reglab/housing_qa huggingface dataset:
CA Food & Agri Code § 79103 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 5 - Implementation and Voting Procedures|Section 79103.

79103.  (a) If the secretary finds that a favorable vote has been given, pursuant to Section 79101, the secretary shall certify and give notice of the favorable vote to all affected divers and handlers whose names and addresses are on file with the secretary.(b) If the secretary finds that a favorable vote has not been given, pursuant to Section 79101, the secretary shall certify and declare all provisions of this chapter inoperative. The secretary may conduct other implementation referendum votes one year or more following certification of a previous vote.(c) If the secretary finds that a favorable vote has been given by either the divers or the handlers, but not both, the secretary shall certify and give notice of the favorable vote to all the divers and handlers whose names and addresses are on file with the secretary and this chapter shall be in effect only with regard to the divers or handlers, but not both, voting in favor of the referendum.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79104 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 5 - Implementation and Voting Procedures|Section 79104.

79104.  (a) Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary the amount that the secretary deems necessary to defray the expenses of preparing the necessary lists and information and conducting the vote.(b) Any funds not used in carrying out Section 79101 shall be deposited in the funds of the commission.(c) Upon establishment of the commission, the commission may reimburse the proponents of the commission for any funds deposited with the secretary that were used in carrying out this article, and for any legal expenses and costs incurred in establishing the commission.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79120 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 6 - Assessments and Records|Section 79120.

79120.  (a) The commission shall establish an assessment for the season not later than February 1 of each year or continue the previous assessment. The assessment in the first year of the commission’s operation shall be one cent ($0.01) for each pound of sea urchin landed or delivered by divers to handlers in the state. The maximum assessment that can be levied by majority vote of the commission shall not exceed three cents ($0.03) for each pound of sea urchin landed.(b) An assessment greater than the amount provided for in this section may not be levied unless and until a greater fee is approved by a majority of the commission and by eligible divers and handlers pursuant to procedures specified in this act.(c) The diver and the handler shall each pay one-half of the assessment established pursuant to this section. If the divers do not vote, pursuant to this act, to approve the commission, a diver is not required to pay any portion of the assessment. If handlers do not vote, pursuant to this act, to approve the commission, a handler is not required to pay any portion of the assessment. If either divers or handlers, but not both, vote in favor of the commission, the assessment may not exceed one-half of the amounts authorized by this section.(d) Any assessment that is levied as provided for in this section is a personal debt of every person assessed.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79121 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 6 - Assessments and Records|Section 79121.

79121.  (a) Every person or entity who handles sea urchin in any quantity shall keep a complete and accurate record of all transactions involving the purchase or sale of sea urchin. The records shall be in a simple form and contain such information as the commission shall prescribe. The records shall be preserved by the handler for a period of three years, and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent.(b) The assessment imposed by this article shall be paid consistent with the applicable procedures required for the payment of landing fees pursuant to Article 7.5 (commencing with Section 8040) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code. The fees imposed shall be paid quarterly pursuant to Section 8053 of the Fish and Game Code. If fees are not paid as required, the commission shall collect amounts owed under the procedures prescribed for sales and use taxes provided in Chapter 5 (commencing with Section 6451) of Part 1 of Division 2 of the Revenue and Taxation Code, insofar as they may be applicable, and for those purposes, “board” means the commission and “the date on which the tax became due and payable” means 30 days after the close of the quarter for which it is due.(c) Sections 8058 to 8070, inclusive, of the Fish and Game Code, shall apply to claims for overpayment of assessments to the commission. For the purposes of this subdivision, “department” as used in those sections, means the commission, and “landing fee” means the assessment imposed under this article.(Amended by Stats. 2017, Ch. 26, Sec. 44. (SB 92) Effective June 27, 2017.)
CA Food & Agri Code § 79122 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 6 - Assessments and Records|Section 79122.

79122.  (a) All proprietary information obtained by the commission or the secretary from any source, including, but not limited to, the names and addresses of divers and the volume and value of landings made or purchased, is confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding.(b) Information on volume and value of landings, and any other related information that is required for reports to governmental agencies, financial reports to the commission, or aggregate sales and inventory information, and any other information that gives only totals, but excludes individual diver or handler information, may be disclosed by the commission.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79123 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 6 - Assessments and Records|Section 79123.

79123.  The first handler of sea urchin being assessed shall deduct the assessment from amounts paid by him or her to the diver, and shall be a trustee of these assessments until they are paid to the commission at the time and in the manner prescribed by the commission. Failure to collect the assessment from any diver shall not exempt the handler from liability. In addition, failure of a handler to remit the collected diver assessments to the commission shall not relieve the diver of this obligation.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79124 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 6 - Assessments and Records|Section 79124.

79124.  When the handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for violating this chapter, including but not limited to, failing to pay assessments or to collect assessments, shall also include identical liability upon each director or officer of the corporation.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79125 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 6 - Assessments and Records|Section 79125.

79125.  Any person who fails to pay any assessment, including submitting any records required by the commission, within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, shall pay 11/2 percent interest per month on the unpaid balance.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79126 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 6 - Assessments and Records|Section 79126.

79126.  In addition to any other penalty imposed, the commission may require any person who fails to pay an assessment or related charge pursuant to this article to furnish and maintain a surety bond in a form and amount, and for a period of time, specified by the commission as assurance that all payments to the commission will be made when due.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79127 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 6 - Assessments and Records|Section 79127.

79127.  It is a misdemeanor for any person to do any of the following:(a) Willfully render or furnish a false report, statement, or record required by the commission, or in any way to affect the shipment and marketing of sea urchin with the intent to avoid payment of assessments.(b) Fail to render or furnish a report, statement, or record required by the commission.(c) When engaged in the fishing of sea urchin or in the wholesale or retail trade of sea urchin, to fail or refuse to furnish to the commission or its duly authorized agents, upon request, information concerning the name and address of the persons to whom sea urchin were sold or from whom sea urchin were received, and the quantity sold or received.(d) Secrete, destroy, or alter records required to be kept under this chapter.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79128 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 6 - Assessments and Records|Section 79128.

