it shall be entitled to receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  172. 79130.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission and any person bringing an action against the commission must start it within two years, measured from the relevant discovery date or the date of the complained-of act.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79130. Any action by the commission for any violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. Any action against the commission by any person shall be commenced within two years from the date of the act of which the person complains. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  173. 79131.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    If this chapter ends, existing or later-arising rights, duties, obligations, liabilities, and violations are not wiped out, and the commission keeps its remedies for 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79131. The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that 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. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  174. 79132.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission may work with the Director of Fish and Wildlife, and it must reimburse the Department of Fish and Wildlife for reasonable administrative costs if an agreement is made.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 6. Assessments and Records [79120 - 79132] ( Article 6 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79132. (a) The commission may consult and enter into agreements with the Director of Fish and Wildlife, if necessary and appropriate, to assist in the administration and enforcement of this chapter, including, but not limited to, collecting assessments authorized by this chapter and providing routine information regarding the persons that may be subject to this chapter. (b) The commission may enter into an agreement with the director regarding the expenses associated with the distribution of two hundred dollars ($200) of the total fee for a sea urchin permit authorized pursuant to, and described in, Sections 9054.5 and 9055 of the Fish and Game Code. (c) If an agreement is established, the commission shall reimburse the Department of Fish and Wildlife for reasonable administrative costs associated with the agreement. (Amended by Stats. 2023, Ch. 876, Sec. 25. (SB 500) Effective January 1, 2024.)
  175. 79140.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 7. Continuation or Suspension and Termination [79140 - 79145] ( Article 7 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The secretary must hold a hearing every five years to decide whether this chapter should continue, and may have to send it to a reapproval referendum if a substantial question is found.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 7. Continuation or Suspension and Termination [79140 - 79145] ( Article 7 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79140. Every five years, commencing with the fifth year following certification of the commission, the secretary shall hold a hearing to determine whether the operation of this chapter should be continued. If the secretary finds after the hearing that a substantial question exists among eligible persons regarding whether the operation of this chapter should be continued, the secretary shall submit the chapter to a reapproval referendum. If a reapproval referendum is required, the operation of this chapter shall be continued in effect if the secretary finds that a majority of the eligible persons voting in the referendum, voted in favor of continuing this chapter. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  176. 79141.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 7. Continuation or Suspension and Termination [79140 - 79145] ( Article 7 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The secretary must certify certain findings after a hearing, which keeps the chapter operative or triggers suspension after the fishing season, and no bond or security is required for 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 7. Continuation or Suspension and Termination [79140 - 79145] ( Article 7 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79141. If the secretary finds after conducting a hearing that no substantial question exists or that a favorable vote has been given, the secretary shall so certify and this chapter shall remain operative. If the secretary finds that a favorable vote has not been given, he or she shall so certify and declare the operation of this chapter and the commission suspended upon the expiration of the fishing season of the year in which the certification is made. Thereupon, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 79144. No bond or security shall be required for any such referendum. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  177. 79142.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 7. Continuation or Suspension and Termination [79140 - 79145] ( Article 7 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    The commission must conduct the Section 79140 process every five years after its initial certification, unless a referendum is held under Section 79143.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 7. Continuation or Suspension and Termination [79140 - 79145] ( Article 7 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79142. The process specified in Section 79140 shall be conducted by the commission every fifth year following the initial certification of the commission, unless a referendum is conducted as the result of a petition pursuant to Section 79143. In that case, the hearing, and the referendum if required, shall be conducted every fifth year following the industry petitioned referendum. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  178. 79143.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 7. Continuation or Suspension and Termination [79140 - 79145] ( Article 7 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    This section lets the commission recommend suspending the chapter, and gives the secretary authority to 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 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 7. Continuation or Suspension and Termination [79140 - 79145] ( Article 7 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79143. (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 achieve 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 fishing season. (b) The secretary shall, upon receipt of the recommendation, or may, after a public hearing to review a petition filed with him or her requesting a suspension signed by 20 percent of the divers and handlers who landed or handled not less than 20 percent of the total quantity of sea urchin in the immediately preceding fishing season, hold a referendum among the divers and handlers 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 the weight of evidence that this chapter has not tended to achieve its declared purposes. (c) The secretary shall establish a referendum period, which shall not be less than 10 days or more than 60 days in duration. The secretary may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. If at least 40 percent of the total number of divers and handlers from the list established by the secretary participate in the referendum, the secretary shall suspend the operation of this chapter if he or she finds either one of the following has occurred: (1) Sixty-five percent or more of the divers and handlers who voted in the referendum voted in favor of suspension, and the divers and handlers so voting sold or handled a majority of the total quantity of sea urchin in the preceding fishing season by all of the divers and handlers who voted in the referendum. (2) A majority of the divers and handlers who voted in the referendum voted in favor of suspension, and the divers and handlers so voting landed or handled 65 percent or more of the total quantity of sea urchin in the preceding fishing season by all of the divers and handlers who voted in the referendum. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  179. 79144.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 7. Continuation or Suspension and Termination [79140 - 79145] ( Article 7 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

