Food and Agricultural Code — Part 46 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 46 of 48 · provisions 9,001–9,200

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. 79492.

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

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    This chapter does not become operative until the secretary finds, after a referendum vote, that at least 40% of producers participated and one of two voting/value thresholds is met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 79492. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds, in a referendum vote conducted by the secretary, that at least 40 percent of the total number of producers from the list established by the secretary pursuant to this article participate, and that either of the following occurs: (a) Sixty-five percent of the producers who voted in the referendum voted in favor of this chapter, and the producers so voting marketed a majority of the total value of nursery products marketed 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 this chapter, and the producers so voting marketed 65 percent or more of the total value of nursery products marketed in the preceding marketing season by all of the producers voting in the referendum. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  2. 79493.

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

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    The secretary must set a referendum period of at least 10 days and no more than 60 days, may add needed procedures, and may extend the period if the original period is under 60 days.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 79493. 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. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  3. 79494.

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

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 79494. Nonreceipt of a ballot by an eligible producer shall not invalidate a referendum. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  4. 79495.

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

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    If the secretary finds that a favorable vote has been given under this article, the secretary must certify it and notify all affected producers on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 79495. If the secretary finds that a favorable vote has been given as provided in this article, the secretary shall certify and give notice of the favorable vote to all affected producers whose names and addresses are on file with the secretary. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  5. 79496.

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

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    If the secretary finds there was not a favorable vote, the secretary must certify and declare the chapter inoperative. The secretary may hold another implementation referendum vote one year or more after the last 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 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. ) ## 79496. If the secretary finds that a favorable vote has not been given as provided in this article, the secretary shall certify and declare all provisions of this chapter inoperative. The secretary may conduct other implementation referendum votes one year or more after the previous vote has been taken. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  6. 79497.

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

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    Before the referendum vote, the commission’s proponents must deposit the amount the secretary says is needed to cover vote-preparation and voting costs. Unused funds must be returned, and the commission may reimburse certain deposited funds and related legal costs after it is established.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 79497. (a) Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary the amount that the secretary deems necessary to defray the expenses of preparing the necessary lists and information and conducting the vote. (b) Any funds not used in carrying out this article shall be returned to the proponents of the commission who deposited the funds with the secretary. (c) Upon establishment of the commission, the commission may reimburse the proponents of the commission for any funds deposited with the secretary that were used in carrying out this article, and for any legal expenses and costs incurred in establishing the commission. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  7. 79498.

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

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    After the commission is certified, the secretary must contact all producers or call producer meetings to nominate and elect commission members, and must give listed producers written notice at least 10 days before the meeting 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 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. ) ## 79498. Upon certification of the commission, the secretary shall contact all producers by mail or call meetings of producers for the purpose of nominating and electing persons to the commission. All producers on the secretary’s list shall be given written notice of the meetings at least 10 days prior to the meeting date. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  8. 79499.

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

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 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. ) ## 79499. Subsequent to the first election of members and alternate members of the commission pursuant to this chapter, 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. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  9. 79501.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. )

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    The commission must set the annual assessment for the marketing season by May 1, or as soon after as possible, and the assessment cannot exceed $0.006 per dollar of gross sales.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79501. (a) The commission shall establish the assessment for the marketing season not later than May 1 of each year, or as soon thereafter as possible. The assessment shall not be more than six-tenths of one cent ($0.006) per dollar of gross sales. (b) The commission may establish an assessment rate that is different for various classes of trade, including, but not limited to, different rates for retail sales than for wholesale sales, provided that rate does not exceed the maximum assessment authorized in subdivision (a). (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  10. 79502.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. )

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    This chapter does not apply to nursery products produced only for a producer’s home use, unless that use counts as a transfer of title between separate business entities held by a single owner.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79502. This chapter does not apply to nursery products produced only for a producer’s home use unless the use shall constitute a transfer of title between separate business entities held by a single owner. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  11. 79503.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. )

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    A person seeking an exemption from this chapter must file an affidavit with the commission, and the commission may review, investigate, and approve or deny 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79503. Any person requesting an exemption from this chapter shall file an affidavit with the commission attesting that he or she is not a producer, as defined in Section 79429, or produces nursery products only for his or her own home use without transfer of title between entities as specified in Section 79502. The affidavit shall contain all the information required by the commission. The commission shall review the affidavit, conduct any additional investigation it deems appropriate, and approve or deny the affidavit. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  12. 79504.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. )

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    Nursery product producers must keep specific records, submit them when requested, and preserve them for three years.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79504. Every person who produces nursery products for market, whether or not the nursery products are valued at more than the gross dollar value established pursuant to Section 79429, shall keep a complete and accurate record of the nursery products produced and sold and aggregated data on its customers and trading partners classified into statistical summary information in categories prescribed by the commission, and shall submit the records to the commission upon request in the time and manner specified by the commission. The records shall be in simple form and contain the information that the commission prescribes. The records shall be preserved by the person producing nursery products for a period of three years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  13. 79505.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. )

