reglab/housing_qa huggingface dataset:
CA Food & Agri Code § 54264 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 1 - Nonprofit Cooperative Associations|ARTICLE 10 - Marketing Contracts|Section 54264.

54264.  The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by him of any provision of the marketing contract regarding the sale or delivery or withholding of any product and may provide that the member will pay all costs, premiums for bonds, expenses, and fees, if any action is brought upon the contract by the association. Such provisions are valid and enforceable in the courts of this state. The clauses which provide for liquidated damages are enforceable as such and shall not be regarded as penalties.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 54265 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 1 - Nonprofit Cooperative Associations|ARTICLE 10 - Marketing Contracts|Section 54265.

54265.  If there is a breach or threatened breach of such marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance of the contract. Pending the adjudication of such an action and upon filing a verified complaint which shows the breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 54266 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 1 - Nonprofit Cooperative Associations|ARTICLE 10 - Marketing Contracts|Section 54266.

54266.  In any action upon such marketing agreements, it shall be conclusively presumed that a landowner or landlord or lessor is able to control the delivery of any product which is produced on his land by tenants or others, whose tenancy or possession or work on such land, or the terms of whose tenancy or possession or labor on such land, were created or changed after execution by the landowner, landlord, or lessor of such a marketing agreement. In such actions, the remedies for nondelivery or breach which are provided by this article shall lie and be enforceable against such landowner, landlord, or lessor.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 54291 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 1 - Nonprofit Cooperative Associations|ARTICLE 11 - Reorganization of Corporations Organized Pursuant to Other Laws|Section 54291.

54291.  A corporation that is organized or existing pursuant to any law, except Part 12 (commencing with Section 14550) of Division 3 of Title 1 of the Corporations Code, may be brought under the provisions of this chapter by amending its articles of incorporation, in the manner that is prescribed by the general corporation laws, to conform to this chapter. If a corporation amends its articles of incorporation to conform to this chapter, it shall be deemed to be organized and existing pursuant to, entitled to the benefit of, and subject to, this chapter for all purposes and as fully as though it had been originally organized pursuant to this chapter.(Amended by Stats. 2018, Ch. 92, Sec. 78. (SB 1289) Effective January 1, 2019.)
CA Food & Agri Code § 54292 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 1 - Nonprofit Cooperative Associations|ARTICLE 11 - Reorganization of Corporations Organized Pursuant to Other Laws|Section 54292.

54292.  Articles of incorporation shall be deemed to conform to this chapter within the meaning of Section 54291 in both of the following cases:(a) It is provided or declared in the articles of incorporation, in substance, regardless of form, that the corporation is organized and exists as a nonprofit cooperative corporation for the purposes which are provided for in, or permitted by, this chapter, or one or more of such purposes.(b) It clearly appears from the articles of incorporation that the corporation desires to be subject to, and to be organized, exist, and function pursuant to this chapter.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 54293 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 1 - Nonprofit Cooperative Associations|ARTICLE 11 - Reorganization of Corporations Organized Pursuant to Other Laws|Section 54293.

54293.  If the amended articles conform, as provided in Section 54292, provisions in the articles of incorporation that appeared in the original articles or some previous amended articles, are ineffective if, and to the extent that, they are inapplicable to, or inconsistent with, this chapter.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 54294 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 1 - Nonprofit Cooperative Associations|ARTICLE 11 - Reorganization of Corporations Organized Pursuant to Other Laws|Section 54294.

54294.  This article applies retrospectively as well as prospectively, and may be availed of by a corporation regardless of the time of incorporation, whether prior or subsequent to the adoption of this article, and shall apply to amendments to articles of incorporation whether made prior or subsequent to the adoption of this article, and all amendments made prior to the adoption of this article shall be effective and valid to the same extent as though made subsequent to the adoption of this article.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 54401 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 1 - Definitions and General Provisions|Section 54401.

54401.  As used in this chapter, “cooperative bargaining association” means a farmer association which is organized and functioning pursuant to Chapter 1 (commencing with Section 54001) of this division, for the purpose of group bargaining between its producer members and the first handler or processor, with respect to the sale of any agricultural commodity except milk, cotton, or cottonseed.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 54402 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 1 - Definitions and General Provisions|Section 54402.

54402.  It is the public policy of the state to establish and support the right of any farmer to join voluntarily, belong to and freely participate in cooperative bargaining associations. Interference with producer rights set forth in this chapter, including the obligation of processors to negotiate and bargain with cooperative bargaining associations, is an unfair trade practice.(Amended by Stats. 1983, Ch. 1100, Sec. 1.)
CA Food & Agri Code § 54404 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 1 - Definitions and General Provisions|Section 54404.

