Food and Agricultural Code — Part 45 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 45 of 48 · provisions 8,801–9,000

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

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

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Provisions of Food and Agricultural Code

Showing 200 of 9,557

  1. 79161.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 commission or the secretary may ask a court for judicial relief about the secretary’s written notice or the commission’s noncompliance, and the court may grant restraining orders, injunctions, 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 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. ) ## 79161. 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. 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.)
  2. 79161.5.

    ## 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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    When the secretary must concur in a commission decision, the secretary must respond to the commission within 15 working days after notification.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 79161.5. 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 the notification of the decision. The secretary’s response may be a requirement that additional information be provided. (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.)
  3. 79162.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 commission must reimburse the secretary for expenditures made in carrying out chapter duties, but a court may excuse the commission from paying the secretary’s legal costs if the court finds 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 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. ) ## 79162. 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, if it finds that the secretary acted arbitrarily or capriciously in restricting the activities or functions of the commission, may relieve the commission of the responsibility for the payment of the secretary’s legal costs with regard to that action. (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.)
  4. 79162.5.

    ## 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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    Alternates for regular members may be elected, and when serving in a member’s absence they take the member’s place and may exercise the member’s rights, privileges, and powers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 79162.5. Alternates for regular members may be elected in the same manner as members. An alternate, in the absence of the member for whom he or she is substituting, shall 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 a change in status makes a member ineligible to serve or due to the 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. 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.)
  5. 79163.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    If a commission seat becomes vacant because the member or alternate becomes ineligible, dies, is removed, or resigns, the remaining members must fill the seat 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 25.5. 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. ) ## 79163. A vacancy on the commission occurring by the failure of a 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. (Amended by Stats. 2018, Ch. 92, Sec. 79. (SB 1289) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  6. 79163.5.

    ## 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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    If a public member’s seat on the commission becomes vacant for specified reasons, the secretary must fill it with another eligible person for the rest of the term.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 79163.5. 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. 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.)
  7. 79164.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    A fisherman convicted of a non-technical commercial fishing law violation within two years before election cannot be elected to the commission, and a member convicted during service must be immediately disqualified.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 79164. A fisherman shall not be eligible to be elected to the commission as a member or alternate if he or she has been convicted of a violation of any law related to commercial fishing, not including any technical reporting or paperwork violation, within two years of seeking election to the commission and shall be immediately disqualified from serving on the commission if he or she is convicted during his or her term of service on 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.)
  8. 79164.5.

    ## 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 commission’s public member and alternate member have the same powers, rights, and privileges as other members, but they must not have a financial interest in the spiny lobster 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 25.5. 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. ) ## 79164.5. 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 a financial interest in the spiny lobster fishery. (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.)
  9. 79165.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    Commission members and alternates generally serve three-year terms, with limits on consecutive service.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 79165. (a) The term of office of all members and alternates on the commission, except ex officio members, shall be three 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 until a qualified successor is elected. (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 a member. (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.)
  10. 79165.5.

    ## 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 commission may sue and be sued and enter into contracts.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 79165.5. The commission may sue and be sued and enter into contracts. 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 within the proceedings, records, and acts. (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.)
  11. 79166.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 commission has a quorum only if four voting members are present, including at least four fishermen 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 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. ) ## 79166. A quorum of the commission shall be four voting members, including at least four fishermen members. Except as provided in Section 79196.5, the vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the commission. (Added by Stats. 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.)
  12. 79166.5.

    ## 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 or the secretary’s representative must be notified of commission and committee meetings and may attend them, except executive sessions and litigation 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 25.5. 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. ) ## 79166.5. 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. 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.)
  13. 79167.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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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    Some commission members and committee members may not receive a salary, while eligible members may receive approved travel and meal reimbursements for attendance, travel, or special assignments.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 79167. A member or alternate of the commission or member of a committee established by the commission who is a nonmember of the commission shall not receive a salary. Each member of the commission and each alternate serving in place of a member, except ex officio members who are officers or employees of a public agency, and each member of a committee established by the commission who is a nonmember of the commission, may receive reasonable and necessary traveling expenses and meal allowances as approved by the commission for each day spent in actual attendance at, or in traveling to and from, meetings of the commission or committees of the commission or on special assignment for the commission. (Added by Stats. 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.)
  14. 79167.5.

    ## 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 commission must deposit received money in accounts approved by the secretary, use commission money only for chapter purposes, bond its agents for at least $30,000, and may invest surplus money beyond annual needs and a prudent reserve.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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. ) ## 79167.5. (a) All moneys 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 moneys shall be 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 thirty thousand dollars ($30,000). (b) Moneys that exceed the amount necessary for the annual operations of the commission and a prudent reserve may be invested 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.)
  15. 79168.

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

    Verify source ↗

    The state and commission members, alternates, employees, and agents are shielded from liability in several ways, with an exception for a person’s own dishonesty or crime.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 79168. 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 moneys collected by the commission. A member or alternate of the commission, or any employee or agent thereof, shall not be personally liable for the contracts of the commission. A member or alternate of the commission, or any employee or agent thereof, shall not be 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. A member or alternate of the commission, or any employee or agent thereof, shall not be 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 a member or alternate of the commission, or any employee or agent thereof, shall not be liable for the default of any other member or alternate of the commission, or any employee or agent thereof. (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.)
  16. 79170.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may adopt and change 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79170. 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 the 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. 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.)
  17. 79170.5.

    ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may administer and enforce this chapter and take related actions needed to promote and maintain the spiny lobster 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79170.5. 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 spiny lobster commercial fishing 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.)
  18. 79171.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may appoint its own officers, including a chair, vice chairs, and other needed officers, and those officers have the powers and duties the commission delegates to 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79171. The commission may appoint its own officers, including a chair, one or more vice chairs, and other officers as it deems necessary. The officers shall have the powers and duties delegated to them 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.)
  19. 79171.5.

    ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may hire an executive officer and other needed personnel, including legal counsel. If the secretary finds an employee’s conduct is not in the public interest or violates this chapter, the secretary must notify the commission, which should correct the problem or take disciplinary action; otherwise the secretary may suspend or discharge the person.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79171.5. 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. 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.)
  20. 79172.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may set compensation for all of its employees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79172. The commission may fix the compensation for all employees 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.)
  21. 79172.5.

    ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may appoint advisory committees made up of both members and nonmembers 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79172.5. 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. 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.)
  22. 79173.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may create offices, incur expenses, make contracts, create liabilities, and borrow money when it considers this necessary for administering and enforcing the chapter and carrying out its duties.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79173. The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow moneys 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. 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.)
  23. 79173.5.

    ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission must keep accurate records and have them audited annually; the audit summary must be reported to affected persons and sent to the department.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79173.5. 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, as appropriate, may conduct or cause to be conducted a fiscal and compliance audit 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.)
  24. 79174.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may present facts to and negotiate with state, federal, and foreign agencies about matters affecting the spiny lobster fishery 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79174. The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the spiny lobster fishery 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.)
  25. 79174.5.

    ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may run educational, informational, survey, and promotional programs for the spiny lobster fishery, but it may not spend commission money to advertise brand-name spiny lobster products unless the advertising is generic.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79174.5. (a) The commission may carry out spiny lobster fishery industry educational programs with respect to proper methods of handling and preserving the quality of spiny lobster to protect the public health, the economic viability of the spiny lobster fishery, and employee and fisherman 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 and efforts to sustain the spiny lobster resource and other programs to promote the spiny lobster fishery. Commission moneys shall not be expended to advertise brand-name spiny lobster products except when conducted on a generic basis. (c) The commission may adopt a spiny lobster fishery logo or trademark or other promotional tools consistent with this chapter and other applicable laws. (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.)
  26. 79175.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may conduct or contract for scientific research about spiny lobster fisheries and related marketing, and it may use the research results as it deems appropriate.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79175. 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 of and methods for maintaining a sustainable spiny lobster fishery, fishery management, resource management, cost-efficient production practices, and the marketing and distribution of spiny lobster and spiny lobster 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. 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.)
  27. 79175.5.

    ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may enter into contracts to get services and other agreements needed to carry out the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79175.5. 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. 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.)
  28. 79176.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may accept, match, or contribute money to support the spiny lobster 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79176. The commission may accept contributions of, or match private, state, or federal moneys, and employ or make contributions of moneys to other persons or state or federal agencies for the purposes of promoting and maintaining the spiny lobster fishery. (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.)
  29. 79176.5.

    ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may collect information, including spiny lobster fishery landing statistics, and may publish and distribute free bulletins, newsletters, or other communications 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79176.5. The commission may collect information, including, but not limited to, spiny lobster fishery landing statistics, and publish and distribute without charge a bulletin, newsletter, or other communication to persons subject to 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.)
  30. 79177.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79177. The commission shall establish an assessment rate to defray the operating costs 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.)
  31. 79177.5.

    ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission must set an annual budget, keep expenditure records using generally accepted accounting practices, and get the secretary’s concurrence before spending money, except for ongoing employee disbursements.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79177.5. (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 before the disbursement of moneys, 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. 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.)
  32. 79178.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79178. 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. 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.)
  33. 79178.5.

    ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission and the secretary must keep certain lists confidential and not disclose them, unless a court order after a judicial hearing requires disclosure.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79178.5. The commission and the secretary shall keep confidential and shall not disclose, except when required by a court order after a hearing in a judicial proceeding, all lists of persons subject to this chapter in their possession. However, the commission shall establish procedures to provide fishermen access to communication with other fishermen 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 the fishermen in the possession of the commission or the secretary. (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.)
  34. 79179.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79179. 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. 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.)
  35. 79179.5.