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    Most information collected by the commission or the secretary must be kept confidential and not disclosed, unless a court order requires disclosure after a hearing in a judicial proceeding involving 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 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79505. (a) All information obtained by the commission or the secretary from producers and other persons required to keep and submit records pursuant to this article shall be confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding involving this chapter. (b) In addition, and notwithstanding any other provision of law, all proprietary or trade secret information developed or gathered pursuant to this chapter, including, but not limited to, the names and addresses of persons subject to this chapter, individual quantities produced or sold, prices paid, and the products of research obtained by the commission, or by the department on behalf of the commission, from any source is confidential, shall not be considered a public record as that term is defined in Section 7920.530 of the Government Code, and shall not be disclosed by the commission or the secretary except when required by a court order after a hearing in a judicial proceeding involving this chapter. (c) Information on volume shipments, crop value, and any other related information that is required for reports to governmental agencies, financial reports to the commission, or aggregate sales and inventory information, and any other information that gives only totals, but excludes individual information, may be disclosed by the commission in its sole discretion. (Amended by Stats. 2021, Ch. 615, Sec. 134. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  14. 79506.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79506. Any assessment that is levied as provided for in this chapter is a personal debt of every person assessed. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  15. 79507.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    Producers must hold assessments owed to the commission in trust and send them, with assessment reports, in the way and time the commission requires.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79507. Every producer shall be a trustee of the assessments owed to the commission until they are paid to the commission at the time and in the manner prescribed by the commission. Title to the assessments shall pass immediately to the commission upon the sale of nursery products resulting in an assessment, and the producer shall hold the assessments in trust for the benefit of the commission and shall remit them, with assessment reports, in the time and manner specified by the commission. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  16. 79508.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    If the producer is a corporation, LLC, partnership, or trust, specified individuals are included and can share identical liability for violations of 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 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79508. When the producer is a corporation, limited liability company, general, limited, or limited liability partnership, or trust, all of the directors and officers of the corporation, all of the members and managers of the limited liability company, all of the general and limited partners in the partnership, and all of the trustees of the trust, in their capacity as individuals shall be included, and any liability for violating this chapter, including, but not limited to, failing to pay assessments or file required reports, shall also include identical liability upon each director and officer of the corporation, each member and manager of the limited liability company, each general, limited, and limited liability partner in the partnership, and each trustee of the trust. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  17. 79509.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79509. Any person who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, shall pay 1.5 percent interest per month on the unpaid balance. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  18. 79510.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may require a person who does not pay an assessment or related charge under this article to post 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79501 - 79510] ( Article 6 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79510. 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. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  19. 79511.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Violations [79511 - 79516] ( Article 7 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    Violations of this chapter must be prosecuted under this article, and where appropriate under Sections 79509 and 79510.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Violations [79511 - 79516] ( Article 7 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79511. All violations of this chapter shall be prosecuted in accordance with the provisions of this article and, as appropriate, Sections 79509 and 79510. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  20. 79512.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Violations [79511 - 79516] ( Article 7 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may levy a civil penalty of up to $1,000 on a person who files a false required report or record, fails to file a required report or record, or hides, destroys, or changes records that must be kept under 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 7. Violations [79511 - 79516] ( Article 7 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79512. 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 renders or furnishes a false report, statement, or record required by the commission. (b) Fails to render or furnish a report, statement, or record required by the commission. (c) Secretes, destroys, or alters records required to be kept under this chapter. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  21. 79513.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Violations [79511 - 79516] ( Article 7 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission must set up procedures so aggrieved individuals can get an informal hearing, and appeals from commission decisions may be made to the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 7. Violations [79511 - 79516] ( Article 7 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79513. The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission or before a committee of the commission designated for that purpose. Appeals from decisions of the commission may be made to the secretary. The determination of the secretary shall be subject to judicial review upon petition filed with the appropriate superior court. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  22. 79514.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Violations [79511 - 79516] ( Article 7 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may sue to collect assessments and civil penalties and seek injunctions or specific performance. Courts must grant requested writs or injunctions on the required showing, cannot require a bond from the commission, and must bar a losing defendant from nursery-product business until the judgment is satisfied.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 7. Violations [79511 - 79516] ( Article 7 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79514. (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and for the obtaining of injunctive relief or specific performance regarding this chapter and the regulations adopted pursuant to this chapter. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any other regulation of the commission, including, but not limited to, the nonpayment of assessments. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief. (b) A writ of attachment shall be issued pursuant to Chapter 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 nursery products until there is full compliance and satisfaction of the judgment. Upon a favorable judgment for the commission, it shall be entitled to receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  23. 79515.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Violations [79511 - 79516] ( Article 7 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission must start violation actions within 2 years of discovering the alleged violation, and any person must start an action against the commission within 2 years of the complained-of act.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 7. Violations [79511 - 79516] ( Article 7 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79515. Any action by the commission for any violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. Any action against the commission by any person shall be commenced within two years from the date of the act of which the person complains. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  24. 79516.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 7. Violations [79511 - 79516] ( Article 7 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    Ending this chapter does not cancel rights, duties, obligations, liability, or the commission’s remedies tied to 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 7. Violations [79511 - 79516] ( Article 7 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79516. 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. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  25. 79521.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [79521 - 79525] ( Article 8 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The secretary must hold a hearing in the fifth year of the chapter and every five years after that, and may send the chapter to a reapproval referendum if a substantial question exists among eligible producers. If the referendum happens and a majority votes to continue the chapter, the chapter continues in effect. No bond or security is required for the referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79521 - 79525] ( Article 8 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79521. In the fifth year of operation of this chapter, and every five years thereafter, 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 producers 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 producers voting in the referendum voted in favor of continuing this chapter. No bond or security shall be required for a referendum pursuant to this section. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  26. 79522.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [79521 - 79525] ( Article 8 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The secretary must certify certain findings after a hearing or referendum. If a favorable vote is not given in a referendum, the chapter and commission are suspended at the end of the current marketing season, and the commission’s operations are concluded.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [79521 - 79525] ( Article 8 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79522. If the secretary finds after conducting a hearing that no substantial question exists, or after a referendum that a favorable vote has been given, the secretary shall so certify and this chapter shall remain operative. If the secretary finds that a favorable vote has not been given after a referendum, he or she shall so certify and declare the operation of this chapter and the commission suspended upon the expiration of the then current marketing season. Thereupon, the operations of the commission shall be concluded and funds distributed in the manner provided in this article. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  27. 79523.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [79521 - 79525] ( Article 8 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    The commission may recommend suspension of the chapter, and the secretary must run and count a referendum process with specified timing and voting thresholds before suspending 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 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79521 - 79525] ( Article 8 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79523. (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 operation of this chapter be suspended. However, any suspension shall not become effective until the expiration of the then current marketing season. (b) The secretary shall, upon receipt of the recommendation, or may, after a public hearing to review a petition filed with him or her requesting a suspension signed by 15 percent of the producers by number who produced and sold not less than 15 percent of the total value of nursery products in the immediately preceding marketing season, hold a referendum among producers to determine if the operations of the commission shall be suspended. However, the secretary shall not hold a referendum as a result of the petition unless the petitioner shows by a preponderance of the evidence that this chapter has not tended to effectuate its declared purposes. (c) The secretary shall establish a referendum period, which shall not be less than 10 days or more than 60 days in duration. The secretary may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers from the list established by the secretary participate in the referendum, the secretary shall suspend the operation of this chapter if he or she finds either one of the following has occurred: (1) Sixty-five percent or more of the producers who voted in the referendum voted in favor of suspension, and the producers so voting sold a majority of the total value of nursery products in the preceding marketing season by all of the producers who voted in the referendum. (2) A majority of the producers who voted in the referendum voted in favor of suspension, and the producers so voting sold 65 percent or more of the total value of nursery products in the preceding marketing season by all of the producers who voted in the referendum. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  28. 79524.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [79521 - 79525] ( Article 8 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

    If the chapter is suspended, the commission must wind up operations and return unused money pro rata to the people who paid assessments, unless the refund amounts are too small to handle practically.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79521 - 79525] ( Article 8 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79524. After the effective date of suspension of this chapter, the operation of the commission shall be concluded and all moneys held by the commission not required to defray the expenses of concluding and terminating operations of the commission shall be returned on a pro rata basis to all persons from whom assessments were collected in the immediately preceding marketing season. However, if the commission finds that the amounts returnable are so small as to make impractical the computation and remitting of the prorate refund to these persons, any funds remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into an appropriate state or federal program conducting or funding activities related to the subject matter of this chapter, or to a private nonprofit organization which has received tax exempt status under Section 501(c)(3) of the Internal Revenue Code and which benefits the California nursery industry. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  29. 79525.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## 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 8. Continuation or Suspension and Termination [79521 - 79525] ( Article 8 added by Stats. 2010, Ch. 605, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 27. California Nursery Producers Commission [79401 - 79525] ( Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79521 - 79525] ( Article 8 added by Stats. 2010, Ch. 605, Sec. 1. ) ## 79525. Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all eligible producers affected by the suspension whose names and addresses are on file. (Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.)