79128.  The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission, or before a committee of the commission designated for that purpose. Appeals from decisions of the commission may be made to the secretary. The determination of the secretary shall be subject to judicial review upon petition filed with the appropriate superior court.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79129 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 6 - Assessments and Records|Section 79129.

79129.  (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for the obtaining of injunctive relief or specific performance regarding this chapter and the regulations adopted pursuant to this chapter. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any other regulation of the commission, including, but not limited to, the nonpayment of assessments. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief.(b) A writ of attachment shall be issued pursuant to Chapter 4 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified in Section 485.010 of the Code of Civil Procedure is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or inadequate remedy at law specified in Sections 526 and 527 of the Code of Civil Procedure is not required.(c) Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business regarding sea urchin until there is full compliance and satisfaction of the judgment. Upon a favorable judgment for the commission, it shall be entitled to receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79130 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 6 - Assessments and Records|Section 79130.

79130.  Any action by the commission for any violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. Any action against the commission by any person shall be commenced within two years from the date of the act of which the person complains.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79131 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 6 - Assessments and Records|Section 79131.

79131.  The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that may thereafter arise in connection with this chapter, release or extinguish any violation of this chapter, or affect or impair any right or remedies of the commission with respect to any violation.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79132 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 6 - Assessments and Records|Section 79132.

79132.  The commission may consult and enter into agreements with the Director of Fish and Game, if necessary and appropriate, to assist in the administration and enforcement of this chapter, including, but not limited to, collecting assessments authorized by this chapter and providing routine information regarding the persons that may be subject to this chapter. If an agreement is established, the commission shall reimburse the Department of Fish and Game for reasonable administrative costs associated with the agreement.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79140 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 7 - Continuation or Suspension and Termination|Section 79140.

79140.  Every five years, commencing with the fifth year following certification of the commission, the secretary shall hold a hearing to determine whether the operation of this chapter should be continued. If the secretary finds after the hearing that a substantial question exists among eligible persons regarding whether the operation of this chapter should be continued, the secretary shall submit the chapter to a reapproval referendum. If a reapproval referendum is required, the operation of this chapter shall be continued in effect if the secretary finds that a majority of the eligible persons voting in the referendum, voted in favor of continuing this chapter.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79141 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 7 - Continuation or Suspension and Termination|Section 79141.

79141.  If the secretary finds after conducting a hearing that no substantial question exists or that a favorable vote has been given, the secretary shall so certify and this chapter shall remain operative. If the secretary finds that a favorable vote has not been given, he or she shall so certify and declare the operation of this chapter and the commission suspended upon the expiration of the fishing season of the year in which the certification is made. Thereupon, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 79144. No bond or security shall be required for any such referendum.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79142 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 7 - Continuation or Suspension and Termination|Section 79142.

79142.  The process specified in Section 79140 shall be conducted by the commission every fifth year following the initial certification of the commission, unless a referendum is conducted as the result of a petition pursuant to Section 79143. In that case, the hearing, and the referendum if required, shall be conducted every fifth year following the industry petitioned referendum.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79143 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 7 - Continuation or Suspension and Termination|Section 79143.

79143.  (a) Upon a finding by a two-thirds vote of the membership of the commission that the operation of this chapter has not tended to achieve its declared purposes, the commission may recommend to the secretary that the operation of this chapter be suspended. However, any suspension shall not become effective until the expiration of the current fishing season.(b) The secretary shall, upon receipt of the recommendation, or may, after a public hearing to review a petition filed with him or her requesting a suspension signed by 20 percent of the divers and handlers who landed or handled not less than 20 percent of the total quantity of sea urchin in the immediately preceding fishing season, hold a referendum among the divers and handlers to determine if the operations of the commission shall be suspended. However, the secretary shall not hold a referendum as a result of the petition unless the petitioner shows by the weight of evidence that this chapter has not tended to achieve its declared purposes.(c) The secretary shall establish a referendum period, which shall not be less than 10 days or more than 60 days in duration. The secretary may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. If at least 40 percent of the total number of divers and handlers from the list established by the secretary participate in the referendum, the secretary shall suspend the operation of this chapter if he or she finds either one of the following has occurred:(1) Sixty-five percent or more of the divers and handlers who voted in the referendum voted in favor of suspension, and the divers and handlers so voting sold or handled a majority of the total quantity of sea urchin in the preceding fishing season by all of the divers and handlers who voted in the referendum.(2) A majority of the divers and handlers who voted in the referendum voted in favor of suspension, and the divers and handlers so voting landed or handled 65 percent or more of the total quantity of sea urchin in the preceding fishing season by all of the divers and handlers who voted in the referendum.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79144 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 7 - Continuation or Suspension and Termination|Section 79144.

79144.  After the effective date of suspension of this chapter, the operation of the commission shall be concluded and all moneys held by the commission not required to defray the expenses of concluding and terminating operations of the commission shall be returned on a pro rata basis to all persons from whom assessments were collected in the immediately preceding fishing season. However, if the commission finds that the amounts returnable are so small as to make impractical the computation and remitting of the prorated refund to these persons, any funds remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into an appropriate state or federal program conducted or used to fund activities related to the subject matter of this chapter.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
CA Food & Agri Code § 79145 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS|PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS|CHAPTER 25 - Sea Urchins|ARTICLE 7 - Continuation or Suspension and Termination|Section 79145.

79145.  Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all eligible persons affected by the suspension whose names and addresses are on file.(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)