    If the chapter is suspended, the commission must shut down operations and refund leftover money pro rata to the people who paid assessments, unless the refund amounts are too small to handle practically.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 7. Continuation or Suspension and Termination [79140 - 79145] ( Article 7 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79144. After the effective date of suspension of this chapter, the operation of the commission shall be concluded and all moneys held by the commission not required to defray the expenses of concluding and terminating operations of the commission shall be returned on a pro rata basis to all persons from whom assessments were collected in the immediately preceding fishing season. However, if the commission finds that the amounts returnable are so small as to make impractical the computation and remitting of the prorated 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 state or federal program conducted or used to fund activities related to the subject matter of this chapter. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  180. 79145.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 7. Continuation or Suspension and Termination [79140 - 79145] ( Article 7 added by Stats. 2002, Ch. 973, Sec. 2. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25. Sea Urchins [79000 - 79145] ( Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2. ) ## ARTICLE 7. Continuation or Suspension and Termination [79140 - 79145] ( Article 7 added by Stats. 2002, Ch. 973, Sec. 2. ) ## 79145. Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all eligible persons affected by the suspension whose names and addresses are on file. (Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
  181. 79150.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    This section says the spiny lobster fishery involves fishermen and handlers working together to support a sustainable lobster resource and a reliable seafood supply.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79150. The spiny lobster fishery includes both fishermen and handlers working together to provide a sustainable spiny lobster resource and to ensure a reliable supply of quality seafood product for domestic consumption and export, thereby maintaining strong local coastal economies, fair levels of income to the thousands of persons engaged directly and indirectly in commercial fishing enterprises, and historically significant cultural and community resources of California’s coast. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  182. 79150.5.

    ## 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The provision states that producing and marketing seafood, including spiny lobster, is an important industry for the state because it provides revenue and jobs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79150.5. The production and marketing of seafood, including spiny lobster, constitute an important industry of this state that provides substantial and necessary revenues for the state and employment for its citizens. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  183. 79151.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    This section says spiny lobster production is an important part of California’s fishing industry and explains why a commission is needed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79151. The production of spiny lobster for domestic consumption and export is one of the leading segments of the state’s commercial fishing industry. To maintain this significant contribution to the state’s economy and public well-being, there is a need to make regulators aware of unique economic factors affecting the spiny lobster fishery and how these factors can be integrated with appropriate management measures to protect a sustainable spiny lobster resource. In addition, there is a need to make consumers and the general public aware of the nutritional value of seafood, the high quality of spiny lobster produced by the industry, and the opportunities available to balance spiny lobster production and protection of the natural marine resources of California. The activities made possible by the establishment of a commission will meet this need and further the interests of the industry and the state. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  184. 79151.5.

    ## 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The section says a commission is necessary to support a research program for better harvesting, processing, fishery management, and resource monitoring and protection.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79151.5. The establishment of a commission is necessary for the efficient creation and management of a research program to develop improved harvesting and processing practices, an integrated approach to fishery management, and more efficient resource assessment, monitoring, and protection tools. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  185. 79152.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The section says California’s spiny lobster industry has benefited from management rules and research, and that creating a commission is meant to continue and improve those efforts.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79152. The successes that the spiny lobster fishery in California has enjoyed have come in large part through a commitment by the industry to support appropriate management regulations guiding the harvesting of spiny lobster and to fund research into resource assessment and enhancement methodology that has led to significant improvements in understanding the biology of the spiny lobster resource. The establishment of a commission will continue and enhance this research effort and the ability of the industry to promote responsible fishery management regulations, all of which will move the industry toward a sustainable position, resulting in increased consumer value and enhanced economic returns. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  186. 79152.5.

    ## 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The section declares spiny lobster harvesting, processing, 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.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79152.5. The harvesting, processing, and marketing of spiny lobster 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. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  187. 79153.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79153. No action taken by the commission, or by any individual in accordance with this chapter is a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or any statutory or common law against monopolies or combinations in restraint of trade. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  188. 79153.5.