  30. 79601.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79601 - 79606] ( Article 1 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    This section states that California’s beekeeping industry provides important pollination and honey-production benefits and contributes revenue to the state and its citizens.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79601 - 79606] ( Article 1 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79601. The California beekeeping industry provides critical pollination services to growers of over 90 California agricultural crops that constitute one-third of our daily diet and 37.5 percent of California’s total agricultural production. Additionally, California beekeepers rank in the top four states annually in honey production. The industry provides substantial and necessary revenues for the state and for its citizens. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  31. 79602.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79601 - 79606] ( Article 1 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The section states that establishing the commission is necessary for honeybee research, pest and disease management, colony management practices, and related education 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79601 - 79606] ( Article 1 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79602. The establishment of the commission is necessary for the efficient creation and management of a research program to protect the health of honeybees, an integrated approach to manage pests and diseases common to honeybees, and to develop more efficient colony management practices. The commission is also necessary to ensure the existence of the segment of the industry that provides one-half of the queen bees, bulk bees, and starter colonies to other beekeepers throughout the United States and Canada. The commission is also necessary for the efficient development and management of state and national education programs that, combined with research, will enhance the competitiveness of the California beekeeping industry worldwide. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  32. 79603.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79601 - 79606] ( Article 1 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    This section declares pollination services, honey production, and related hive-product activities in the state to be affected with a 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79601 - 79606] ( Article 1 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79603. The provision of pollination services, production of honey, bees, queen bees, and other hive 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 purpose of protecting the health, peace, safety, and general welfare of the people of this state. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  33. 79604.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79601 - 79606] ( Article 1 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    This section says the commission’s administration is meant to help beekeepers use collective action for apiary research.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79601 - 79606] ( Article 1 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79604. The commission form of administration created by this chapter is designed to provide those engaged in beekeeping the opportunity to avail themselves of the benefits of collective action in the broad field of apiary research necessary to achieve the purposes stated in this chapter. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  34. 79605.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79601 - 79606] ( Article 1 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    Actions by the commission or an individual commission member are not violations of certain antitrust laws if they are taken in accordance with this chapter or regulations adopted under 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79601 - 79606] ( Article 1 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79605. No action taken by the commission or by any individual commission member, that is in accordance with this chapter or with regulations adopted under this chapter, is a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or any statutory or common law against monopolies or combinations in restraint of trade. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  35. 79606.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79601 - 79606] ( Article 1 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    This chapter must be interpreted broadly, and if one provision or application is invalid, the rest of the chapter still applies if it can work without the invalid part.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 1. Declaration and General Provisions [79601 - 79606] ( Article 1 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79606. This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held to be invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  36. 79611.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79611. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  37. 79612.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    This section defines “apiary” as a physical location where beekeepers place one or more colonies of honeybees, and also as an adjective relating to beekeeping or the beekeeping 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79612. “Apiary” means the physical location where beekeepers place one or more colonies of honeybees. As an adjective, “apiary” means pertaining to any aspect of beekeeping or the beekeeping industry. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  38. 79613.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    “Beekeeper” means a person who keeps bees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79613. “Beekeeper” means a person who keeps bees. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  39. 79614.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    This section defines “bees” as honey-producing insects of the genus Apis, including all life stages, and treats “bees” and “honeybees” as interchangeable 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79614. “Bees” means honey-producing insects of the genus Apis. It includes all life stages of these insects. For purposes of this chapter, bees and honeybees are interchangeable terms. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  40. 79615.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79615. “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. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  41. 79616.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    This section defines “colony” 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79616. “Colony” means the queen, the adult worker and drone bees, and the brood (eggs, larvae, and pupae) living together in a single society. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  42. 79617.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    “Commission” means the California Apiary Research 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79617. “Commission” means the California Apiary Research Commission. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  43. 79618.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    In this section, “Department” means 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79618. “Department” means the Department of Food and Agriculture. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  44. 79619.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    This section defines four “districts” for the California Apiary Research 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79619. “Districts” consist of the following: (a) District 1 consists of the California Counties of El Dorado, Marin, Napa, Sacramento, Solano, Sonoma, and all counties north of these counties. (b) District 2 consists of the California Counties of Inyo, Kern, San Luis Obispo, and all counties north of these counties up to the southern boundary of District 1. (c) District 3 consists of the California counties south of District 2. (d) District 4 consists of all areas not in California. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  45. 79620.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79620. “Ex officio members” are nonvoting members of the commission. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  46. 79621.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    This section defines “hive” as the structure containing a honeybee colony.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79621. “Hive” means the structure containing a honeybee colony. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  47. 79622.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    “Hive products” means materials made by or collected from honeybees, excluding bees and honey themselves.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79622. “Hive products” means materials collected or generated by honeybees, other than bees and honey, including, but not limited to, beeswax, pollen, royal jelly, venom, and propolis. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  48. 79623.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    “Fiscal year” means the period from January 1 through December 31 of the same 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79623. “Fiscal year” means the period beginning January 1 of any year and extending through the last day of December of that same year. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  49. 79624.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    This section defines “out-of-state beekeeper” as a producer whose principal residence is outside 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79624. “Out-of-state beekeeper” means a producer whose principal residence is in an area outside of California. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  50. 79625.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    This section defines “pest” for this chapter as American foulbrood or another disease, parasite, virus, fungus, predator, or hereditary disorder that is harmful to honeybees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79625. “Pest” means American foulbrood or any other disease, parasite, virus or fungus, predator, or hereditary disorder that is detrimental to honeybees. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  51. 79626.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    “Pollination unit” means a colony sized to satisfy a pollination contract for commercial crop pollination.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79626. “Pollination unit” means a colony of adequate strength to meet the criteria delineated in a pollination contract for use in commercial crop pollination. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  52. 79627.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    This section defines “principal residence” as the place where the producer pays state and local income tax.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79627. “Principal residence” means where the producer pays his or her state and local income tax. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  53. 79628.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    This section defines “producer” for the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79628. “Producer” means an individual beekeeper or business who owns or operates, or owns and operates, more than 50 colonies in California, with the intent to earn income. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  54. 79629.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    In this section, “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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 2. Definitions [79611 - 79629] ( Article 2 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79629. “Secretary” means the Secretary of Food and Agriculture. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  55. 79631.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The section creates the California Apiary Research Commission and sets how its members are chosen.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79631. (a) There is in the state government the California Apiary Research Commission. The commission shall be composed of six assessment-paying producers and one public member. Producers without reference to districts shall elect one producer member with principal residence from each of districts 1, 2, 3, and 4, and two producers at large without reference to districts. The public member shall be appointed to the commission by the secretary based on the recommendation from the commission. (b) The secretary and other appropriate persons, as determined by the commission, shall be ex officio members of the commission. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  56. 79632.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79632. (a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary to be in violation of this chapter or not to be in the public interest. (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 him or her. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  57. 79633.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79633. 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  58. 79634.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission must reimburse the secretary for expenditures made in carrying out chapter duties, but a court may relieve the commission from paying the secretary’s legal costs if the secretary acted arbitrarily or capriciously in restricting the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79634. 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  59. 79635.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    Producer members must have an alternate member appointed or elected, and alternates step in when members are 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79635. Each producer member of the commission shall have an alternate member appointed or elected in the same manner as the member. An alternate member, in the absence of the member for which 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, 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 that member, or another alternate if the alternate for the absent member is also absent, shall act as a member on the commission until a qualified successor is elected. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  60. 79635.5.