    ## 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 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may administer certain government programs that affect the spiny lobster 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79179.5. The commission may administer any government program engaged in the activities authorized by this chapter and that directly affects the spiny lobster fishery, upon the request of an authorized agent of the program. (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.)
  36. 79179.7.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may approve stipend payments to its members, up to $145 per day and no more than $725 in a single month.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79170 - 79179.7] ( Article 4 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79179.7. The commission may approve payment of a stipend to commission members of not more than one hundred forty-five dollars ($145) for each day a member is on official commission business pursuant to Section 79167, not to exceed seven hundred twenty-five dollars ($725) in any single month. (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.)
  37. 79180.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [79180 - 79182.5] ( Article 5 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The secretary must create a voter-eligible fishermen list within 60 days, and the Director of Fish and Wildlife must provide requested information within 30 days. Fishermen not on the list can seek placement by filing a signed statement and supporting documents.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [79180 - 79182.5] ( Article 5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79180. (a) Within 60 days of the effective date of this chapter, the secretary shall establish a list of fishermen eligible to vote on the implementation of this chapter. In establishing the list, the secretary may require that fishermen submit the names and mailing addresses of all fishermen. The secretary also may request the assistance of the Director of Fish and Wildlife for the names of all licensed fishermen engaged in the spiny lobster fishery during the previous season and the volume of landings of each fisherman. The request for information shall be in writing and the information provided shall be confidential and not made public. Notwithstanding Section 8022 of the Fish and Game Code or any other law, the Director of Fish and Wildlife shall comply with the request within 30 days of receipt. (b) A fisherman 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 fisherman 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 fishermen 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. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.)
  38. 79180.5.

    ## 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 5. Implementation and Voting Procedures [79180 - 79182.5] ( Article 5 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    This chapter does not become operative unless the secretary finds that the referendum participation and voting thresholds were 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79180 - 79182.5] ( Article 5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79180.5. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds in a referendum vote conducted by the secretary that at least 40 percent of the total number of fishermen from the list established by the secretary pursuant to this article participated and that either of the following occurred: (a) Sixty-five percent of the fishermen who voted in the referendum voted in favor of establishing the commission, and the fishermen so voting landed a majority of the total quantity of spiny lobster landed in the preceding fishing season by all of the fishermen who voted in the referendum. (b) A majority of the fishermen who voted in the referendum voted in favor of establishing the commission, and the fishermen so voting landed 65 percent or more of the total quantity of spiny lobster landed in the preceding fishing season by all of the fishermen who voted in the referendum. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.)
  39. 79181.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [79180 - 79182.5] ( Article 5 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The secretary must set a referendum period of 10 to 60 days, may add procedures to conduct it, and may extend the period if the original period is under 60 days.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79180 - 79182.5] ( Article 5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79181. (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 shall not invalidate a referendum. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.)
  40. 79181.5.

    ## 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 5. Implementation and Voting Procedures [79180 - 79182.5] ( Article 5 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    If the secretary finds a favorable vote, the secretary must certify it and notify affected fishermen. If no favorable vote is found, the secretary must declare the chapter inoperative. The secretary may also hold a second referendum vote one year or later after the first certification, subject to Section 79182.5 timing 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79180 - 79182.5] ( Article 5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79181.5. (a) If the secretary finds that a favorable vote has been given, pursuant to Section 79180.5, the secretary shall certify and give notice of the favorable vote to all affected fishermen 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 79180.5, the secretary shall certify and declare all provisions of this chapter inoperative. The secretary may conduct a second implementation referendum vote one year or later following certification of the first vote, subject to the time constraints imposed by subdivision (a) of Section 79182.5. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.)
  41. 79182.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 5. Implementation and Voting Procedures [79180 - 79182.5] ( Article 5 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    Before a referendum vote, the commission’s proponents must deposit with the secretary whatever amount the secretary deems necessary to cover vote-preparation and voting expenses. After the commission is established, the commission may reimburse those proponents for deposited funds used for this article and for legal expenses and costs incurred in creating 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 5. Implementation and Voting Procedures [79180 - 79182.5] ( Article 5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79182. (a) Before a 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) Upon the establishment of the commission, the commission may reimburse the proponents of the commission for any moneys 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. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.)
  42. 79182.5.

    ## 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 5. Implementation and Voting Procedures [79180 - 79182.5] ( Article 5 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    This section says Chapter 25.5 will be repealed if the referendum process fails and the required time passes, unless a later statute changes that date.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79180 - 79182.5] ( Article 5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79182.5. (a) If the first referendum vote conducted pursuant to this article fails and a second referendum vote is not conducted and certified as of the date that is two years later, this chapter is repealed as of that date, unless a later enacted statute that is enacted before that date, deletes or extends that date. (b) If a second referendum vote conducted pursuant to this article fails, this chapter is repealed as of the date that is six months later, unless a later enacted statute that is enacted before that date, deletes or extends that date. (c) For purposes of this section, the date on which a referendum vote fails shall be considered to be the date on which the secretary certifies pursuant to subdivision (b) of Section 79181.5 that a favorable vote has not been given. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally by its own provisions. Note: Conditional repeal affects Chapter 25.5, comprising Sections 79150 to 79197.5.)
  43. 79185.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission must set a seasonal assessment by February 1 each year, starting at 10 cents per pound of spiny lobster landed in the commission’s first season.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79185. (a) The commission shall establish an assessment for the season not later than February 1 of each year. The assessment in the marketing season of the commission’s operation shall be ten cents ($0.10) for each pound of spiny lobster landed by fishermen in the state. Thereafter, the assessment may be modified annually but in no event shall exceed fifty cents ($0.50) for each pound of spiny lobster landed, except as provided in subdivision (b). (b) An assessment greater than the amount provided for in subdivision (a) shall not be levied unless it is approved by a majority of the commission and by eligible fishermen in accordance with voting requirements of Section 79180.5. (c) Any assessment that is levied as provided for in this section is a personal debt of every person assessed. (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.)
  44. 79185.5.

    ## 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 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    People who handle spiny lobster must keep complete and accurate transaction records, keep them for three years, and provide them for inspection when the commission or its authorized agent makes a 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79185.5. Every person who handles spiny lobster in any quantity shall keep a complete and accurate record of all transactions involving the purchase or sale of spiny lobster. The records shall be in a simple form and contain the information the commission prescribes. The records shall be preserved by the fisherman for a period of three years, and shall be offered and submitted for inspection at any reasonable time upon the written demand of the commission or its duly authorized agent. (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.)
  45. 79186.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission and secretary must keep proprietary information confidential and generally may not disclose it, except under a court order after a hearing. Some aggregate or total-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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79186. (a) All proprietary information obtained by the commission or the secretary from any source, including, but not limited to, the names and addresses of fishermen 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 the 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 fisherman information, may be disclosed 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.)
  46. 79186.5.

    ## 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 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The first handler of assessed spiny lobster must deduct the assessment from payments to the fisherman and hold the assessment in trust until it is 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79186.5. The first handler of spiny lobster being assessed shall deduct the assessment from amounts paid by him or her to the fisherman, 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. The failure to collect the assessment from a fisherman shall not exempt the handler from liability. In addition, the failure of a handler to remit the collected fisherman assessments to the commission shall not relieve the fisherman of this obligation. (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.)
  47. 79187.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    If the handler is a corporation, its directors and officers are treated as individually liable under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79187. 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. (Amended by Stats. 2018, Ch. 92, Sec. 80. (SB 1289) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
  48. 79187.5.

    ## 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 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    If a person does not pay an assessment or submit required records on time, the person 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79187.5. Any person who fails to pay an 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. 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.)
  49. 79188.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    If a person fails to pay an assessment or related charge under this article, the commission may require that person to furnish and maintain 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79188. 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. 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.)
  50. 79188.5.

    ## 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 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    This section makes it a misdemeanor for any person to submit false or missing commission reports or records, withhold required information about spiny lobster sales or receipts when requested, 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79188.5. 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 spiny lobster 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 spiny lobster or in the wholesale or retail trade of spiny lobster, 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 spiny lobster were sold or from whom spiny lobster were received, and the quantity sold or received. (d) Secrete, destroy, or alter records required to be kept under 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.)
  51. 79189.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission must set up procedures to give aggrieved individuals an informal hearing before the commission or a designated committee. Appeals may be taken to the secretary, and the secretary’s determination may be judicially reviewed in superior court.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79189. 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 the decisions of the commission may be made to the secretary. The determination of the secretary shall be subject to judicial review upon a petition filed with the appropriate superior court. (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.)
  52. 79189.5.

    ## 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 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may sue to collect assessments and civil penalties, and a court must grant requested attachment or injunction relief when the stated showing is made.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79189.5. (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. A bond shall not 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 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified in Section 485.010 of the Code of Civil Procedure is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or inadequate remedy at law specified in 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 spiny lobster until the judgment is fully complied with and satisfied. The injunction shall be stayed for a period of 30 days. 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. 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.)
  53. 79190.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    Actions by or against the commission must be started within two years, measured either from discovery of the alleged violation or from the act complained of.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79190. Any action by the commission for any violation of this chapter shall be commenced within two years from the date of the 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. 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.)
  54. 79190.5.

    ## 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 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    If this chapter ends, that does not erase rights, duties, obligations, liabilities, or violations tied to it, 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79185 - 79190.5] ( Article 6 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79190.5. 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. 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.)
  55. 79195.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Continuation or Suspension and Termination [79195 - 79197.5] ( Article 7 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The secretary must hold a hearing every five years, starting in the fifth year after commission certification, to decide whether the chapter should continue.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Continuation or Suspension and Termination [79195 - 79197.5] ( Article 7 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79195. 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. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.)
  56. 79195.5.