54404.  For the purpose of enforcing this chapter, the director may receive complaints from producers against any processor, handler, distributor, or any agent of these persons, or from processors, handlers, distributors, or any agent of these persons against a cooperative bargaining association or any agent of an association, with respect to violations of the unfair trade practices which are specified in Section 54431.Upon verification of the complaint, the director shall, or upon the director’s own motion may, make any and all necessary investigations, examinations, or inspections of any transaction which involves a suspected violation of any provision of this chapter.The director may thereafter take action against the processor, handler, distributor, or any agent of these persons, or the cooperative bargaining association or any agent of an association, in accordance with applicable provisions of this chapter.(Amended by Stats. 1983, Ch. 1100, Sec. 3.)
CA Food & Agri Code § 54404.1 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 1 - Definitions and General Provisions|Section 54404.1.

54404.1.  If, upon the investigation conducted under Section 54404, the director has reasonable cause to believe that the person charged has violated Section 54431, the director shall issue and cause to be served upon the person so charged a complaint stating the charges. The complaint shall summon the named person to a hearing before the director, which he or she shall call at a specific time and place.(Added by Stats. 1983, Ch. 1100, Sec. 4.)
CA Food & Agri Code § 54404.2 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 1 - Definitions and General Provisions|Section 54404.2.

54404.2.  At the hearing called pursuant to Section 54404.1, the director may do all the following:(a) Administer oaths and take testimony.(b) Issue subpoenas requiring the attendance of witnesses before him or her, together with any books, memoranda, papers, and other documents, articles, or instruments that may be pertinent to the controversy as set forth in the complaint. (c) Compel the disclosure by the witnesses of all facts known to them that relate to the controversy.(Added by Stats. 1983, Ch. 1100, Sec. 5.)
CA Food & Agri Code § 54404.3 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 1 - Definitions and General Provisions|Section 54404.3.

54404.3.  The procedure for holding the hearing pursuant to Section 54404.2 is identical to hearings held pursuant to Article 13 (commencing with Section 55781) of Chapter 6.(Added by Stats. 1983, Ch. 1100, Sec. 6.)
CA Food & Agri Code § 54404.4 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 1 - Definitions and General Provisions|Section 54404.4.

54404.4.  At the conclusion of the hearing called pursuant to Section 54404.1, the director shall enter in his or her office in Sacramento an order which dismisses the complaint, unless the director is satisfied that the person against whom the complaint was filed has violated Section 54431.(Added by Stats. 1983, Ch. 1100, Sec. 7.)
CA Food & Agri Code § 54404.5 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 1 - Definitions and General Provisions|Section 54404.5.

54404.5.  (a) Notwithstanding Section 54404.1, if the director receives a verified complaint that a processor, handler, distributor, or any agent of any such person or a cooperative bargaining association or any agent of an association has violated subdivision (e) of Section 54431, the director shall conduct a hearing within 14 days of receiving the complaint. The director shall issue a notice of the hearing not less than five days prior to the commencement of the hearing. The director may, but is not required to, make any investigation in addition to the hearing. The director shall announce his or her decision on the complaint within five days after the conclusion of the hearing and may take any action that is authorized by this section.(b)  If the director determines that the person against whom the complaint was filed has violated subdivision (e) of Section 54431, the director may issue an order fashioned in a manner so as to expeditiously require that person to comply with the requirements of this chapter. If the person thereafter disobeys the order, the director, represented by the Attorney General, shall apply to the Superior Court of the County of Sacramento in order to obtain a court order requiring the person to obey the order of the director. The action shall be handled in an expeditious manner by the court and given calendar preference.(c) The costs of the hearing held pursuant to subdivision (a) shall be assessed by the director and paid for by the party filing the complaint if the hearing results in a finding that no violation occurred. The costs of the hearing shall be paid for by the party against whom the complaint was filed if the hearing results in a finding that a violation had occurred.(d) The hearing held pursuant to subdivision (a) shall be held in as expeditious a manner as possible under Sections 54404.2 and 54404.3. The hearing officer shall use his or her best efforts to ensure that the hearing will be conducted as quickly as possible consistent with the requirements of due process and this chapter.(e) The record from the hearing held pursuant to subdivision (a) may be introduced by either party to that hearing at a hearing held pursuant to Section 54404. 1.(Added by Stats. 1983, Ch. 1100, Sec. 8.)
CA Food & Agri Code § 54405 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 1 - Definitions and General Provisions|Section 54405.

54405.  The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter in the superior court of the county in which such violation occurred or is about to occur. Actions against different defendants may be consolidated, in the discretion of the court, if the alleged violations are of the same provision, have occurred in the same or an adjoining county, relate to the same agricultural commodity, occurred in the same production season, and such consolidation can be done without prejudice to a substantial right of any defendant. Any proceedings which are brought pursuant to this section shall be governed in all other respects by Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 54432 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 2 - Unfair Trade Practices|Section 54432.