    ## 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The alternate public member must serve for the public member when the public member is absent, and must take over if the public member dies, is removed, resigns, or is 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79635.5. The public member shall have an alternate member appointed in the same manner as the public member. The alternate public member, in the absence of the public member, shall serve in place of the public member. The alternate public member serving in place of the public member shall have and be able to exercise all rights, privileges, and powers of the public member when serving on the commission. In the event of death, removal, resignation, or the disqualification of the public member, the alternate public member shall act as the public member on the commission until a qualified successor is appointed. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  61. 79636.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    If a commission seat becomes vacant, the commission must appoint another person to serve the rest of the term by majority vote, and the appointee must meet the article’s qualifications.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79636. 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. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  62. 79637.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    A producer member or alternate must be an assessment-paying beekeeper with a financial interest in producing certain bee products and must keep that qualification 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79637. A producer member, or his or her alternate, shall be an assessment-paying beekeeper who has a financial interest in producing, or causing to be produced, pollination units, bees, honey, or hive products for market. The producer member or his or her alternate shall be so qualified during the entire term of office. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  63. 79638.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The public member, or alternate, has the same powers, rights, and privileges as any other commission member, and the public member may not have a financial interest in the beekeeping 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79638. The public member, or his or her alternate, 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 beekeeping industry. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  64. 79639.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    Most members and alternates serve a three-year term from election, except ex officio 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79639. The term of office of all members and alternates, except any ex officio member, shall be three years from the date of their election, but they may serve until their successors are elected. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  65. 79640.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission may sue, 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79640. 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  66. 79641.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    A commission meeting has a quorum when most producer members are present, and—unless this chapter says otherwise—a majority of members present 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79641. A quorum of the commission is a majority of the producer members. 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  67. 79642.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The secretary or the secretary’s representatives may attend commission and committee meetings, but the secretary may not attend executive sessions about potential or actual litigation against the department.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79642. 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  68. 79643.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    Commission members and committee members may not receive a salary, but may receive approved travel expenses and meal allowances, except ex officio government members.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79643. 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  69. 79644.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, 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, and may ask for additional information.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79644. 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  70. 79645.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    Money received from assessment-related sources must be deposited in commission-designated banks and disbursed only by commission order through designated agents. Authorized agents must also 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79645. 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 an amount of not less than twenty-five thousand dollars ($25,000). (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  71. 79646.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The state and commission personnel are not personally liable for commission acts or contracts, except for their own dishonesty or crime.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 3. The California Apiary Research Commission [79631 - 79646] ( Article 3 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79646. The state shall not be liable for the acts of the commission or its contracts. Payment 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 agent of the commission shall be personally liable on the contracts of the commission and no member, alternate member, or agent of the commission shall be responsible individually in any way to any producer or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal or agent, 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 other 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  72. 79651.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission’s powers and duties include, and are not limited to, the items 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79651. The powers and duties of the commission include, but are not limited to, all of those contained in this article. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  73. 79652.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission may adopt, amend, and repeal bylaws, rules, regulations, orders, and operating procedures 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79652. The commission may adopt, amend, and repeal bylaws, rules, regulations, orders, and operating procedures necessary to carry out this chapter, including regulations governing appeals from actions taken by the commission pursuant to any of its regulations or operating procedures. 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. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  74. 79653.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission may administer and enforce this chapter and take other actions reasonably needed to carry it out.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79653. The commission may administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably necessary for, the proper or advisable effectuation of this chapter. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  75. 79654.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission may appoint its own officers, including a chairperson and vice chairpersons, and may give those officers delegated powers and 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79654. 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. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  76. 79655.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission may hire staff and a management firm, and the secretary must notify the commission if an employee’s conduct is not in the public interest or violates 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79655. The commission may employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other personnel, including legal counsel, necessary to carry out this chapter. The commission may retain a management firm or the staff from any board, commission, or agency of the state or federal government to perform the functions prescribed by this section under the control of the commission. If any person employed by the commission engages in any conduct that the secretary determines is not in the public interest or that he or she determines 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  77. 79656.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79656. The commission may fix the compensation for all employees of the commission. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  78. 79657.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission may appoint advisory committees made up of board members and nonmembers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79657. The commission may appoint committees composed of both board members and nonmembers of the commission to advise the commission in carrying out this chapter. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  79. 79658.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission may set up offices, spend money, make contracts and agreements, create liabilities, and borrow funds 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79658. The commission may establish offices and incur expenses, enter into any and all contracts and agreements, including contracting in its name to receive or render services in formulating and conducting plans and programs, create liabilities, and borrow funds in advance of receipt of assessments as may be necessary, in the opinion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  80. 79659.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission must keep accurate books, records, and accounts, and its dealings are subject to an annual audit chosen by the commission with the secretary’s concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79659. The commission shall keep accurate books, records, and accounts of all its dealings, which shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of the secretary. A summary of the audit shall be reported to all producers and a copy of the summary shall also be submitted to the department. In addition, the secretary may, as he or she determines necessary, conduct or cause to be conducted a fiscal and compliance audit of the commission. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  81. 79660.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission may educate and instruct beekeepers, the public, and government about honeybee and beekeeping health and welfare.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79660. The commission may educate and instruct beekeepers, the general public, and government on all matters concerning the health and welfare of honeybees and the beekeeping industry. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  82. 79661.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission may conduct market surveys and analyses and may present facts to or negotiate with state, federal, and foreign agencies on specified bee-related matters, as allowed by federal law.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79661. The commission may conduct market surveys and analyses, and present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the health and welfare of bees, and the beekeeping industry, and on matters that affect this chapter, to the extent permitted by federal law. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  83. 79662.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission may conduct research, and hire others to do it, if it believes the research may benefit honeybees and the beekeeping 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79662. The commission may conduct, and contract with others to conduct, research, including the study, analysis, accumulation, and dissemination of information obtained from that research or otherwise, which the commission deems will or may benefit the health and welfare of honeybees and the beekeeping industry. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  84. 79663.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission may accept contributions or matching funds and may use or give funds to other persons or government agencies to carry out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79663. The commission may accept contributions or matching private, state, or federal funds, and employ or make contributions of funds to other persons or state or federal agencies, for purposes of carrying out this chapter. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  85. 79664.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79664. The commission may publish and distribute, without charge, bulletins or other communications for the dissemination of information to beekeepers. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  86. 79665.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79665. The commission shall establish an assessment rate to defray the operating costs of the commission. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  87. 79666.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission must adopt an annual budget using generally accepted accounting practices, and the secretary must concur before funds are encumbered, except for employee compensation encumbrances.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79666. The commission shall adopt an annual budget according to generally accepted accounting practices. The secretary shall concur in the adoption of the budget prior to the encumbrance of funds, except for encumbrances necessary to pay the compensation of employees of the commission. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  88. 79667.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79667. 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. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  89. 79668.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission may investigate and prosecute civil violations of this chapter, and it 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Commission [79651 - 79668] ( Article 4 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79668. 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. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  90. 79671.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The secretary must publish a notice and build a producer list, and producers must register with specified information to vote on implementation.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79671. (a) Within 30 days after the effective date of this chapter, the secretary shall issue a public notice that the department is preparing a list of beekeepers who are eligible to vote on the implementation of this chapter. The notice shall indicate that beekeepers eligible to vote in the implementation referendum must register with the department. The notice shall be placed in appropriate publications and shall include instructions on how to register. (b) Within 180 days after the effective date of this chapter, the secretary shall establish a list of local and out-of-state producers, who are eligible to vote on the implementation of this chapter. (c) The secretary shall require in the registration process that producers submit the names, mailing addresses, and number of colonies operated during the preceding marketing season and identify their district based on primary residence. (d) Any producer whose name does not appear on the secretary’s list may have his or her name placed on the list by filing with the secretary a signed statement identifying himself or herself as a producer and providing the required registration information specified in this section. Failure to be on the list does not exempt the producer from paying assessments under this chapter. (e) Any eligible producer may contact other eligible producers in a form and manner prescribed by the secretary. 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 producers. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  91. 79672.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    This chapter does not become operative until the secretary finds at least 30% producer participation and one of the stated referendum approval conditions is met, except as needed to conduct the referendum 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79672. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds that at least 30 percent of the total number of the producers from the list established by the secretary participate, and either of the following occurs: (a) Sixty-five percent of the producers who voted in the referendum voted in favor of this chapter, and the producers so voting owned or operated a majority of the total quantity of colonies maintained 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 this chapter, and the producers so voting owned or operated 65 percent or more of the total quantity of colonies maintained in the preceding marketing season by all of the producers voting in the referendum. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  92. 79673.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The secretary must set a referendum period between 10 and 60 days, may prescribe extra procedures, and may extend the period if the initial period is under 60 days, but the total period cannot exceed 60 days.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79673. 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  93. 79674.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    A referendum is not invalid just because a ballot was not received.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79674. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  94. 79675.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    If the secretary finds there was a favorable vote under Section 79672, the secretary must certify it and notify all producers on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79675. If the secretary finds that a favorable vote has been given as provided in Section 79672, he or she shall so certify and give notice of the vote to all producers whose names and addresses are on file with the secretary. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  95. 79676.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    If the secretary does not find a favorable vote, the secretary must certify and declare the chapter inoperative. The secretary may hold another implementation referendum vote one or more years later.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79676. 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  96. 79677.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    After the commission is certified, the secretary must contact all producers to start the nomination and election process. Nominees must file a nomination petition with the secretary to be eligible for election, and later commission selections must follow procedures set by the commission with the secretary’s concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79677. (a) Upon certification of the commission, the secretary shall contact all producers 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. (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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  97. 79678.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    Before the referendum vote, the commission’s proponents must deposit secretary-set funds to cover voting-related expenses; unused money must be returned, and the commission may later reimburse the proponents after it is established.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79671 - 79678] ( Article 5 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79678. 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  98. 79681.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79681 - 79685] ( Article 6 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission must set the annual assessment for producers with 50 or more colonies, and the assessment must be levied on all bee colonies in California at no more than $1 per colony.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79681 - 79685] ( Article 6 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79681. (a) The commission shall, not later than January 1 of each year, or as soon thereafter as possible, establish the assessment to be paid by the producers of 50 or more colonies for the marketing season. (b) The assessment shall be levied annually on all bee colonies in California on March 1 of each year and not be more than one dollar ($1) per colony. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  99. 79682.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79681 - 79685] ( Article 6 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission or secretary must keep proprietary information confidential and must not disclose it, except when a court order requires disclosure after a hearing in a judicial proceeding under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79681 - 79685] ( Article 6 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79682. All proprietary information obtained by the commission or the secretary from any source, including the names and addresses of producers, shall be confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding involving this chapter. Information on volume shipments, hive value, and any other related information 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  100. 79683.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79681 - 79685] ( Article 6 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    Producers, including assessment-exempt beekeepers, must keep accurate colony records and make them available for inspection when demanded in writing by the commission or its authorized agent.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79681 - 79685] ( Article 6 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79683. Every producer, including beekeepers exempt from the payment of assessments, shall keep a complete and accurate record of their total number of colonies used for commercial purposes. The records shall be in simple form and contain information as the commission shall prescribe. The records shall be retained by the beekeeper for five 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  101. 79684.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79681 - 79685] ( Article 6 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    An assessment levied under this chapter becomes a personal debt of each assessed producer.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79681 - 79685] ( Article 6 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79684. Any assessment that is levied as provided in this chapter is a personal debt of every producer so assessed. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  102. 79685.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79681 - 79685] ( Article 6 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    If an assessment is not paid within 30 days after it is due, the person must pay a 10% penalty and 1.5% monthly interest; the commission may also require a surety bond for nonpayment.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79681 - 79685] ( Article 6 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79685. (a) Any person who fails to pay any assessment within 30 days of the due date shall pay, in addition to his or her assessment fee, 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  103. 79691.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79691 - 79696] ( Article 7 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission may levy a civil penalty of up to $1,000 on a person who willfully commits any of the listed acts.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79691 - 79696] ( Article 7 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79691. A civil penalty not exceeding one thousand dollars ($1,000) may be levied by the commission upon a person who willfully does any of the following: (a) Renders or furnishes a false report, statement, or record required by the commission. (b) Fails to render or furnish a report, statement, or record required by the commission. (c) Conducts himself or herself in any way to affect the shipment of pollination units, bees, honey, or hive products in order to avoid payment of assessments. (d) Secretes, destroys, or alters records required to be kept by this chapter. (Amended by Stats. 2011, Ch. 296, Sec. 107. (AB 1023) Effective January 1, 2012.)
  104. 79692.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79691 - 79696] ( Article 7 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79691 - 79696] ( Article 7 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79692. 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  105. 79693.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79691 - 79696] ( Article 7 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The commission may sue to collect assessments and civil penalties or to seek injunctions or specific performance, and courts must grant requested relief if the statute’s 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79691 - 79696] ( Article 7 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79693. (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 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 of inadequate remedy at law specified by 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 beekeeping 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  106. 79694.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79691 - 79696] ( Article 7 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    Actions by the commission for penalties or other remedies under this chapter, and actions against the commission, must be started within two years.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79691 - 79696] ( Article 7 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79694. 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  107. 79695.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79691 - 79696] ( Article 7 added by Stats. 2010, Ch. 585, 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79691 - 79696] ( Article 7 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79695. 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  108. 79696.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79691 - 79696] ( Article 7 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79691 - 79696] ( Article 7 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79696. 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  109. 79701.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79701 - 79705] ( Article 8 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The secretary must hold a public hearing every fifth year during January 1 to December 31 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 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79701 - 79705] ( Article 8 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79701. (a) In the fifth year of operation of this chapter and every fifth year thereafter, between January 1 and December 31, 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 to determine whether the operations 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 voting in the referendum voted in favor of continuing the operations 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 79704. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  110. 79702.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79701 - 79705] ( Article 8 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    The secretary must conduct the Section 79701 process every fifth year, after a hearing and any required favorable referendum, during January 1 to December 31, unless a petition-driven referendum is held under Section 79703.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79701 - 79705] ( Article 8 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79702. Following a hearing, and favorable referendum if required, the process specified in Section 79701 shall be conducted by the secretary every fifth year thereafter, between January 1 and December 31, unless a referendum is conducted as the result of a petition pursuant to Section 79703. (Amended by Stats. 2011, Ch. 296, Sec. 108. (AB 1023) Effective January 1, 2012.)
  111. 79703.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79701 - 79705] ( Article 8 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79701 - 79705] ( Article 8 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79703. (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 owned and operated not less than 15 percent of the total quantity of colonies maintained in the immediately preceding marketing season, cause a referendum to be conducted among the listed producers to determine if the operations of the commission shall be suspended. However, the secretary shall not hold a referendum as a result of the petition unless the petitioner shows by 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 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 that at least 30 percent of the total number of producers from the list established by the secretary participate, and that either of the following occurs: (1) Sixty-five percent of the producers who voted in the referendum voted in favor of suspension, and the producers so voting operated a majority of the total quantity of honeybee colonies owned or operated by those producers voting in the referendum. (2) A majority of the producers who voted in the referendum voted in favor of suspension, and the producers so voting operated 65 percent or more of the total quantity of honeybee colonies owned or operated by those producers voting in the referendum. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  112. 79704.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79701 - 79705] ( Article 8 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    After suspension, the commission must wind up its operations and refund eligible assessment money pro rata, unless the refund amounts are too small to compute and remit practically.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79701 - 79705] ( Article 8 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79704. 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 on 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. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  113. 79705.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79701 - 79705] ( Article 8 added by Stats. 2010, Ch. 585, Sec. 1. )