    ## 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 7. Continuation or Suspension and Termination [79195 - 79197.5] ( Article 7 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The secretary must certify whether this chapter stays in force or is suspended after a hearing and specified vote findings.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Continuation or Suspension and Termination [79195 - 79197.5] ( Article 7 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79195.5. If the secretary finds after conducting a hearing that no substantial question exists or that a favorable vote has been given, the secretary shall certify that this chapter remains operative. If the secretary finds that a favorable vote has not been given, he or she shall certify and declare that the operation of this chapter and the commission is 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 moneys distributed in the manner provided in Section 79197. No bond or security shall be required for that referendum. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.)
  57. 79196.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Continuation or Suspension and Termination [79195 - 79197.5] ( Article 7 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The secretary must conduct the Section 79195 process every fifth year after the commission is initially certified, unless a petitioned referendum under Section 79196.5 changes the timing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Continuation or Suspension and Termination [79195 - 79197.5] ( Article 7 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79196. The process specified in Section 79195 shall be conducted by the secretary every fifth year following the initial certification of the commission, unless a referendum is conducted as the result of a petition pursuant to Section 79196.5. In that case, the hearing, and the referendum if required, shall be conducted every fifth year following the industry petitioned referendum. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.)
  58. 79196.5.

    ## 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 7. Continuation or Suspension and Termination [79195 - 79197.5] ( Article 7 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    The commission may recommend suspension of this chapter, and the secretary must run the referendum process and suspend the chapter if the voting thresholds are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 7. Continuation or Suspension and Termination [79195 - 79197.5] ( Article 7 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79196.5. (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, a suspension shall not become effective until the expiration of the current fishing season. (b) The secretary, upon receipt of the recommendation, shall or, after a public hearing to review a petition filed with him or her requesting a suspension signed by 20 percent of the fishermen who landed not less than 20 percent of the total quantity of spiny lobster in the immediately preceding fishing season, may hold a referendum among the fishermen 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 fishermen 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 fishermen who voted in the referendum voted in favor of suspension, and the fishermen so voting sold or handled a majority of the total quantity of spiny lobster in the preceding fishing season by all of the fishermen who voted in the referendum. (2) A majority of the fishermen who voted in the referendum voted in favor of suspension, and the fishermen so voting landed or handled 65 percent or more of the total quantity of spiny lobster in the preceding fishing season by all of the fishermen who voted in the referendum. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.)
  59. 79197.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Continuation or Suspension and Termination [79195 - 79197.5] ( Article 7 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    After suspension of the chapter, the commission must wind up operations and distribute remaining funds as directed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Continuation or Suspension and Termination [79195 - 79197.5] ( Article 7 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79197. 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 remittance of the prorated refund to these persons, any moneys remaining after the 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. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.)
  60. 79197.5.

    ## 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 7. Continuation or Suspension and Termination [79195 - 79197.5] ( Article 7 added by Stats. 2017, Ch. 503, Sec. 1. )