    ## 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    This chapter must be read liberally, and if part of it is invalid, the rest can still apply if it works 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79153.5. This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, 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. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  189. 79154.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    This section says the spiny lobster fishery has an opportunity to become more stable and reliable, and that success depends on management, research, industry participation, and promotion.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79154. Opportunity exists for increasing the stability and reliability of the spiny lobster fishery. The success of those efforts is uniquely dependent upon effective fishery and resource management, fishery biological research, industry engagement in management decisions, and fishery promotion. A stable and reliable spiny lobster fishery provides an important source of jobs for many people in this state and economic activity in many small coastal communities, and serves to ensure the preservation of historically and culturally significant coastal dependent industry. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  190. 79154.5.

    ## 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission form of administration is described as a way for people engaged in the spiny lobster fishery to use collective action for fishery management, resource protection, harvesting and processing practices, and market development, expansion, and research.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79150 - 79154.5] ( Article 1 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79154.5. The commission form of administration created by this chapter is uniquely situated to provide those engaged in the spiny lobster fishery the opportunity to avail themselves of the benefits of collective action within the broad fields of fishery management, resource protection and enhancement, harvesting and processing practices, and market development, expansion, and research necessary to achieve the purposes of this chapter. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  191. 79155.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79155. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  192. 79155.5.

    ## 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    This section defines “Commission” as the California Spiny Lobster 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79155.5. “Commission” means the California Spiny Lobster Commission. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  193. 79156.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    “Ex officio” means nonvoting members of the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79156. “Ex officio” means nonvoting members of the commission. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  194. 79156.5.

    ## 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    “Fiscal year” and “marketing season” mean February 1 through January 31 of the following year.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79156.5. “Fiscal year” and “marketing season” have the same meaning as the period of February 1 of any year and extending through January 31 of the following year. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  195. 79157.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    This section defines “fisherman” or “fishermen” 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79157. “Fisherman” or “fishermen” means a person licensed to commercially harvest fish pursuant to Section 7850 of the Fish and Game Code, who in addition holds a valid spiny lobster fishing permit, and has documented landings of spiny lobster in the previous marketing season. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  196. 79157.5.

    ## 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    This section defines “handler” as a person engaged with certain licensed fish and game code licensees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79157.5. “Handler” means a person engaged with the following licensees: (a) Licensed pursuant to Section 8033 of the Fish and Game Code. (b) Licensed pursuant to Section 8034 of the Fish and Game Code. (c) Licensed pursuant to Section 8035 of the Fish and Game Code. (d) Licensed pursuant to subdivision (a) of Section 8032 of the Fish and Game Code. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  197. 79158.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    “Spiny lobster” means the Panulirus interruptus species.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79158. “Spiny lobster” means the Panulirus interruptus species. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  198. 79158.5.

    ## 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    This section defines “spiny lobster fishery” as commercial activities involving harvesting, receiving, processing, manufacturing, or distributing spiny lobster, parts, or 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 2. Definitions [79155 - 79158.5] ( Article 2 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79158.5. “Spiny lobster fishery” means any activity, including economic activity, involved in the harvesting, receiving, processing, manufacturing, or distributing of spiny lobster, parts of spiny lobster, or products therefrom, for commercial purposes. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  199. 79160.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 3. The California Spiny Lobster Commission [79160 - 79168] ( Article 3 added by Stats. 2017, Ch. 503, Sec. 1. )

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    The section creates the California Spiny Lobster Commission and sets out how some members are elected or appointed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 3. The California Spiny Lobster Commission [79160 - 79168] ( Article 3 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79160. (a) There is in the state government the California Spiny Lobster Commission. The commission shall be composed of six fishermen members and one public member. The secretary and other appropriate persons, as determined by the appointed commissioners, shall serve as ex officio members. (b) The fishermen members of the commission shall be elected as follows: (1) One fisherman member shall be elected by the fishermen in that county from each of the following counties: (A) County of San Diego. (B) County of Orange. (C) County of Ventura. (D) County of Santa Barbara. (E) County of Los Angeles. (2) One at-large member who is a qualified fisherman from any county shall be elected by all fishermen statewide. (c) Persons nominated for election to the commission as a fisherman member shall submit a petition signed by not less than five fishermen. (d) The public member shall be appointed to the commission by the secretary from nominees recommended by the commission. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  200. 79160.5.

    ## 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 3. The California Spiny Lobster Commission [79160 - 79168] ( Article 3 added by Stats. 2017, Ch. 503, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 3. The California Spiny Lobster Commission [79160 - 79168] ( Article 3 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79160.5. (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, upon written notice, may suspend all or a portion of the activities or functions of the commission until the time that the cessation or correction of the activities or functions as required by the secretary has been accomplished by the commission. (c) 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. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)

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