    Verify source ↗

    If the chapter and commission are suspended, the commission must mail the suspension notice to affected producers on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 28. California Apiary Research Commission [79601 - 79705] ( Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79701 - 79705] ( Article 8 added by Stats. 2010, Ch. 585, Sec. 1. ) ## 79705. 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 affected by the suspension whose names and addresses are on file. (Added by Stats. 2010, Ch. 585, Sec. 1. (AB 1912) Effective January 1, 2011.)
  114. 79800.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79800 - 79806] ( Article 1 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    This section states that producing olives for processing into olive oil, and marketing olive oil, is an important state industry.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79800 - 79806] ( Article 1 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79800. The production of olives for processing into olive oil and marketing of the olive oil constitutes an important industry of this state which provides substantial and necessary revenues for the state and employment for its citizens. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  115. 79801.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79800 - 79806] ( Article 1 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The section says creating the commission is necessary to manage the chapter’s authorized activities and to improve the olive oil industry’s competitiveness.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79800 - 79806] ( Article 1 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79801. The establishment of the commission is necessary for the efficient creation and management of the activities authorized in this chapter. The commission is also necessary to enhance the competitiveness of the industry within the state, national, and international marketplace. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  116. 79802.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79800 - 79806] ( Article 1 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The provision states that maintaining the olive industry in California is necessary to keep a steady supply of olives and olive oil and to maintain income for people involved in producing olives for olive oil and marketing olive oil.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79800 - 79806] ( Article 1 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79802. The maintenance of the industry in California is necessary to ensure a continuous supply of olives and the resulting olive oil and to ensure the needed levels of income are maintained for those engaged in the production of olives for processing into olive oil and the marketing of olive oil. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  117. 79803.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79800 - 79806] ( Article 1 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The production of olives for processing into olive oil and the marketing of olive oil produced in California are declared a 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79800 - 79806] ( Article 1 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79803. The production of olives for processing into olive oil and the marketing of olive oil produced in this state is hereby declared to be 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  118. 79804.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79800 - 79806] ( Article 1 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    This provision says the Olive Oil Commission of California is meant to help people in the chapter’s covered activities benefit from collective action in olive oil research, grading and labeling standards, 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79800 - 79806] ( Article 1 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79804. The commission form of administration created by this chapter is uniquely situated to provide those engaged in the activities specified in this chapter the opportunity to avail themselves of the benefits of collective action in the broad fields of olive oil research, grades and labeling standards, and public education. (Amended by Stats. 2017, Ch. 144, Sec. 4. (AB 933) Effective January 1, 2018.)
  119. 79805.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79800 - 79806] ( Article 1 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    Actions taken by the commission, or by individuals following this chapter or its rules, are not treated as 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79800 - 79806] ( Article 1 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79805. 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  120. 79806.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79800 - 79806] ( Article 1 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The section says commission members are meant to represent the particular olive oil industry and, through that representation, 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79800 - 79806] ( Article 1 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79806. 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  121. 79811.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    This section says the definitions in this article 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79811. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  122. 79812.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    This section defines “olive oil” as oil made solely from the fruit of the olive tree and 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79812. “Olive oil” means the oil obtained solely from the fruit of the olive tree (Olea europea L.) which is produced in California for commercial purposes. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  123. 79812.5.