    Verify source ↗

    If the chapter’s operation is suspended, the commission must mail a copy of the suspension notice to 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 25.5. California Spiny Lobster Commission [79150 - 79197.5] ( Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1. ) ## ARTICLE 7. Continuation or Suspension and Termination [79195 - 79197.5] ( Article 7 added by Stats. 2017, Ch. 503, Sec. 1. ) ## 79197.5. Upon the suspension of the operation of this chapter, the commission shall mail a copy of the notice of the suspension to all eligible persons affected by the suspension whose names and addresses are on file. (Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.)
  61. 79201.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79201 - 79207] ( Article 1 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    Blueberry production and marketing are recognized as an important industry that provides revenue and employment 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79201 - 79207] ( Article 1 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79201. The production and marketing of blueberries constitute an important industry of this state that provides substantial and necessary revenues for the state and employment for its citizens. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  62. 79202.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79201 - 79207] ( Article 1 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    This section says the California Blueberry Commission is necessary to run research, pest and disease management, cultural practice improvement, and advertising and promotion programs for blueberries.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79201 - 79207] ( Article 1 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79202. The establishment of the commission is necessary for the efficient creation and management of a research program to develop improved varieties of blueberries, an integrated approach to manage pests and diseases common to blueberries, and more efficient cultural practices. The commission is also necessary for the efficient development and management of a state, national, and international advertising and promotion program that, combined with the research program, will enhance the competitiveness of the California blueberry industry within the national and international marketplace. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  63. 79203.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79201 - 79207] ( Article 1 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79201 - 79207] ( Article 1 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79203. The maintenance of the blueberry industry in California is necessary to assure the public of a continuous supply of this important commodity and the maintenance of needed levels of income for those engaged in the blueberry industry of this state. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  64. 79204.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79201 - 79207] ( Article 1 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The statute declares blueberry production and marketing in the state to be a matter of public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79201 - 79207] ( Article 1 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79204. The production and marketing of blueberries produced in this state is hereby declared to be affected with a public interest. This chapter is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  65. 79205.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79201 - 79207] ( Article 1 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The California Blueberry Commission chapter states that the commission form of administration is meant to help blueberry producers act collectively in several areas, including marketing, food safety, research, and statistics.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79201 - 79207] ( Article 1 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79205. The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of blueberries the opportunity to avail themselves of the benefits of collective action in the broad fields of transportation, pest management, advertising, promotion, food safety, production research, nutrition, marketing research, quality and maturity standards, the collection and dissemination of crop volume and related statistics, and public education. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  66. 79206.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79201 - 79207] ( Article 1 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    Actions by the commission, and actions by individuals done under this chapter or its regulations, are not treated as violations of certain antitrust and unfair practices laws.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79201 - 79207] ( Article 1 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79206. No action taken by the commission, or by any individual in accordance with this chapter or with rules and regulations adopted under this chapter, shall be deemed 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 rule of statutory or common law against monopolies or combinations in restraint of trade. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  67. 79207.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79201 - 79207] ( Article 1 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The section declares that commission members are meant to represent the relevant industry and serve 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79201 - 79207] ( Article 1 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79207. 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 industry concerned and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that with respect to persons who are elected or appointed to the commission, the particular industry concerned is tantamount to, and constitutes the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  68. 79211.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The definitions in this article control how this chapter is read, unless the context requires a different meaning.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79211. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  69. 79212.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    This section defines “advertising and promotion” for blueberries.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79212. “Advertising and promotion” mean, in addition to their ordinarily accepted meaning, any plan directed toward increasing the sale of blueberries in domestic or foreign markets and trade promotion and activities for the prevention, modification, or removal of trade barriers that affect the marketing of blueberries. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  70. 79213.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    “Blueberries” means all blueberries produced in California 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79213. “Blueberries” mean all blueberries produced in California for commercial purposes. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  71. 79214.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79214. “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. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  72. 79215.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    “Commission” means the California Blueberry 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79215. “Commission” means the California Blueberry Commission. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  73. 79216.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    This section defines the commission districts and says their boundaries can be changed, or districts added or eliminated, by a two-thirds commission vote with the secretary’s concurrence and prior 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79216. (a) “Districts” consist of the following: (1) District 1 consists of all counties in the state along the coastline, including San Diego. (2) District 2 consists of the counties in the state that do not border the coastline and lie north of a line drawn on the north boundaries of the Counties of Fresno, Inyo, and San Benito. (3) District 3 consists of all counties in the state that do not border the coastline and lie south of the boundary line set forth in paragraph (2). (b) The boundaries of any district may be changed and districts may be added or eliminated by a two-thirds vote of the commission, which is concurred in by the secretary, so long as proper notice is provided to all persons subject to this chapter prior to the action. The boundaries need not coincide with county lines. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  74. 79217.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    Ex officio members of the commission are nonvoting 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79217. “Ex officio members” are nonvoting members of the commission. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  75. 79218.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    “Handle” means to engage in the business of a handler.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79218. “Handle” means to engage in the business of a handler. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  76. 79219.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    This section defines who counts as a “handler” for blueberries, and excludes most retailers unless they meet a stated exception.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79219. (a) “Handler” means any person who engages, in this state, in the operation of selling, marketing, or distributing blueberries that he or she has produced or purchased or acquired from a producer, or that he or she is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. (b) When the handler is a corporation or a limited liability company, all of the directors, officers, managers, and members of the corporation or limited liability company in their capacity as individuals shall be included, and any liability for failure to collect or make payment of assessments to which a corporate handler or a handler that is a limited liability company may be subject pursuant to this chapter shall include identical liability upon each individual director, officer, manager, or member of the corporation or limited liability company. (c) “Handler” does not include a retailer, except for a retailer who purchases or acquires from any producer, or handles on behalf of any producer, blueberries that were not previously subjected to regulation by the commission. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  77. 79220.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    “Market” or “marketing” means selling or otherwise distributing blueberries into commercial channels or trade resulting in a sale of blueberries.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79220. “Market” or “marketing” means to sell or otherwise distribute blueberries into commercial channels or trade resulting in the sale of blueberries. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  78. 79221.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    “Marketing research” means research relating to the sale of blueberries.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79221. “Marketing research” means any research relating to the sale of blueberries. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  79. 79222.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    “Marketing season” and “fiscal year” mean the same thing, and the term covers the date ranges stated in the section.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79222. “Marketing season” or “fiscal year” are synonymous terms and mean the period beginning March 1, 2010, to September 30, 2011, and, thereafter, October 1 of any year and extending through September 30 of the following year. (Amended by Stats. 2010, Ch. 365, Sec. 7. (AB 1795) Effective January 1, 2011.)
  80. 79223.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    “Producer” and “grower” mean a person producing or causing production of blueberries for market on more than five acres, and that person must provide proof of commodity sale if the commission asks.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79223. “Producer” and “grower” are synonymous terms and mean any person who produces or causes to be produced on land totaling more than five acres of blueberries for market and who shall, upon request of the commission, provide proof of commodity sale. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  81. 79224.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    This section defines “production research” as research about blueberry production, harvest, and postharvest handling.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79224. “Production research” means any research relating to the production, harvest, and postharvest handling of blueberries. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  82. 79225.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 2. Definitions [79211 - 79225] ( Article 2 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79225. “Secretary” means the Secretary of Food and Agriculture. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  83. 79231.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    This section creates the California Blueberry Commission and sets how its members are chosen and how many representatives each covered entity may have.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79231. (a) There is in the state government the California Blueberry Commission. Except as provided in subdivision (c), the commission shall be composed of five producers, five handlers, and one public member. Three producer members shall be elected by and from producers within the respective districts, one from each district, and two producer members shall be elected by and from producers on a statewide basis without reference to districts. The handler members shall be elected by and from handlers on a statewide basis without reference to districts. The public member shall be appointed to the commission by the secretary from nominees recommended by the commission. Each entity subject to this chapter is limited to two representatives, one representing producers and one representing handlers. (b) The secretary and other appropriate persons as determined by the commission shall be ex officio members of the commission. (c) The commission may modify the number of producers and handlers who serve on the commission by a two-thirds vote of the commission that is concurred in by the secretary, so long as proper notice is provided to all persons subject to this chapter prior to the action and the number of producers and the number of handlers who serve on the commission remain equal. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  84. 79232.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The secretary may direct the commission to stop or correct activities or functions that are not in the public interest or violate the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79232. (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 in violation of this chapter. (b) If the commission refuses or fails to cease those activities or functions or to make 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 such time as 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 secretary’s written notice shall be 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 he or she determines are not in the public interest or are in violation of this chapter, and his or her reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and may make recommendations that will make those activities or functions acceptable to the secretary. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  85. 79233.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79233. 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, in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or other applicable relief. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  86. 79234.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The commission must reimburse the secretary for expenditures made in carrying out chapter duties, and a court may excuse the commission from paying the secretary’s legal costs if 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79234. The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities under 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. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  87. 79235.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    Most commission members must have an alternate elected in the same way, and alternates step in when the member is absent.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79235. Except for the ex officio members of the commission, each member of the commission shall have an alternate member elected in the same manner as the member. An alternate member, in the absence of the member for whom he or she is an alternate, shall serve in place of the member on the commission. An alternate member may also serve in place of any other absent member of the same classification, producer or handler, if the member’s alternate is also absent. However, an alternate may not serve in place of more than one absent member at a meeting. An alternate member serving in place of a member shall have and be able to exercise all rights, privileges, and powers of the member when serving on the commission. In the event of death, removal, resignation, or the disqualification of a member, the alternate for the member, or another alternate of the same classification if the alternate for the member is absent, shall act as a member on the commission until a qualified successor is elected. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  88. 79236.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    Vacancies on the commission must be filled by majority vote, and the replacement must meet the article’s qualifications.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79236. Any vacancy on the commission including, but not limited to, the failure of any person elected to the commission as a member or alternate member to continue in his or her position due to a change in status making him or her ineligible to serve, or due to death, removal, or resignation, shall be filled by the appointment of another person, for the unexpired portion of the term, by a majority vote of the commission. However, the appointee shall fulfill all the qualifications set forth in this article as required for the office he or she is to occupy. The qualifications of any person to fill a vacancy on the commission shall be certified in writing to the secretary. The secretary shall notify the commission if he or she determines that the person is not qualified. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  89. 79237.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    A producer member or alternate on the commission must be a qualified producer-related individual and stay qualified for the whole term of office.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79237. A producer member or his or her alternate on the commission shall be an individual, partner, or employee of a producer who has a financial interest in producing, or causing to be produced, blueberries for market. The producer member or his or her alternate shall be so qualified during the entire term of office. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  90. 79238.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    A handler member or alternate on the commission must be an eligible individual, partner, or employee of a handler with a financial interest in handling blueberries for market, and must stay qualified for the whole term of office.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79238. A handler member or his or her alternate on the commission shall be an individual, partner, or employee of a handler who has a financial interest in handling blueberries for market. The handler member or his or her alternate shall be so qualified during the entire term of office. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  91. 79239.