54432.  The provisions of subdivision (e) of Section 54431 only apply to any processor, handler, distributor, or agent of any such person, who refuses to negotiate or bargain, as specified by such provisions, with a cooperative bargaining association which represents producers with whom such a processor, handler, distributor, or agent of any such person, has had a prior course of dealing.For purposes of this section, “prior course of dealing” means that the processor, handler, distributor, or agent of any such person has purchased in any two of the immediate preceding five years a commodity from a producer which a cooperative bargaining association represents. However, a processor, handler, distributor, or agent of any such person is subject to subdivision (e) of Section 54431 if that person has newly gone into business in California by locating in this state from another state or country, by being created from other business entities which had a prior course of dealing with a bargaining association, or by being newly created and utilizing substantially the same processing facilities as a prior processor which itself was subject to subdivision (e) of Section 54431.(Amended by Stats. 1982, Ch. 1583, Sec. 6.)
CA Food & Agri Code § 54434 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 2 - Unfair Trade Practices|Section 54434.

54434.  The provisions of subdivision (e) of Section 54431 shall not apply to cooperative associations in respect to business done with its own membership.(Added by Stats. 1974, Ch. 510.)
CA Food & Agri Code § 54435 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 2 - Unfair Trade Practices|Section 54435.

54435.  Nothing in subdivision (e) or (f) of Section 54431 requires any processor, handler, distributor, or agent of any such person, to negotiate over any specific period of time, or to agree upon price, terms of sale, compensation for commodities produced under contract, and other contract provisions relative to any commodity which any cooperative bargaining association represents. However, nothing in this section relieves the parties from the requirement to negotiate and bargain pursuant to subdivision (e) or (f) of Section 54431 or to comply with the procedures prescribed in Article 3.5 (commencing with Section 54451) if applicable.(Amended by Stats. 1989, Ch. 510, Sec. 2.)
CA Food & Agri Code § 54442 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 3 - Annual Report|Section 54442.

54442.  (a) To aid in preparation of the report required under this chapter, the secretary shall establish an advisory committee consisting of the following persons:(1) Six representatives of cooperative bargaining associations from names submitted by cooperative bargaining associations, two of whom shall be appointed by the Governor, two of whom shall be appointed by the Speaker of the Assembly, and two of whom shall be appointed by the Senate Committee on Rules.(2) Six representatives of processors from names submitted by processors, two of whom shall be appointed by the Governor, two of whom shall be appointed by the Speaker of the Assembly, and two of whom shall be appointed by the Senate Committee on Rules.(b) The members of the advisory committee shall be reimbursed for travel expenses pursuant to the rules and regulations adopted by the Director of Human Resources pursuant to Section 19820 of the Government Code for attendance at a meeting approved by the Secretary of Food and Agriculture.(Amended by Stats. 2012, Ch. 665, Sec. 27. (SB 1308) Effective January 1, 2013.)
CA Food & Agri Code § 54443 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 3 - Annual Report|Section 54443.

54443.  The advisory committee shall study and report on all of the following issues:(a) Unfair trade practices.(b) Licensing.(c) Funding.(d) Investigation and hearing procedures.(e) The need for a mechanism to resolve bargaining disputes.(f) Any other issues relating to this chapter.(g) Any recommended changes to this chapter.(Added by Stats. 2005, Ch. 613, Sec. 2. Effective January 1, 2006.)
CA Food & Agri Code § 54444 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 3 - Annual Report|Section 54444.

54444.  The advisory committee shall meet not less than once annually.(Added by Stats. 2005, Ch. 613, Sec. 2. Effective January 1, 2006.)
CA Food & Agri Code § 54445 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 3 - Annual Report|Section 54445.

54445.  The advisory committee shall prepare and transmit a report to the secretary at a time fixed by the secretary so as to meet his or her obligation under this article.(Added by Stats. 2005, Ch. 613, Sec. 2. Effective January 1, 2006.)
CA Food & Agri Code § 54447 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 3 - Annual Report|Section 54447.

54447.  This article shall be construed as a continuation of former Article 3 of Chapter 2 of Division 20.(Added by Stats. 2005, Ch. 613, Sec. 2. Effective January 1, 2006.)
CA Food & Agri Code § 54451 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 3.5 - Conciliation|Section 54451.

54451.  The department shall order conciliation between any cooperative bargaining association and any processor subject to this chapter if it determines, after receiving a request under the procedure specified in Section 54452, that conciliation will materially assist the parties in negotiating an agreement. Either party may request at any time that conciliation be ordered.(Added by Stats. 1989, Ch. 510, Sec. 5.)
CA Food & Agri Code § 54451.5 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 2 - Cooperative Bargaining Associations|ARTICLE 3.5 - Conciliation|Section 54451.5.

54451.5.  A conciliation service shall be appointed by the department if the parties cannot agree on a conciliator.(Amended by Stats. 2005, Ch. 77, Sec. 12. Effective January 1, 2006.)