    ## 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    This section defines “Olives” as fruit of the olive tree that are processed into olive oil.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79812.5. “Olives” means fruit of the olive tree (Olea europea L.) that are processed into olive oil. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  124. 79813.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79813. “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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  125. 79814.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    “Commission” means the Olive Oil Commission of 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79814. “Commission” means the Olive Oil Commission of California. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  126. 79815.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The commission board of directors must periodically check whether olive oil acreage in any district differs by more than 20% from other districts and redraw district lines if that happens. District boundaries can also be changed, and districts added or removed, with a two-thirds board vote, secretary concurrence, and prior notice to persons subject to 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79815. (a) “Districts” consist of the following: (1) District 1 consists of the Counties of Butte, Del Norte, Glenn, Humboldt, Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama, and Trinity. (2) District 2 consists of the Counties of Amador, Colusa, El Dorado, Lake, Marin, Mendocino, Napa, Nevada, Placer, Sacramento, Sierra, Solano, Sonoma, Sutter, Yolo, and Yuba. (3) District 3 consists of the Counties of Alameda, Calaveras, Contra Costa, Fresno, Imperial, Inyo, Kern, Kings, Los Angeles, Madera, Mariposa, Merced, Mono, Monterey, Orange, Riverside, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Stanislaus, Tulare, Tuolumne, and Ventura. (b) The commission board of directors shall periodically determine whether the olive oil acreage in any of the districts varies by more than 20 percent from the olive oil acreage in other districts and draw new district lines in the event a variance exists. This action shall be approved by a two-thirds vote of the commission board of directors. (c) The boundaries of a district may be changed and districts may be added or eliminated by a two-thirds vote of the commission board of directors, which is concurred in by the secretary, if 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  127. 79816.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    “Ex officio members” means nonvoting members of the commission board of directors.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79816. “Ex officio members” are nonvoting members of the commission board of directors. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  128. 79817.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    This section defines “handle” as engaging 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79817. “Handle” means to engage in the business of a handler. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  129. 79818.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    This section defines “handler” for olive oil law.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79818. (a) “Handler” means a person who engages, in this state, in the processing or milling of olives into olive oil that the handler has produced, or purchased or acquired from an olive producer, or that toll processes or mills olives on behalf of an olive 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. (Amended by Stats. 2025, Ch. 188, Sec. 17. (AB 1322) Effective January 1, 2026.)
  130. 79819.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    This section defines “market” or “marketing” as selling olive oil into commercial channels of trade.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79819. “Market” or “marketing” means to sell olive oil into commercial channels of trade. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  131. 79820.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    This section defines “marketing season” and “fiscal year” as the same term, meaning July 1 through June 30 of the following year.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79820. “Marketing season” or “fiscal year” are synonymous terms and mean the period beginning July 1 of any year and extending through June 30 of the following year. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  132. 79821.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    This section defines “Producer” for this chapter and requires a producer to provide proof of commodity sale to the commission when requested.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79821. “Producer” means a person that produces or causes to be produced olives that are processed or toll processed into olive oil in the amount of 5,000 gallons or more during the marketing season and that shall, upon request of the commission, provide proof of commodity sale. (Amended by Stats. 2025, Ch. 188, Sec. 18. (AB 1322) Effective January 1, 2026.)
  133. 79822.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79822. “Secretary” means the Secretary of Food and Agriculture. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  134. 79823.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    This section defines “advisory committee” as a committee appointed by the secretary from applications submitted by persons who produce or cause to be produced olives processed into less than 5,000 gallons of olive oil during the marketing season.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79823. “Advisory committee” means a committee appointed by the secretary from applications received from persons that produce or cause to be produced olives that are processed into less than 5,000 gallons of olive oil during the marketing season. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  135. 79824.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    “Toll processor” means a person who processes or mills olives into olive oil for 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 2. Definitions [79811 - 79824] ( Article 2 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79824. “Toll processor” means to process or mill olives into olive oil on behalf of a producer. (Added by Stats. 2025, Ch. 188, Sec. 19. (AB 1322) Effective January 1, 2026.)
  136. 79831.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    This section creates the Olive Oil Commission of California and sets the board’s membership, the advisory committee’s size and term, and the secretary’s role in appointing one public member.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79831. (a) There is in the state government the Olive Oil Commission of California. Except as provided in subdivision (c), the commission board of directors shall be composed of the following: (1) Six producers, two from each district. (2) Three handlers, one from each district. (3) One public member who shall be appointed to the commission board of directors by the secretary from nominees recommended by the commission board of directors. (4) The chair of the advisory committee. (b) The secretary and other appropriate persons as determined by the commission board of directors shall be ex officio members. (c) The commission board of directors may modify the number of producers and handlers who serve on the commission board of directors by a two-thirds vote that is concurred in by the secretary, if proper notice is provided to all persons subject to this chapter before the action. (d) An advisory committee shall meet periodically to review issues affecting the purposes of this chapter and shall advise the commission board of directors. The advisory committee shall consist of seven members who shall each serve three-year terms. The chair of the advisory committee shall be selected by the members. (Amended by Stats. 2016, Ch. 278, Sec. 1. (SB 746) Effective January 1, 2017.)
  137. 79832.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The secretary may order the commission to stop or fix activities that are not in the public interest or violate the chapter, and may suspend those activities 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79832. (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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  138. 79833.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The commission or the secretary may ask a court for judicial relief over 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79833. 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  139. 79834.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79834. 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  140. 79835.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    Board and committee members generally must have alternates, and alternates may act and exercise the member’s powers 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79835. (a) Except for the ex officio members of the commission board of directors, each member of the commission board of directors 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. 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 member 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. 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 member for the member is absent, shall act as the member until a qualified successor is elected. (b) The chair of the advisory committee shall designate a member of the advisory committee to serve as an alternate in place of the chair in the chair’s absence. An alternate advisory committee member serving in the place of the chair shall have and be able to exercise all rights, privileges, and powers of the chair when serving. (Amended by Stats. 2016, Ch. 278, Sec. 2. (SB 746) Effective January 1, 2017.)
  141. 79836.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    Vacancies on the commission board must be filled for the rest of the term, by election or, for a public member, by appointment. The person chosen must meet the article’s qualifications, and the secretary must notify the commission if the person is not qualified.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79836. Any vacancy on the commission board of directors, including, but not limited to, the failure of any person elected or appointed to the commission board of directors 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 election of another person, or appointment in the case of a public member, for the unexpired portion of the term, with elected positions to be filled by a majority vote of the commission board of directors. However, the person elected or appointed 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 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  142. 79837.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    A producer member or alternate on the commission board must be a qualifying producer-affiliated individual and remain compliant with this section 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79837. A producer member or his or her alternate on the commission board of directors shall be an individual, partner, or employee of a producer who has a financial interest in producing, or causing to be produced, olives for processing into olive oil. The producer member or his or her alternate shall be in compliance with this section during the entire term of his or her office. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  143. 79838.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The public member, or that person’s alternate, has the same powers, rights, and privileges as any other board member, must avoid financial interests in olives or olive oil marketing, and must stay compliant 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79838. The public member, or his or her alternate on the commission board of directors, shall have all the powers, rights, and privileges of any other member on the commission board of directors. The public member shall not have any financial interest in the production or processing of olives or the marketing of olive oil but may be an individual who provides services to individuals who do have a financial interest. The public member or his or her alternate shall be in compliance with this section during the entire term of his or her office. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  144. 79839.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    Most commission board directors and alternates serve three-year terms, except ex officio members; some first members serve shorter staggered terms, and alternates serve the same term as the member they replace.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79839. (a) Except as provided in paragraphs (1) and (2), the term of office of all members of the commission board of directors and their alternates, except any ex officio member, shall be three years from the date of their election and until their successors are elected. (1) Of the first producer members, one from each district shall serve two years and one from each district shall serve three years. (2) Of the first handler members, one shall serve one year, one shall serve two years, and one shall serve three years. (b) The determination of the term of each member shall be made by lot at the time of election. (c) An alternate shall serve the same term as the member for whom he or she serves as alternate. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  145. 79840.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79840. 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  146. 79841.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    A quorum for the commission board is a majority of voting members. If there is a quorum, a majority vote of those present counts as an act of the commission, unless the chapter says otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79841. A quorum of the commission board of directors is a majority of the members authorized to vote. Except as otherwise provided in this chapter, the vote of a majority of these members present at a meeting at which there is a quorum shall constitute an act of the commission. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  147. 79842.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79842. The secretary or his or her representatives shall be notified and may attend each meeting of the commission board of directors and any meetings of a committee established by the commission. However, the secretary is not entitled to attend an executive session of the commission board of directors called for the purpose of discussing potential or actual litigation against the department. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  148. 79843.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. )