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The public member or alternate on the commission has the same powers, rights, and privileges as any other commission member, and may not have a financial interest in the blueberry 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79239. The public member, or his or her alternate on the commission, shall have all the powers, rights, and privileges of any other member on the commission. The public member shall not have any financial interest in the blueberry industry. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  92. 79240.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    Commission members and alternates, except ex officio members, serve two-year terms from election, with initial terms staggered by lot.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79240. The term of office of all members of the commission and alternates, except any ex officio member, shall be two years from the date of their election and until their successors are elected, except, that of the first members of the commission, one-half shall serve one year and one-half shall serve two years. The determination of the term of each member shall be made by lot at the time of election. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  93. 79241.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The commission may sue and be sued and enter into contracts.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79241. The commission may sue and be sued and enter into contracts. 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. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  94. 79242.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The commission has a quorum when a majority of producer members and a majority of handler members are present.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79242. A quorum of the commission is a majority of the producer members and a majority of the handler members on the commission. Except as otherwise provided in this chapter, the vote of a majority of members present at a meeting at which there is a quorum shall constitute an act of the commission. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  95. 79243.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The secretary or representatives must be notified and may attend commission and committee meetings, but not executive sessions about litigation against the department.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79243. The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission. However, the secretary is not entitled to attend an executive session of the commission called for the purpose of discussing potential or actual litigation against the department. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  96. 79244.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    Commission members and committee members may not receive a salary, but they may receive commission-set travel and meal allowances in specified circumstances, except for ex officio government members.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79244. No member of the commission or of any committee established by the commission, which may include nonmembers of the commission, shall receive a salary. Except for ex officio government members, the members may receive reasonable and necessary traveling expenses and meal allowances, as established by the commission, for each day spent in actual attendance at, or in traveling to and from, meetings of the commission or committees of the commission, or on special assignment for the commission. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  97. 79245.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    If the secretary must concur in a commission decision, the secretary must respond to the commission within 15 working days after notification. The response may ask for 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79245. If the secretary is required to concur in a decision of the commission, he or she shall indicate his or her response to the commission within 15 working days from notification of the decision. The response may be a request that additional information be provided. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  98. 79246.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    Money received under this chapter must be deposited in commission-designated banks, and authorized agents must be 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79246. All moneys received by any person from assessments levied under the authority of this chapter or otherwise received by the commission shall be deposited in banks designated by the commission and shall be disbursed by order of the commission through an agent or agents designated for that purpose. Any authorized agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business in the state, in favor of the commission, in the amount of not less than twenty-five thousand dollars ($25,000). (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  99. 79247.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The state is not liable for the commission’s acts or contracts, and commission members, alternates, employees, and agents have limited personal liability.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 3. The California Blueberry Commission [79231 - 79247] ( Article 3 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79247. The state shall not be liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the commission shall be limited to the funds collected by the commission. No member, alternate member, or any employee or agent of the commission, shall be personally liable on the contracts of the commission and no member, alternate member, or employee of the commission shall be responsible individually in any way to any producer, handler, or any other person for error in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, or employee, except for his or her own individual acts of dishonesty or crime. No member or alternate member shall be held responsible individually for any act or omission of any member or alternate member of the commission. The liability of the members and alternate members shall be several and not joint, and no member or alternate member shall be liable for the default of any other member or alternate member. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  100. 79251.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79251 - 79252] ( Article 4 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The commission has broad power to run the blueberry chapter, make rules, hire staff, set budgets and assessment rates, keep records, promote blueberries, and carry out research and enforcement activities.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79251 - 79252] ( Article 4 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79251. The powers and duties of the commission shall include, but are not limited to, all of the following: (a) Adopt and from time to time alter, rescind, modify, and amend bylaws, rules, regulations, and orders for carrying out this chapter, including rules for appeals from any bylaw, rule, regulation, or order of the commission. These actions shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or determined reasonably necessary for, proper or advisable effectuation of the purposes of this chapter. (c) Appoint its own officers, including a chairperson, one or more vice chairpersons, and any other officers as it determines necessary. The officers shall have the powers and duties delegated to them by the commission. (d) Employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other personnel, including legal counsel, necessary to carry out this chapter. The commission may retain a management firm or staff from any board, commission, or committee of the state to perform the functions prescribed by this subdivision under control of the commission. If the person engages in any conduct that the secretary determines is not in the public interest or 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. (e) Fix the compensation for all employees of the commission. (f) Appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter. (g) Establish offices and incur expenses, invest funds, enter into contracts and agreements, and create liabilities and borrow funds in advance of receipt of assessments as determined necessary by the commission for the proper administration and enforcement of this chapter and the performance of its duties. (h) Keep accurate books, records, and accounts of all of its dealings, which books, records, and accounts shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of the secretary. The audit shall be made a part of an annual report to all producers and handlers of blueberries, and copies of the audit shall be submitted to the Legislature and 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. (i) Promote the sale of blueberries by advertising and any other promotional means, including cost-sharing advertising, for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for blueberries, and to educate and instruct the public with respect to the uses, healthful properties, and nutritional value of blueberries. (j) Educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling blueberries, make market surveys and analyses, and present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the marketing of blueberries. (k) Make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts or agreements the commission determines necessary for the promotion of blueberries. (l) Conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination, and accumulation of information obtained from research or elsewhere with respect to cultural and production practices, good agricultural practices, and marketing and distribution of blueberries. In connection with the research, the commission shall have the power to accept contributions of, or to match, private, state, or federal funds that may be available for these purposes, and to employ or make contributions of funds to other persons or state or federal agencies conducting the research. (m) Collect information and publish and distribute to producers and handlers a bulletin or other communication for dissemination of information, including, but not limited to, crop statistics relating to the blueberry industry. (n) Establish an assessment rate to defray operating costs of the commission. (o) Establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the secretary prior to disbursement of funds, except for disbursements made pursuant to subdivision (e). (p) Submit to the secretary for his or her concurrence, an annual statement of contemplated activities authorized under this chapter. (q) 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. (r) Administer any program authorized in Article 9 (commencing with Section 79301). (s) Prescribe the form and manner by which proponents and opponents of the commission may contact producers and handlers so long as all expenses associated with the contacts are paid in advance. (t) Develop and promote good agricultural practices and other food safety practices for the production of blueberries. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  101. 79252.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79251 - 79252] ( Article 4 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The commission must collect and share blueberry market price information, but it must keep reporting handlers’ identities and reported information confidential.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79251 - 79252] ( Article 4 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79252. (a) To prevent unfair trade practices which are detrimental to California’s blueberry industry, including, but not limited to, deception and misinformation, the commission shall collect and disseminate to any and all interested persons, handler f.o.b. (free on board), market price information based on sales that have occurred. (b) The identity of each handler reporting information and the information reported under this section shall be kept confidential and not made public under any circumstances. Information that gives industry totals, averages, and other similar data may be disclosed by the commission. (c) The procedure for the collection and dissemination of the information pursuant to this section shall be approved by the secretary. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  102. 79261.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The secretary must create a voting list for producers and handlers, and require California blueberry producers and handlers to provide identifying and volume information in writing within 10 days of the request.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79261. (a) Within 15 days after the effective date of this chapter, the secretary shall establish a list of producers and handlers eligible to vote on the implementation of this chapter. In establishing the list, the secretary shall require that producers and handlers of blueberries in California submit the names, mailing addresses, and the volume of blueberries produced by each producer and handled by each handler during the preceding marketing season. The request for the information shall be in writing. The information shall be filed within 10 days following receipt of the written request for information. (b) Any producer or handler of blueberries whose name does not appear upon the secretary’s list may have his or her name placed on the list by filing with the secretary a signed statement identifying himself or herself as a producer or handler. Failure to be on the list does not exempt the producer or handler from paying assessments under this chapter. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  103. 79262.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    This chapter does not become operative until the secretary conducts a referendum vote and finds the stated producer and handler approval thresholds are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79262. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds the following in a referendum vote conducted by the secretary: (a) At least 40 percent of the total number of producers from the list established by the secretary pursuant to this article participate, and that either of the following occurs: (1) Sixty-five percent of the producers who voted in the referendum voted in favor of this chapter, and the producers so voting produced a majority of the total quantity of blueberries produced in the preceding marketing season by all of the producers voting 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 produced 65 percent or more of the total quantity of blueberries produced in the preceding marketing season by all of the producers voting in the referendum. (b) At least 40 percent of the total number of handlers from the list established by the secretary pursuant to this article participate, and that either of the following occurs: (1) Sixty-five percent of the handlers who voted in the referendum voted in favor of this chapter, and the handlers so voting handled a majority of the total quantity of blueberries handled in the preceding marketing season by all of the handlers voting in the referendum. (2) A majority of the handlers who voted in the referendum voted in favor of this chapter, and the handlers so voting handled 65 percent or more of the total quantity of blueberries handled in the preceding marketing season by all of the handlers voting in the referendum. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  104. 79263.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79263. The secretary shall establish a period in which to conduct the referendum which shall not be less than 10 days or more than 60 days in duration and may prescribe additional procedures necessary to conduct the referendum. If the initial period established is less than 60 days, the secretary may extend the period. However, the total referendum period may not exceed 60 days. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  105. 79264.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    A ballot not being received does not invalidate a referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79264. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  106. 79265.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    If the secretary finds a favorable vote under Section 79262, the secretary must certify it and notify all producers and handlers on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79265. If the secretary finds that a favorable vote has been given as provided in Section 79262, he or she shall so certify and give notice of the vote to all producers and handlers whose names and addresses are on file with the secretary. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  107. 79266.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    If the secretary finds there was no favorable vote under this article, the secretary must certify that result and declare the chapter inoperative. The secretary may also hold another implementation referendum one or more years after the previous vote.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79266. If the secretary finds that a favorable vote has not been given as provided in this article, he or she shall so certify and declare this chapter inoperative. The secretary may conduct another implementation referendum vote one or more years after the previous vote has been taken. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  108. 79267.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    After the commission is certified, the secretary must contact producers and handlers to arrange nominations and elections. Nominees must file a petition with at least three eligible signatures to qualify for election.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79267. (a) Upon certification of the commission, the secretary shall contact all producers and handlers in a manner determined by the secretary for the purpose of nominating and electing persons to the commission. To be eligible for election to the commission, nominees shall present to the secretary a nomination petition with the signatures of at least three eligible persons. (b) Subsequent to the first selection of members of the commission, persons to be elected to the commission shall be selected pursuant to nomination and election procedures established by the commission with the concurrence of the secretary. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  109. 79268.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    Before the referendum vote, the commission’s proponents must deposit funds with the secretary; unused funds must be returned, and after the commission is established it may reimburse the proponents for the deposit and certain 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79261 - 79268] ( Article 5 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79268. Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary an amount of funds determined necessary by the secretary to defray the expenses of preparing the necessary lists and information and conducting the vote. Any funds not used for this purpose shall be returned to the proponents of the commission who deposited the funds with the secretary. Upon establishment of the commission, the commission may reimburse the proponents of the commission for any funds deposited with the secretary and for any legal expenses and costs incurred in establishing the commission. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  110. 79271.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The commission must set the blueberry assessment by the stated dates, keep it at or below $0.025 per pound unless approved under Section 79262, and split the assessment equally between producers and handlers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79271. (a) The commission shall, not later than March 1, 2010, or as soon thereafter as possible, establish the assessment to be paid by the producers and handlers for the marketing season. Thereafter, the commission shall, not later than October 1 of each year, or as soon thereafter as possible, establish the assessment to be paid by the producers and handlers for the marketing season. The assessment shall not be more than two and one-half cents ($0.025) per pound for blueberries handled. Of the assessment one-half shall be assessed to producers, and one-half shall be assessed to handlers. (b) An assessment greater than the amounts in this section may not be charged unless it is approved in accordance with the voting requirements of Section 79262. (Amended by Stats. 2010, Ch. 365, Sec. 8. (AB 1795) Effective January 1, 2011.)
  111. 79272.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    This chapter does not apply to blueberries 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79272. This chapter does not apply to blueberries produced only for a producer’s home use or to blueberries that are used only for ornamental purposes. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  112. 79273.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    People who handle blueberries, and producers who sell or deliver blueberries to non-handlers, must keep complete and accurate records and make them available for inspection on written demand.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79273. Every person who handles blueberries shall keep a complete and accurate record of all blueberries handled by him or her with the name of the producer whose blueberries were handled. A producer who delivers or markets blueberries to persons other than to a handler shall keep a complete and accurate record of all those blueberries. The records shall contain information required by the commission. The records shall be preserved by the producer or handler for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  113. 79274.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    Proprietary information held by the commission or secretary must stay confidential and generally cannot be disclosed, except when a court order requires disclosure. The commission may disclose aggregated or total-only information that does not identify individuals.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79274. (a) All proprietary information obtained by the commission or the secretary from any source, including the names and addresses of producers and handlers, shall be confidential and shall not be disclosed except when required by court order 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. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  114. 79275.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The first handler must deduct the assessment from amounts paid to the producer and hold those funds as trustee until paid to the commission. A producer who handles blueberries must pay the assessment directly 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79275. The first handler of blueberries being assessed shall deduct the assessment from amounts paid by him or her to the producer, and shall be a trustee of the funds until they are paid to the commission at the time and in the manner prescribed by the commission. A producer who handles blueberries shall pay an assessment directly to the commission at the time and in the manner prescribed by the commission. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  115. 79276.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    Every handler is personally liable for paying the assessments collected from producers, even if the handler failed to collect the assessment from a producer.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79276. Every handler shall be personally liable for the payment of the collected assessments from producers, and failure to collect the assessment from any producer shall not exempt the handler from liability. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  116. 79277.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    An assessment levied under this chapter becomes a personal debt of each producer and handler 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79277. Any assessment that is levied as provided in this chapter is a personal debt of every producer and handler so assessed. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  117. 79278.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    If a person misses filing a return or paying an assessment on time, they must pay a 10% penalty and 1.5% monthly interest. The commission may also require a surety bond for unpaid assessments or related charges.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79271 - 79278] ( Article 6 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79278. (a) 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 past due and, in addition, interest on the unpaid balance at the rate of 1.5 percent per month. (b) In addition to any other penalty imposed, the commission may require any person who fails to pay any 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. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  118. 79281.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79281 - 79287] ( Article 7 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The commission may levy a civil penalty of up to $1,000 on a person who files false reports, fails to file required reports, refuses requested blueberry shipment information, or hides, destroys, or alters 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79281 - 79287] ( Article 7 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79281. A civil penalty not exceeding one thousand dollars ($1,000) may be levied by the commission upon a person who does any of the following: (a) Willfully to render or furnish a false report, statement, or record required by the commission, or in any way to affect the shipment and marketing of blueberries in order 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 or processing of blueberries or in the wholesale or retail trade of blueberries, 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 has received blueberries and the quantity so received. (d) Secrete, destroy, or alter records required to be kept by this chapter. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  119. 79282.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79281 - 79287] ( Article 7 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The commission must set up procedures so people aggrieved by its actions or decisions 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79281 - 79287] ( Article 7 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79282. The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission, or before a committee of the commission designated for this purpose. Appeals from decisions of the commission may be made to the secretary. The determination of the secretary shall be subject to judicial review upon petition filed with the appropriate superior court. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  120. 79283.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79281 - 79287] ( Article 7 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The commission may bring civil actions to collect assessments and civil penalties and seek injunctive or specific relief. Courts must issue requested attachment or injunctive relief on a prima facie verified complaint showing a violation, and bond and certain civil procedure showings are not required.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79281 - 79287] ( Article 7 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79283. (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for obtaining injunctive relief or specific performance, relating to this chapter and the rules and regulations adopted under this chapter. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any other rule or regulation of the commission, including, but not limited to, the nonpayment of assessments. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief. (b) A writ of attachment shall be issued pursuant to Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified in Section 485.010 is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or of inadequate remedy at law specified by Section 526 or 527 is not required. (c) Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business regarding blueberries until there is full compliance with, and satisfaction of, the judgment. (d) Upon a favorable judgment for the commission, the court may order that the commission be reimbursed for reasonable attorney’s fees and other actual related costs. Venue for these actions is 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. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  121. 79284.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79281 - 79287] ( Article 7 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The commission and any person bringing an action under this section must start it within two years, measured from discovery of the alleged violation or from the alleged violation itself, depending on the type of 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79281 - 79287] ( Article 7 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79284. Any action by the commission for any penalty or other remedy that is prescribed under 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 alleged violation. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  122. 79285.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79281 - 79287] ( Article 7 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The commission does not have to allege or prove that no adequate remedy at law exists in actions brought under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79281 - 79287] ( Article 7 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79285. The commission is not required to allege or prove that an adequate remedy at law does not exist in any action brought under this chapter. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  123. 79286.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79281 - 79287] ( Article 7 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    This chapter must be read liberally, and if part of it is held unconstitutional or invalid, the rest still applies.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79281 - 79287] ( Article 7 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79286. This chapter shall be liberally construed. If any section, clause, or part of this chapter is for any reason held unconstitutional or invalid as applied to any person or as applied under certain circumstances, that decision shall not affect the remaining portions of this chapter or the application of this chapter to any other persons or under any other circumstance. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  124. 79287.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79281 - 79287] ( Article 7 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    If this chapter ends, existing or future 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79281 - 79287] ( Article 7 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79287. 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. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  125. 79291.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79291 - 79295] ( Article 8 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The secretary must hold a hearing five years after implementation of the chapter to decide whether it 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79291 - 79295] ( Article 8 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79291. (a) Five years after implementation of this chapter, the secretary shall hold a public hearing, after providing proper notice to all persons subject to this chapter and any other persons or entities who have requested, in writing, notice of the 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 the persons assessed under this chapter regarding whether the operation of this chapter should be continued, the secretary shall submit the chapter to a reapproval referendum to be conducted among producers and handlers to determine whether the operation of this chapter shall be reapproved and continued in effect. (b) If the secretary finds after conducting a hearing that no substantial question exists or, if a reapproval referendum is required, that a majority of the eligible producers and a majority of eligible handlers voting in the referendum voted in favor of continuing the operation of this chapter, 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 current marketing season. Thereupon, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 79294. No bond or security shall be required for any such referendum. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  126. 79292.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79291 - 79295] ( Article 8 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The secretary must conduct the Section 79291 process every five years, usually between October 1 and September 30, with a different five-year cycle 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79291 - 79295] ( Article 8 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79292. Following a hearing, and favorable referendum if required, the process specified in Section 79291 shall be conducted by the secretary every five years thereafter between October 1 and September 30, unless a referendum is conducted as the result of a petition pursuant to Section 79293. In that case, the hearing, and referendum if required, shall be conducted every five years following the industry petitioned referendum. (Amended by Stats. 2010, Ch. 365, Sec. 9. (AB 1795) Effective January 1, 2011.)
  127. 79293.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79291 - 79295] ( Article 8 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    This section lets the commission seek suspension of the chapter and sets the secretary’s duties for running and acting on a suspension 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79291 - 79295] ( Article 8 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79293. (a) Upon a finding by a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the commission be suspended. Any suspension shall not become effective until the expiration of the current marketing season. (b) The secretary shall, upon receipt of a recommendation, or may, after a public hearing to review a petition filed with him or her requesting such suspension, signed by 15 percent of the producers by number who produced not less than 15 percent of the volume in the immediately preceding marketing season and 15 percent of the handlers by number who handled not less than 15 percent of the volume in the immediately preceding marketing season, cause a referendum to be conducted among the listed 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 effectuated 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 necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. The secretary shall suspend the operation of this chapter, if the secretary finds the following: (1) At least 40 percent of the total number of producers from the list established by the secretary participate, and that either of the following occurs: (A) Sixty-five percent of the producers who voted in the referendum voted in favor of suspension, and the producers so voting produced a majority of the total quantity of blueberries produced in the preceding marketing season by all of the producers voting in the referendum. (B) A majority of the producers who voted in the referendum voted in favor of suspension, and the producers so voting produced 65 percent or more of the total quantity of blueberries produced in the preceding marketing season by all of the producers voting in the referendum. (2) At least 40 percent of the total number of handlers from the list established by the secretary participate, and that either of the following occurs: (A) Sixty-five percent of the handlers who voted in the referendum voted in favor of suspension, and the handlers so voting handled a majority of the total quantity of blueberries handled in the preceding marketing season by all of the handlers voting in the referendum. (B) A majority of the handlers who voted in the referendum voted in favor of suspension, and the handlers so voting handled 65 percent or more of the total quantity of blueberries handled in the preceding marketing season by all of the handlers voting in the referendum. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  128. 79294.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79291 - 79295] ( Article 8 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    If this chapter and the commission are suspended, the commission must finish winding up its operations, refund certain remaining funds pro rata to prior assessment payers, and may instead transfer very small amounts to a state or federal program or related activities.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79291 - 79295] ( Article 8 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79294. After the effective date of suspension of this chapter and of the commission, the operations of the commission shall be concluded and all moneys held by the commission, and moneys collected by assessment and not required to defray the expenses of concluding and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding current marketing season. However, if the commission finds that the amounts returnable are so small as to make impractical the computation and remitting of the pro rata refund to those persons, any moneys remaining and any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into an appropriate state or federal program or used to fund activities related to the subject matter of this chapter. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  129. 79295.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79291 - 79295] ( Article 8 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    If the chapter and commission are suspended, the commission must mail a copy of the suspension notice to affected producers and handlers 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79291 - 79295] ( Article 8 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79295. Upon suspension of the operation of this chapter and of the commission, the commission shall mail a copy of the notice of suspension to all producers and handlers affected by the suspension whose names and addresses are on file. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  130. 79301.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 9. Quality Standards [79301 - 79304] ( Article 9 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The commission may recommend that the secretary adopt blueberry quality standards, product labeling, or other authorized activities.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 9. Quality Standards [79301 - 79304] ( Article 9 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79301. The commission may recommend to the secretary that he or she adopt blueberry quality standards, product labeling, or engage in any other activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21). The adoption of standards or any of these activities shall be in accordance with the procedures specified in that act unless otherwise specified in this article. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  131. 79302.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 9. Quality Standards [79301 - 79304] ( Article 9 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    Commission-recommended activities cannot take effect until approved under Section 79262.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 9. Quality Standards [79301 - 79304] ( Article 9 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79302. Any activity recommended by the commission shall not become operative until approved in the manner specified in Section 79262. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  132. 79303.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 9. Quality Standards [79301 - 79304] ( Article 9 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The secretary must implement any activity adopted under this article at the start of the next marketing season after the secretary approves 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 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 9. Quality Standards [79301 - 79304] ( Article 9 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79303. Any activity adopted pursuant to this article shall be implemented by the secretary at the beginning of the marketing season next succeeding the date on which the activity is approved by the secretary. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  133. 79304.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 9. Quality Standards [79301 - 79304] ( Article 9 added by Stats. 2009, Ch. 366, Sec. 1. )