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    Commission board and committee members may not receive a salary, but non-exempt members may receive approved travel and meal reimbursements.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79843. A member of the commission board of directors or of any committee established by the commission, which may include nonmembers of the commission board of directors, shall not receive a salary. Except for ex officio government members, a member may receive reasonable and necessary traveling expenses and meal allowances, as established by the commission board of directors, 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  149. 79844.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79844. If the secretary is required to concur in a decision of the commission, he or she shall indicate his or her response within 15 working days from notification of the decision. The response may be a request that additional information be provided. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  150. 79845.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    Money received under this chapter must be deposited in banks designated by the commission board of directors, and disbursements must be made by order of that board through designated agents. Authorized agents must also be covered by a fidelity bond of at least $25,000.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79845. 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 board of directors and shall be disbursed by order of the commission board of directors 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  151. 79846.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The state and certain commission personnel are not personally liable for commission acts or contracts, except for individual 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 3. Olive Oil Commission of California [79831 - 79846] ( Article 3 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79846. 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. Members and alternate members of the commission board of directors, employees, and agents of the commission shall not be personally liable for the contracts of the commission, and members and alternate members of the commission board of directors, and employees of the commission shall not be responsible individually in any way to a 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. Members and alternate members of the commission board of directors shall not be held responsible individually for any act or omission of any other member or alternate member. The liability of the members and alternate members of the commission board of directors shall be several and not joint, and a member or alternate member shall not be liable for the default of any other member or alternate member. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  152. 79851.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79851- 79851.] ( Article 4 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The commission board of directors has broad power to run the olive oil commission, make rules, hire staff, set compensation, create committees, manage finances, and enforce 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79851- 79851.] ( Article 4 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79851. The powers and duties of the commission board of directors include, but are not limited to, all of the following: (a) Adopt and from time to time alter, rescind, modify, and amend bylaws, rules, and orders, and recommend regulations in accordance with Article 9 (commencing with Section 79901) for carrying out this chapter, including rules for appeals from any bylaw, rule, regulation, order, or recommended regulation. These actions are not 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 from the members of the commission board of directors, including a chairperson, one or more vice chairpersons, and any other officers as it determines necessary. The officers have the powers and duties delegated to them by the commission board of directors. (d) Employ a person to serve at the pleasure of the commission as president and chief executive officer, 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 this state to perform the functions prescribed by this subdivision under control of the commission board of directors. If a person subject to this subdivision engages in conduct that the secretary determines to be in violation of this chapter, or is not in the public interest, the secretary shall notify the commission of the conduct and request that corrective, and if appropriate, disciplinary action, be taken by the commission board of directors. If the commission board of directors fails or refuses to correct the situation or to take disciplinary action satisfactory to the secretary, the secretary may suspend or discharge the person subject to this subdivision. (e) Fix the compensation for all employees. (f) Appoint committees composed of both members and nonmembers of the commission board of directors to advise 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 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 is subject to an annual audit by an auditing firm selected by the commission board of directors with the concurrence of the secretary. The audit shall be made a part of an annual report to all producers of olives and handlers subject to this chapter, and, notwithstanding Sections 9795 and 10231.5 of the Government Code, 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) Present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the purposes of this chapter. (j) Make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts or agreements determined to be necessary for the purposes specified in this chapter. (k) Conduct, and contract with others to conduct, research, including the study, analysis, dissemination, and accumulation of information obtained from research or elsewhere for purposes described in this chapter. In connection with the research, 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. (l) Collect information and publish and distribute to producers a bulletin or other communication for dissemination of information relating to this chapter. (m) Establish an assessment rate to defray operating costs. (n) Establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the secretary before the disbursement of funds, except for disbursements made pursuant to subdivision (e). (o) Submit to the secretary for his or her concurrence, an annual statement of contemplated activities authorized under this chapter. (p) 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. (q) Engage in activities and administer any program authorized in Article 9 (commencing with Section 79901). (r) Prescribe the form and manner by which proponents and opponents of the commission may contact producers so long as all expenses associated with the contacts are paid in advance. (s) Engage in communications with the public regarding activities authorized in this section. (Amended by Stats. 2018, Ch. 92, Sec. 81. (SB 1289) Effective January 1, 2019.)
  153. 79861.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The secretary must create a producer voting list by February 1, 2014, and may require olive handlers to provide producer and production information in writing within 10 days of 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79861. (a) Before February 1, 2014, the secretary shall establish a list of producers eligible to vote on the implementation of this chapter. In establishing the list, the secretary shall require that handlers of olives submit the names and mailing addresses of producers from whom olives are received, and the volume of olive oil resulting from each producer’s olives that was marketed 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) A producer whose name does not appear on the secretary’s list may have his or her name placed on the list by filing with the secretary a signed statement identifying himself or herself as a producer. Failure to be on the list does not exempt the producer from paying assessments under this chapter. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  154. 79862.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    This chapter does not take effect until the secretary finds enough producer participation and one of the referendum approval tests is met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79862. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds 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: (a) 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 olives processed into olive oil 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 this chapter, and the producers so voting produced 65 percent or more of the total quantity of olives processed into olive oil in the preceding marketing season by all of the producers voting in the referendum. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  155. 79863.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79863. 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  156. 79864.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    Not receiving a ballot does not make a referendum invalid.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79864. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  157. 79865.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    If the secretary finds a favorable vote under this article, the secretary must certify the vote and notify producers on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79865. If the secretary finds that a favorable vote has been given as provided in this article, he or she shall certify the vote and give notice of the vote to producers whose names and addresses are on file with the secretary. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  158. 79866.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    If the secretary finds that the required favorable vote was not obtained, the secretary must certify the vote and declare the chapter inoperative. The secretary may also hold another implementation referendum vote one or more years later.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79866. If the secretary finds that a favorable vote has not been given as provided in this article, he or she shall certify the vote 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  159. 79867.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    After the commission is certified, the secretary must contact producers and handlers to begin nominating and electing board members. Later selections of producers and handlers must follow procedures set by the board of directors with the secretary’s concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79867. (a) Upon certification of the commission, the secretary shall contact producers and handlers in a manner determined by the secretary for the purpose of nominating and electing persons to the commission board of directors. (b) Subsequent to the first election of members of the commission board of directors, or appointment in cases of a public member, producers and handlers shall be selected pursuant to nomination and election procedures established by the commission board of directors with the concurrence of the secretary. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  160. 79868.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    Before the referendum vote, the commission’s proponents must deposit with the secretary whatever funds the secretary determines are needed to cover voting-preparation expenses. Unused funds must be returned, and after the commission is established the board may reimburse the proponents for deposited funds and related legal costs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79861 - 79868] ( Article 5 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79868. 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 board of directors 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  161. 79871.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The commission board of directors must set the olive oil assessment for each marketing season, and the assessment cannot exceed 25 cents per gallon unless approved under Section 79862 voting 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79871. (a) The commission board of directors shall, no later than the beginning of each marketing season, or as soon thereafter as possible, establish the assessment to be paid by producers and collected by handlers for the marketing season. The assessment shall not be more than twenty-five cents ($0.25) per gallon for all olive oil handled as specified in this chapter and shall not exceed the reasonable costs of achieving the purposes of this chapter. (b) An assessment greater than the amounts in this section shall not be charged unless it is approved in accordance with the voting requirements provided in Section 79862. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  162. 79872.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    This chapter does not apply to a producer’s olives when they are processed into olive oil for home use.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79872. This chapter does not apply to a producer’s olives processed into olive oil for his or her home use. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  163. 79873.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    Olive oil handlers and certain producers must keep complete and accurate records, keep them for two years, and provide them for inspection on written demand by the commission or its agent.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79873. (a) Handlers of olive oil shall keep a complete and accurate record of all olives purchased by them and olive oil handled by them with the name of the producer or producers whose olives were purchased or handled. (b) A producer who handles olive oil made from his or her olives shall keep a complete and accurate record of the olive oil handled. (c) The records described in subdivisions (a) and (b) 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 by the commission or its duly authorized agent. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  164. 79874.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The commission and the secretary must keep proprietary information confidential and may not disclose it unless a court order requires disclosure. The commission may disclose certain aggregate 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79874. (a) All proprietary information obtained by the commission or the secretary from any source, including the names and addresses of producers, shall be confidential and shall not be disclosed except if required by court order in a judicial proceeding. (b) Information on volume shipments and any other related information that is required for reports to governmental agencies, financial reports to the commission on 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  165. 79875.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The first handler must deduct the assessment from amounts paid to the producer and hold the funds as trustee until they are paid to the commission. A producer who handles olive oil made from their olives 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79875. The first handler of olive oil 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 board of directors. A producer who handles olive oil made from his or her olives shall pay an assessment directly to the commission at the time and in the manner prescribed by the commission board of directors. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  166. 79876.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    Handlers are personally liable for paying assessments collected from 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79876. Every handler shall be personally liable for the payment of the assessments collected from producers, and failure to collect the assessment from any producer shall not exempt the handler from liability. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  167. 79877.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    An assessment levied under this chapter becomes a personal debt of the assessed producer.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79877. An assessment that is levied as provided in this chapter is a personal debt of the producer assessed. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  168. 79878.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    Late filers or payors 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79871 - 79878] ( Article 6 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79878. (a) A person who fails to file a return or pay an 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 a 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 board of directors as assurance that all payments to the commission will be made when due. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  169. 79881.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79881 - 79887] ( Article 7 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The commission may levy a civil penalty of up to $1,000 on a person who submits false records, fails to file required reports, refuses requested information, or tampers with 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79881 - 79887] ( Article 7 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79881. 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 render or furnish a false report, statement, or record required by the commission, or in any way to affect the shipment and marketing of olive oil 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 producing of olives for processing into olive oil or handling of olive oil, 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 olive oil and the quantity so received. (d) Secrete, destroy, or alter records required to be kept by this chapter. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  170. 79882.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79881 - 79887] ( Article 7 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The commission board of directors must set up informal hearing procedures for people who are aggrieved by its actions or decisions. Those people may appeal to the secretary, and the secretary’s decision may be reviewed by a superior court on petition.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79881 - 79887] ( Article 7 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79882. For purposes of according individuals aggrieved by its actions or determinations, the commission board of directors shall establish procedures for an informal hearing before the commission or before a committee of the commission established for this purpose. Appeals from the decision of the commission board of directors 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  171. 79883.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79881 - 79887] ( Article 7 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The commission may sue to collect assessments and civil penalties and seek injunctions or specific performance, and courts must grant requested writs or injunctions on a prima facie verified showing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79881 - 79887] ( Article 7 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79883. (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 the production of olives or handling of olive oil 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 related costs actually incurred. 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  172. 79884.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79881 - 79887] ( Article 7 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The commission and any person must start covered actions within two years of the relevant violation/discovery 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79881 - 79887] ( Article 7 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79884. 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  173. 79885.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79881 - 79887] ( Article 7 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The commission does not have to allege or prove that there is no adequate remedy at law 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79881 - 79887] ( Article 7 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79885. The commission shall not be required to allege or prove that an adequate remedy at law does not exist in any action brought under this chapter. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  174. 79886.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79881 - 79887] ( Article 7 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    This section says the chapter should be interpreted broadly, and if part of it is later found unconstitutional or invalid, the rest still remains in effect.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79881 - 79887] ( Article 7 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79886. 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  175. 79887.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79881 - 79887] ( Article 7 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    If this chapter ends, existing or future rights, duties, obligations, liabilities, and the commission’s remedies for violations 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79881 - 79887] ( Article 7 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79887. 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  176. 79891.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79891 - 79895] ( Article 8 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The secretary must hold a public hearing five years after implementation of the chapter to decide whether it should continue, and may have to send it to a producer referendum depending on the hearing result.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79891 - 79895] ( Article 8 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79891. (a) Five years after implementation of this chapter, the secretary shall hold a public hearing, after providing proper notice to 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 producers 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 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 voting in the referendum voted in favor of continuing the operation of this chapter, the secretary shall certify the vote and this chapter shall remain operative. If the secretary finds that a favorable vote has not been given, he or she shall certify the vote and declare the operation of this chapter 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 79894. A bond or security shall not be required for the referendum. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  177. 79892.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79891 - 79895] ( Article 8 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The secretary must carry out the Section 79891 process every five years, after the required hearing and any required favorable referendum, unless a petition-led referendum changes the cycle.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79891 - 79895] ( Article 8 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79892. Following a hearing, and favorable referendum if required, the process specified in Section 79891 shall be conducted by the secretary every five years thereafter between July 1 and June 30 of the following year, unless a referendum is conducted as the result of a petition pursuant to Section 79893. In that case, the hearing, and referendum if required, shall be conducted every five years following the industry petitioned referendum. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  178. 79893.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79891 - 79895] ( Article 8 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79891 - 79895] ( Article 8 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79893. (a) Upon a finding by a two-thirds vote of the commission board of directors 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 expiration of the current marketing season. (b) (1) The secretary shall, upon receipt of a recommendation, or may, after a public hearing to review a petition described in paragraph (2) requesting the suspension, cause a referendum to be conducted among the listed producers to determine if the operations of the commission shall be suspended. The secretary shall not hold a referendum as a result of a petition described in paragraph (2) unless the petitioner shows by the weight of evidence that the implementation of this chapter has not effectuated its declared purposes. (2) A petition filed requesting suspension of the commission shall be signed by at least 15 percent of the producers, by number, who also produce at least 15 percent of the total volume of olives marketed in the preceding marketing season. (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 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: (1) Sixty-five percent of the producers that voted in the referendum voted in favor of suspension, and the producers so voting produced a majority of the total quantity of olives processed into olive oil in the preceding marketing season by all of the producers voting in the referendum. (2) A majority of the producers that voted in the referendum voted in favor of suspension, and the producers so voting produced 65 percent or more of the total quantity of olives processed into olive oil in the preceding marketing season by all of the producers voting in the referendum. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  179. 79894.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79891 - 79895] ( Article 8 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    If the chapter is suspended, the commission must finish its operations and refund assessment money pro rata to the people who paid assessments in the prior marketing season, unless the board finds the refund amounts are too small to handle economically.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79891 - 79895] ( Article 8 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79894. After the effective date of suspension of this chapter, 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 marketing season. However, if the commission board of directors 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 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. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  180. 79895.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79891 - 79895] ( Article 8 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    If the chapter’s operation is suspended, the commission must mail the suspension notice to affected producers whose names and addresses are on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79891 - 79895] ( Article 8 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79895. Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to producers affected by the suspension whose names and addresses are on file. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  181. 79901.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 9. Quality Standards [79901 - 79902] ( Article 9 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The commission board of directors may recommend olive oil grades and labeling standards to the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 9. Quality Standards [79901 - 79902] ( Article 9 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79901. The commission board of directors may recommend to the secretary the adoption and amendment of olive oil grades and labeling standards, in accordance with the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21), unless otherwise specified in this article. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  182. 79902.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 9. Quality Standards [79901 - 79902] ( Article 9 added by Stats. 2013, Ch. 344, Sec. 1. )