    Verify source ↗

    The commission must serve as the secretary’s advisory body on matters covered by this article.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 26. California Blueberry Commission [79201 - 79304] ( Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1. ) ## ARTICLE 9. Quality Standards [79301 - 79304] ( Article 9 added by Stats. 2009, Ch. 366, Sec. 1. ) ## 79304. The commission shall serve as the advisory body to the secretary on all matters pertaining to this article. (Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
  134. 79401.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    This section says nursery product production is an important state industry that provides revenue, food-supply products, and employment.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79401. The production of nursery products constitutes an important industry of this state that provides substantial and necessary revenues for the state, products that are a foundation for its residents’ food supply, and employment for its residents. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  135. 79402.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    This section states that maintaining California’s nursery industry is necessary to ensure a continuous supply of nursery products and support income for people in the industry and related supply chains.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79402. The maintenance of the nursery industry of California is necessary to assure the public and the state’s and nation’s crop agriculture industry of a continuous supply of vital nursery products and the maintenance of needed levels of income for those engaged in the nursery industry and in its supplier, distribution, and related service chain. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  136. 79403.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    This section says California nursery products are an important agricultural crop and explains why the commission exists: to support research, public education, and marketing of nursery 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79403. The production of nursery products in California is currently the state’s number two agricultural crop with 2008 farm gate sales of four billion dollars ($4,000,000,000) and has the potential to become the leading segment of the state’s agricultural industry. To realize this potential, there is a need to engage in research beneficial to the industry, to educate the public relative to nursery products, and to promote and market nursery products. The activities made possible by the establishment of the commission will meet these needs and further the interests of the industry and the state. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  137. 79404.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The section says the nursery industry has been harmed by invasive pests and diseases, and that the commission’s authorized activities are meant to improve nursery products and reduce those harms.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79404. The nursery industry has been negatively impacted by invasive pests and diseases that also adversely affect the state’s environment, urban quality, and agricultural production. The activities authorized by this commission will improve the quality of nursery products and limit these negative impacts. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  138. 79405.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    This section says the commission’s establishment is necessary to support research, public education, and marketing for the California nursery 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79405. The establishment of the commission is necessary for the efficient development and management of a research, public education, and marketing program that will enhance the reputation of the California nursery industry, create a more receptive environment for the industry and its products, aid its growth at both wholesale and retail, and increase competitiveness of the California nursery industry within the national and international marketplace. In addition, the commission is necessary to carry out the California nursery industry’s commitment to responsible stewardship, environmental protection, and increasingly efficient cultural practices. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  139. 79406.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission must periodically meet and confer with other nursery-related programs run by the department to coordinate policies and programs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79406. (a) The Legislature finds and declares that the commission is intended to operate in conjunction with other nursery-related laws and programs in the state, including, but not limited to, the licensing laws and regulations applicable to nurseries (Chapter 1 (commencing with Section 6701) of Part 3 of Division 4), the inspection and cleanliness laws applicable to nurseries (Article 1 (commencing with Section 6901) of Chapter 2 of Part 3 of Division 4), the shipment and pest certification laws applicable to nurseries (Article 2 (commencing with Section 6921) and Article 4 (commencing with Section 6961) of Chapter 2 of Part 3 of Division 4), the grades and standards laws and regulations applicable to nurseries (Chapter 5 (commencing with Section 53301) of Division 18), and specific nursery stock programs such as the California Grape Rootstock Improvement Commission (Chapter 12.6 (commencing with Section 74701)). (b) The legislature finds and declares that the commission enhances the existing comprehensive statutory and regulatory structure affecting all aspects of nursery products production in California. (c) The commission shall periodically meet and confer with all other nursery-related programs administered by the department to ensure coordination of policies and programs. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  140. 79407.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The Legislature states that the programs in Section 79406, including this commission, benefit the nursery industry and California.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79407. The Legislature further finds and declares that the programs specified in Section 79406, including this commission, greatly benefit the nursery industry, and as such, advance the interests of the State of California by providing substantial employment for the state’s citizens, producing needed tax and fee revenues for the support of state and local government, encouraging responsible stewardship of valuable agricultural resources and the environment, and producing substantial quantities of nursery products for the state, nation, and world. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  141. 79408.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    This section states that California’s nursery industry has benefited from industry-funded research, and that the commission is meant to continue and strengthen 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79408. The successes that the nursery industry of California has achieved have resulted from a commitment to industry-funded research that has led to significant improvements in the quality and quantity of the nursery products available to consumers and increasingly more efficient and environmentally protective cultural practices. The establishment of the commission will continue and enhance this research effort and move the nursery industry toward its potential, resulting in increased consumer value and enhanced grower returns. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  142. 79409.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The section declares nursery product production in the state to be a matter of public interest and states 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79409. The production of nursery products in this state is hereby declared to be affected with a public interest. This chapter is enacted in the exercise of the police power of this state for the purposes of protecting the health, peace, safety, and general welfare of the people of this state. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  143. 79410.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The section says the nursery industry can continue growing by creating new markets, supported by research and public education.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79410. Opportunity exists for continued growth and expansion of the nursery industry by creating new markets. The success of such an expansion program is uniquely dependent upon effective research and public education, since the creation of new markets is essentially a matter of educating and informing people of the use, value, and availability of nursery products and enhancing the reputation of the California nursery products industry. The expansion of the nursery industry also provides an important and expanding source of jobs for many people in this state, including many residing in historically depressed areas of the state, and it serves to ensure the preservation of an agrarian society. The expansion also provides pathways for the unemployed, the poor, unskilled laborers, rehabilitated inmates, and other disadvantaged groups to learn valuable professional nursery skills and obtain seasonal or permanent employment with career potential. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  144. 79411.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    This section states that the commission exists to support California nursery products and the nursery products 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79411. The commission’s activities are necessary for the efficient development of a national and international program and exists as an integral part of a broader framework of state and federal statutes and regulations designed to: collectively enhance the quality and reputation of California nursery products; create a more receptive environment for nursery products; improve the capability of nursery products producers to function within the overall regulatory environment; increase the competitiveness of the nursery products industry within the national and international marketplace; implement the industry’s commitment to responsible stewardship of agricultural land and the environment and increasingly efficient cultural practices; and further the goals and interests of the state by preserving the economic well-being of the agricultural economy. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  145. 79412.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    This provision says the commission structure is designed to help nursery product producers work together in research, education, and market development and expansion.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79412. The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of nursery products the opportunity to avail themselves of the benefits of collective action in the broad fields of research, education, and the development, maintenance, and expansion of markets. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  146. 79413.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    Commission actions, and actions by individuals taken under this chapter or its regulations, are not violations of certain antitrust and restraint-of-trade laws.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79413. 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. The Legislature intends this program to be among those contemplated by the United States Congress in the enactment of Section 610(i) of Title 7 of the United States Code. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  147. 79414.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The section says commission members and alternates are meant to represent a particular industry and that this is treated as serving the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79401 - 79414] ( Article 1 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79414. It is hereby declared as a matter of legislative determination that commission members and alternates are intended to represent and further the interest of a particular industry concerned and that this representation and furtherance is intended to serve a public interest. Accordingly, the Legislature finds that with respect to persons who are elected or appointed to the commission, the particular industry concerned is tantamount to and constitutes the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  148. 79421.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79421. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  149. 79422.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    “Books and records” includes a broad set of written materials related to activities under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79422. “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. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  150. 79423.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    “Commission” means the California Nursery Producers 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79423. “Commission” means the California Nursery Producers Commission. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  151. 79424.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79424. “Department” means the Department of Food and Agriculture. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  152. 79424.5.

    ## 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    This section defines the districts and says district boundaries may be changed by a two-thirds vote of commission members, with the secretary’s concurrence, when needed for similar production and proper representation.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79424.5. (a) “Districts” consists of the following: (1) District 1, which includes the Counties of Imperial, Orange, and San Diego. (2) District 2, which includes the Counties of Inyo, Kern, Kings, Los Angeles, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, Tulare, and Ventura. (3) District 3, which includes the Counties of Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tuolumne, Yolo, and Yuba. (b) Notwithstanding subdivision (a), the boundaries of any district may be changed by a two-thirds vote of the members of the commission, which is concurred in by the secretary, when necessary to maintain similar total production among the districts and to ensure proper representation. These boundaries need not coincide with county lines. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  153. 79425.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79425. “Ex officio member” means a nonvoting member of the commission. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  154. 79426.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    “Market” or “marketing” means selling nursery products to someone other than another producer.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79426. “Market” or “marketing” means to sell nursery products to a person other than another producer. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  155. 79427.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    “Marketing season” and “fiscal year” mean the same period: May 1 through April 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79427. “Marketing season” or “fiscal year” are synonymous terms and mean the period beginning May 1 of any year and extending through April 30 of the following year. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  156. 79428.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    This section defines “person” 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79428. “Person” means any individual, partnership, corporation, limited liability company or partnership, firm, company, or other entity doing business in California. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  157. 79429.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    This section defines “Producer” for the California Nursery Producers Commission 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79429. “Producer” means any person that operates under a California state nursery license (producer category), and that produces, or causes to be produced, nursery products for the purposes of transferring title to another person. “Producer” does not include a licensed producer nursery that produced and sold nursery products for a gross dollar value of less than two million five hundred thousand dollars ($2,500,000) in the preceding marketing season. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  158. 79430.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    “Nursery products” means any plant for planting, propagation, or ornamentation, except flowers and grape rootstock as defined elsewhere.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79430. “Nursery products” means any plant for planting, propagation, or ornamentation, but does not include flowers as defined in Section 77911 or grape rootstock as defined in Section 74718. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  159. 79431.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    “Research” includes research on invasive pests, nursery products, nursery practices, and public education about nurseries and nursery 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79431. “Research” means any research relating to invasive pests, the production, harvest, postharvest handling, or marketing of nursery products, nursery product components, or practices employed by nurseries, and research relating to public education regarding nurseries and nursery products, including, but not limited to, basic and applied research. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  160. 79432.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79432. “Secretary” means the Secretary of Food and Agriculture. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  161. 79433.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    “Sell” or “sold” means transferring, or causing the transfer of, title to nursery products for valuable consideration.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 2. Definitions [79421 - 79433] ( Article 2 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79433. “Sell” or “sold” means to transfer or cause the transfer of title to nursery products for valuable consideration. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  162. 79441.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    This section creates the California Nursery Producers Commission and sets how its members are selected.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79441. (a) There is in the state government the California Nursery Producers Commission. The commission shall be composed of 14 producers nominated and elected by and from producers, and one public member. (b) Eligible persons from within the respective districts shall elect four producers from District 1, four producers from District 2, and four producers from District 3. All eligible persons shall elect two members at large. (c) The public member shall be appointed to the commission by the secretary from nominees recommended by the commission. (d) The secretary and other appropriate individuals, as determined by the commission, shall be ex officio members of the commission. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  163. 79442.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The secretary may require the commission to stop or fix activities that are not in the public interest or that 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79442. (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. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  164. 79443.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    When the secretary must concur in a commission decision, the secretary must respond within 15 working days and must explain any refusal to concur in writing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79443. 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 shall set forth in writing with specificity the reasons for any refusal to concur. The secretary’s response may be a requirement that additional information be provided. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  165. 79444.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission must reimburse the secretary for expenses incurred in carrying out chapter duties, and a court may relieve the commission from paying the secretary’s legal costs if the secretary acted arbitrarily or capriciously in restricting 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79444. 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. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  166. 79445.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    An alternate member serves in place of the member when the member is absent, and may exercise the member’s rights, privileges, and powers while serving.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79445. Except for ex officio members, an alternate for each member shall be nominated and elected, and for the public member appointed, in the same manner as the member. An alternate shall, in the absence of the member for whom he or she is an alternate, serve in place of the member and shall have, and be able to exercise, all the rights, privileges, and powers of the member when serving on the commission. In the event of a change in status making a member ineligible to serve, or due to death, removal, resignation, or disqualification of a member, the alternate shall act as a member of the commission for the unexpired portion of the term. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  167. 79446.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    Vacancies on the commission must be filled by another eligible person, unless Section 79441 applies.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79446. Except as provided in Section 79441, any vacancy on the commission occurring by the failure of any person elected to or serving on the commission as an 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 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. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  168. 79447.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    If a public member’s seat on the commission becomes vacant for specified reasons, the secretary may appoint a replacement from nominees recommended by the commission, and the replacement must meet the article’s qualifications.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79447. 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, may be filled upon appointment by the secretary, from nominees recommended by the commission, of another eligible person for the unexpired portion of the term. 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. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  169. 79448.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    Producer members and their alternates on the commission must meet specified producer-related qualification requirements and keep those qualifications throughout their term. The commission may declare a seat vacant if a producer member misses two consecutive meetings or loses qualifications.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79448. Any producer member and his or her alternate on the commission shall be an individual producer or an employee or representative of a producer that has a financial interest in producing nursery products or causing nursery products to be produced. The qualifications of producer members and their alternates shall be maintained during their entire term of office. The absence of any producer member from two consecutive meetings or lapse in qualifications shall be grounds for the commission to declare the seat vacant. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  170. 79449.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The public member and alternate must not have any financial interest in the nursery industry, and they otherwise have the same commission powers, rights, and privileges as other members, except they cannot vote on assessment issues.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79449. The public member and his or her alternate shall not have any financial interest in the nursery industry. The public member and his or her alternate shall have all the powers, rights, and privileges of any other member or alternate, respectively, on the commission, except that the public member and his or her alternate member shall not have a vote on issues regarding the assessments established pursuant to Article 6 (commencing with Section 79501). (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  171. 79450.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    Commission members, alternates, and the public member serve three-year terms, with special initial staggered terms for the first commissioners.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79450. Commission members and alternates shall serve three-year terms and until their successors are elected, and qualified, except, that of the first members of the commission, one-third shall serve one year, one-third shall serve two years, and one-third shall serve three years. The determination of the term of each member shall be made by lot. The public member and his or her alternate shall serve three-year terms and until their successors are appointed and qualified. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  172. 79451.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may sue and be sued for chapter-related matters and may enter into contracts.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79451. The commission may sue and be sued regarding any matter related to the purposes of this chapter and contract and be contracted with. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  173. 79452.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    A majority of the commission members makes a quorum for business, and a majority of members present at a quorum meeting can act for 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79452. A majority of the members of the commission shall constitute a quorum of the commission for the transaction of business. The vote of a majority of the members present at a meeting at which there is a quorum constitutes the act of the commission. The commission may continue to transact business at a meeting at which a quorum is initially present, notwithstanding the withdrawal of members, provided any action is approved by the requisite majority of the required quorum. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  174. 79453.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The secretary or the secretary’s representatives must be notified and may attend commission and committee meetings, but may not attend certain executive or litigation-related sessions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79453. The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meetings of the commission. However, the secretary or his or her representative is not entitled to attend an executive session of the commission or a committee of the commission called for the purpose of discussing potential or actual litigation against the department. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  175. 79454.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    Some commission and committee members may be reimbursed for reasonable and necessary travel and meal costs if approved by the commission; salary payments are barred for listed members and alternates.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79454. No member or alternate of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive a salary. Each member of the commission and each alternate serving in place of a member, except ex officio members who are officers or employees of a public agency, and each member of a committee established by the commission who is a nonmember of the commission, may receive reasonable and necessary traveling expenses and meal allowances as approved by the commission for each day spent in actual attendance at, or in traveling to and from, meetings of the commission or committees of the commission, or on special assignment for the commission. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  176. 79455.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    Funds received under this chapter must be deposited in banks designated by the commission, and any disbursement must be made by commission order through commission-designated agents. Those agents must also have a fidelity bond of at least $25,000.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79455. All funds received by any person from the assessments levied under this chapter or otherwise received by the commission shall be deposited in banks that the commission may designate and shall be disbursed by order of the commission through an agent or agents as it may designate for that purpose. The agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business in this state, in favor of the commission, in an amount of not less than twenty-five thousand dollars ($25,000). (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  177. 79456.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, 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 shielded from personal liability.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 3. California Nursery Producers Commission [79441 - 79456] ( Article 3 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79456. 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 or other liabilities 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. 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. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  178. 79461.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79461. The powers and duties of the commission shall include, but are not limited to, all of those contained in this article. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  179. 79462.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may adopt and change 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79462. 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. These actions of the commission shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  180. 79463.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may administer and enforce this chapter and take any other actions reasonably necessary to carry out its 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79463. The commission may administer and enforce this chapter and do and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably necessary for, proper or advisable effectuation of the purposes of this chapter. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  181. 79464.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may appoint its own officers, and those officers have whatever powers and duties the commission delegates to 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79464. The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers have the powers and duties delegated to them by the commission. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  182. 79465.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may hire personnel, retain outside management support, and administer related governmental programs; the secretary must notify the commission about problematic employee conduct and may then suspend or discharge the person if the commission does not act satisfactorily.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79465. (a) The commission may employ a person to serve at the pleasure of the commission as president 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. (b) 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. (c) If requested by an advisory board, board of directors, or any authorized agent, the commission may administer any governmental program related to the nursery products industry. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  183. 79466.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may set compensation for all of its employees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79466. The commission may fix the compensation for all employees of the commission. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  184. 79467.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may appoint committees made up of 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79467. 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. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  185. 79468.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may set up offices, spend money, make contracts, create liabilities, manage intellectual property, 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79468. The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, develop, own, and control the use of any intellectual property, 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. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  186. 79469.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission must keep accurate books, records, and accounts, have them audited annually, and provide an annual report within 90 days after the fiscal year begins, except in its first year of operation.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79469. The commission shall keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of the secretary. A summary of the audit shall be reported to all persons subject to this chapter, a copy of which shall also be submitted to the department. In addition, the secretary, as he or she determines necessary, may conduct or cause to be conducted a fiscal and compliance audit of the commission. Except in the first year of operation, the commission shall prepare and make available an annual report within 90 days of the beginning of the fiscal year of all activities and the financial status of the commission to all persons subject to this chapter. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  187. 79470.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may present facts to and negotiate with government agencies and governments about matters affecting the California nursery 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79470. The commission may present facts to, and negotiate with, local, state, federal, and foreign agencies and governments on matters that affect the California nursery industry, including, but not limited to, the maintenance and expansion of present markets, the creation of new and larger markets for nursery products, invasive pest issues, plant health, interstate and foreign export requirements, registration of pesticides, actions applicable to the state and federal environmental laws and regulations, applicable governmental regulations and statutes, and international trade agreements. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  188. 79471.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may promote nursery products by outreach, advertising, and public education.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79471. The commission may conduct outreach, advertise, and educate and instruct the public and the retail and wholesale trade with respect to the quality, features, uses, and value of nursery products and the practices and methods of production used by nurseries. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  189. 79472.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may conduct outreach, educate and instruct wholesale and retail trade channels about handling and selling nursery products, and run consumer, trade, and trading-partner surveys and analyses.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79472. The commission may conduct outreach and educate and instruct the wholesale and retail trade, including, but not limited to, their physical and electronic channels of distribution to markets with respect to proper methods of handling and selling nursery products, and conduct consumer, trade, and trading partner surveys and analyses. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  190. 79473.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may conduct or hire others to conduct research about nursery production, marketing, distribution, and related practices, and may use the research results however it considers appropriate.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79473. The commission may conduct, and contract with others to conduct, research, including the study, analysis, dissemination, and accumulation of information obtained directly or from research or elsewhere, with respect to cultural, production and postharvest practices, and the sourcing, marketing and distribution of nursery 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. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  191. 79474.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may make contracts and 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79474. The commission may contract to receive and render services in formulating and conducting plans and programs and enter into any other contracts or agreements that the commission deems necessary to carry out this chapter. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  192. 79475.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

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    The commission may accept and match certain funds, and may use or give funds to others to help carry out the chapter’s purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79475. The commission may accept contributions of, or match private, state, or federal funds, and employ or make contributions of funds to other persons or local, state, or federal agencies for proper or advisable effectuation of the purposes of this chapter. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  193. 79476.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may, in its discretion, cooperate with or fund private or governmental entities to help resolve industry emergencies or support public safety, stability, and reputation in the nursery 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79476. In its discretion, the commission may cooperate with or provide funding to other private or governmental entities in the resolution of emergencies arising in the industry and impacting the health and safety of the public or to maintain the continued stability and reputation of the nursery industry. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  194. 79477.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may collect market and crop information and may publish and distribute free bulletins or other communications to nursery product producers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79477. The commission may collect information, including, but not limited to, industry crop statistics, identity and size of markets, and trading partners, and publish and distribute without charge, a bulletin or other communication to producers of nursery products. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  195. 79478.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission must establish an assessment rate, and producers must pay it to cover the commission’s 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79478. The commission shall establish an assessment rate to be paid by producers to defray operating costs of the commission. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  196. 79479.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission must prepare an annual budget using generally accepted accounting practices, and the secretary must concur in the budget before funds are disbursed, except for disbursements under Section 79466.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79479. The commission shall establish an annual budget according to generally accepted accounting practices. The budget shall be concurred in by the secretary prior to disbursement of funds, except for disbursements made pursuant to Section 79466. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  197. 79480.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission must submit an annual statement of its 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79480. 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. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  198. 79481.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79481. 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. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  199. 79482.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. )

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    The commission may appoint any person to serve as an ex officio member.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79461 - 79482] ( Article 4 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79482. The commission may appoint any person to serve as an ex officio member. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  200. 79491.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79491 - 79499] ( Article 5 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The secretary must create a voter-eligible producer list within 60 days after any producer requests it, and eligible producers may be given ways to contact other producers under secretary-prescribed rules.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79491 - 79499] ( Article 5 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79491. (a) Within 60 days of a request from any producer, the secretary shall establish a list of producers eligible to vote on implementation of this chapter. The secretary may require producers to submit the names and mailing addresses of other producers. The secretary also may require that the information provided include information on the value of nursery products produced and sold by each producer or, in the alternative, may establish procedures for receiving the information at the time of the referendum vote specified in this article. The request for the information shall be in writing and shall be filed within 10 days following receipt of the request. (b) Any producer eligible to vote 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 person eligible to vote. Failure to be on the list does not exempt the person from providing information requested by the secretary or the commission or from paying assessments and does not invalidate any industry votes conducted pursuant to this article. (c) Any producer eligible to vote may contact those on the list regarding the referendum in a form and manner prescribed by the secretary if all expenses associated with those contacts are paid in advance. Subsequent to the implementation of this chapter and the establishment of the commission, the commission shall prescribe the form and manner by which eligible producers may contact other eligible producers regarding the administration of this chapter. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)

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