    Verify source ↗

    The commission board of directors must serve as the secretary’s advisory body for 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 29. Olive Oil Commission of California [79800 - 79902] ( Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1. ) ## ARTICLE 9. Quality Standards [79901 - 79902] ( Article 9 added by Stats. 2013, Ch. 344, Sec. 1. ) ## 79902. The commission board of directors shall serve as the advisory body to the secretary on all matters pertaining to this article. (Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.)
  183. 79911.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79911 - 79917] ( Article 1 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The section says agave cultivation and the marketing of agave and agave products are an important state industry.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79911 - 79917] ( Article 1 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79911. The cultivation of agave for processing into agave products and the marketing of agave and agave products constitute an important industry of this state, which provides substantial and necessary revenues for the state and employment for its residents. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  184. 79912.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79911 - 79917] ( Article 1 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    This section says agave cultivation in California aligns with and supports the state’s environmentally sensitive policies.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79911 - 79917] ( Article 1 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79912. The cultivation of agave in California is consistent with and supportive of California’s environmentally sensitive policies relating to sustainable farming practices, including water conservation, through the cultivation of drought tolerant crops. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  185. 79913.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79911 - 79917] ( Article 1 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The section states that establishing the commission is necessary for managing activities authorized in the chapter and for improving the industry’s competitiveness.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79911 - 79917] ( Article 1 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79913. The establishment of the commission is necessary for the efficient management of activities authorized in this chapter. The commission is also necessary to enhance the competitiveness of the industry within the state, national, and international marketplace. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  186. 79914.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79911 - 79917] ( Article 1 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    This section says the chapter is in the public interest and is enacted under the state’s police power to protect the health, peace, safety, and general welfare of the people of 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 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79911 - 79917] ( Article 1 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79914. The purposes of this chapter are hereby declared to be in the 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. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  187. 79915.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79911 - 79917] ( Article 1 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The commission form of administration created by this chapter is described as a way for people in the chapter’s activities to benefit from collective action in research, education, promotion, and marketing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79911 - 79917] ( Article 1 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79915. The commission form of administration created by this chapter is uniquely situated to provide those engaged in the activities specified in this chapter the opportunity to avail themselves of the benefits of collective action in the broad fields of research, education, promotion, and marketing. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  188. 79916.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79911 - 79917] ( Article 1 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    Actions taken by the commission, or by individuals acting under this chapter, are not treated as 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 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79911 - 79917] ( Article 1 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79916. No action taken by the commission, or by any individual in accordance with this chapter or with bylaws or procedures established pursuant to 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 statutory or common law against monopolies or combinations in restraint of trade. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  189. 79917.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79911 - 79917] ( Article 1 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The Legislature says commission members should represent and further the interests of the agave industry, and that doing so serves the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 1. Declarations and General Provisions [79911 - 79917] ( Article 1 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79917. It is the intent of the Legislature that members of the commission represent and further the interests of the agave industry and that this representation and furtherance serve the public interest. Accordingly, the Legislature finds that with respect to persons who are elected or appointed to the commission, the agave industry is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  190. 79921.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79921. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  191. 79922.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    This section defines “agave” and says agave grown only for ornamental purposes is not covered by this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79922. (a) “Agave” means the species of plants in the genus Agave of the family Asparagaceae cultivated for their juice and fiber. (b) Agave cultivated solely for ornamental purposes is not subject to this chapter. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  192. 79923.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    “Books and records” includes books, records, contracts, documents, memoranda, papers, correspondence, and other written data related to activities covered by this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79923. “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. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  193. 79924.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    “Commission” means the California Agave 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 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79924. “Commission” means the California Agave Commission. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  194. 79925.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    This section defines “cultivate” or “cultivated” for agave as planting, tending, harvesting, or improving agave.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79925. “Cultivate” or “cultivated” means to plant, tend, harvest, or improve agave. Cultivated acreage does not include acreage removed from cultivation due to weather, disease, or other circumstances beyond the control of the grower. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  195. 79926.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    “Ex officio members” means nonvoting members of the commission board of directors.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79926. “Ex officio members” means nonvoting members of the commission board of directors. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  196. 79927.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    “Grower” means a person who commercially cultivates agave, or causes agave to be cultivated, under the stated acreage and container conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79927. “Grower” means a person who commercially cultivates agave, or causes agave to be cultivated, not in a container and on two acres or more during the marketing season. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  197. 79928.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. )

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    This section defines “market” or “marketing” for agave-related activity.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79928. “Market” or “marketing” means to sell agave and agave products into commercial channels of trade. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  198. 79929.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. )

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    “Marketing season” and “fiscal year” mean April 1 through March 31 of the following year.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79929. “Marketing season” or “fiscal year” are synonymous terms and mean the period beginning April 1 of any year and extending through March 31 of the following year. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  199. 79930.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. )

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    This section defines “process” or “processing” as engaging in the business of a processor.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79930. “Process” or “processing” means to engage in the business of a processor. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  200. 79931.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. )

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    This section defines “processor” for the chapter and treats certain corporate or LLC decision-makers as individuals when checking compliance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79931. (a) “Processor” means a person licensed to commercially process agave and who processes agave in an amount of more than three tons in the state in the preceding marketing season. (b) When the processor is a corporation or a limited liability company, all of the directors, officers, managers, and members of the corporation or limited liability company shall be treated as individuals when determining compliance with this chapter. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)

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