reglab/statecodes huggingface dataset:
2023 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 12.5 - California Wine Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 74628.

74628. Subsequent to the first election of commissioners under this chapter, persons to be elected to the commission shall be selected pursuant to the nomination and election procedures established by the commission with the concurrence of the director.
(Added by Stats. 1986, Ch. 1287, Sec. 3.)
2023 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 12.5 - California Wine Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 74629.

74629. (a) Prior to the implementation referendum conducted by the director, the proponents of the commission shall deposit with the director the amount that the director deems necessary to defray the expenses in creating the commission, including, but not limited to, preparing the necessary vintner list and conducting the referendum.
(b) Any funds remaining after paying expenses shall be returned to the proponents of the commission who deposited the funds with the director.
(c) The commission may reimburse the proponents of the commission for any funds deposited with the director which were used in carrying out this article and for any legal expenses and costs incurred in establishing the commission.
(Added by Stats. 1986, Ch. 1287, Sec. 3.)
2023 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 12.5 - California Wine Commission › ARTICLE 6 - Assessments and Records › Section 74651.

74651. (a) Prior to the beginning of each marketing season or as soon thereafter as possible, the commission shall establish an assessment rate for the marketing season.
(b) Unless approved by a two-thirds vote of the commission, the assessment rate shall not exceed 1 percent of the gross dollar value of winegrapes processed by vintners.
(Amended by Stats. 1987, Ch. 8, Sec. 4. Effective March 27, 1987.)
2023 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 12.5 - California Wine Commission › ARTICLE 6 - Assessments and Records › Section 74651.5.

74651.5. Prior to the beginning of each marketing season, the commission may establish a voluntary minimum assessment rate applicable to vintners who process winegrapes in the marketing season in a quantity of 100 tons or less and who are exempt from paying the assessment established pursuant to Section 74651. Notwithstanding any other provisions of this chapter, any vintner who voluntarily pays the minimum assessment shall be granted the same rights and privileges as vintners processing over 100 tons in that marketing season.
(Added by Stats. 1989, Ch. 854, Sec. 1.)
2023 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 12.5 - California Wine Commission › ARTICLE 6 - Assessments and Records › Section 74652.

74652. Any vintner who is also a producer who processes winegrapes shall pay the assessment on the winegrapes. The “weighted average producer returns per ton” by district as published in the most recent Final Grape Crush Report issued annually for the current marketing season by the department shall be used as the basis for determining product gross dollar value and the assessment on the winegrapes where no sale is involved.
(Amended by Stats. 1987, Ch. 8, Sec. 5. Effective March 27, 1987.)
2023 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 12.5 - California Wine Commission › ARTICLE 6 - Assessments and Records › Section 74652.5.

74652.5. Unless otherwise exempted by this chapter, the assessment provided for in this article shall be levied on vintners and vintners who are also producers who engage in the act of processing winegrapes into must for the purpose of making grape juice, grape concentrate, wine, or products thereof, including high proof or brandy or processing field crushed must for the purpose of making grape juice, grape concentrate, wine, or products thereof, including high proof or brandy.
(Added by Stats. 1987, Ch. 8, Sec. 6. Effective March 27, 1987.)
2023 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 12.5 - California Wine Commission › ARTICLE 6 - Assessments and Records › Section 74653.

74653. This chapter does not apply to winegrapes processed only for a vintner’s home use. However, any vintner claiming this exemption shall file an affidavit with the commission establishing the manner in which the winegrapes are used. The commission shall then determine whether the exemption applies.
(Added by Stats. 1986, Ch. 1287, Sec. 3.)
2023 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 12.5 - California Wine Commission › ARTICLE 6 - Assessments and Records › Section 74654.

74654. Every vintner shall keep a complete and accurate record of all winegrapes processed. The records shall be in simple form and contain information as the commission shall prescribe. The records shall be preserved by the vintner for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent.
(Added by Stats. 1986, Ch. 1287, Sec. 3.)
2023 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 12.5 - California Wine Commission › ARTICLE 6 - Assessments and Records › Section 74655.

74655. All proprietary information obtained by the commission or the director from producers or vintners, and all lists of vintners in the possession of the commission or the director are confidential and shall not be disclosed except when required in a judicial proceeding. Information on volume shipments, commodity value, and other related information which is required for reports to governmental agencies; financial reports made to the commission or aggregate sales and inventory information; and any other information which is requested from the commission, may be disclosed by the commission. In no event may individual producer or vintner information be disclosed by the commission.
(Added by Stats. 1986, Ch. 1287, Sec. 3.)
2023 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 12.5 - California Wine Commission › ARTICLE 6 - Assessments and Records › Section 74656.

74656. Any assessment levied by the commission, pursuant to this chapter, is a personal debt of every person so assessed and is due and payable in a time and manner prescribed by the commission.
(Added by Stats. 1986, Ch. 1287, Sec. 3.)
2023 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 12.5 - California Wine Commission › ARTICLE 6 - Assessments and Records › Section 74657.

74657. Any person who fails to file a return, or remit or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due and, in addition, 1
1
/
2
percent interest per month on the unpaid balance.
(Added by Stats. 1986, Ch. 1287, Sec. 3.)
2023 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 12.5 - California Wine Commission › ARTICLE 6 - Assessments and Records › Section 74658.

74658. (a) Any vintner who processes winegrapes into must, grape juice, or grape concentrate for the manufacture of nonalcoholic beverages other than nonalcoholic wine may apply to the commission for either an exemption from the assessment due pursuant to this chapter or for a refund of the assessment on that portion of his or her production used in the manufacture of nonalcoholic beverages other than nonalcoholic wine.
(b) In order to be eligible for the exemption or refund, the vintner shall file an affidavit with the commission attesting that the must, grape juice, or grape concentrate was, in fact, used for the manufacture of nonalcoholic beverages other than nonalcoholic wine. The commission shall render a determination on the claim. All approved claims shall be subject to verification through an independent audit of the claimant’s business records by the commission or its duly authorized agent.
(Added by Stats. 1987, Ch. 147, Sec. 1. Effective July 9, 1987.)
2023 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 12.5 - California Wine Commission › ARTICLE 6 - Assessments and Records › Section 74659.

74659. Any vintner receiving an exemption or refund pursuant to Section 74658, shall, in addition to the requirements of Section 74654, maintain sales invoices and any other business documents specified by the commission as necessary to verify the claim. The records shall be preserved by the vintner for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent.
(Added by Stats. 1987, Ch. 147, Sec. 2. Effective July 9, 1987.)
2023 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 12.5 - California Wine Commission › ARTICLE 6 - Assessments and Records › Section 74660.

74660. No refund pursuant to Section 74658 shall be approved by the commission after two years from the date the assessment was due. Failure to file a claim within the time prescribed in this section constitutes a waiver of all demands for a refund against the commission.
(Added by Stats. 1987, Ch. 147, Sec. 3. Effective July 9, 1987.)
2023 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 12.5 - California Wine Commission › ARTICLE 6 - Assessments and Records › Section 74661.

74661. Within 30 days, after disallowing any claim in whole or in part, the commission shall serve written notice of its action on the claimant.
(Added by Stats. 1987, Ch. 147, Sec. 4. Effective July 9, 1987.)
2023 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 12.5 - California Wine Commission › ARTICLE 7 - Actions and Penalties › Section 74671.

74671. It is unlawful for any person to do any of the following:
(a) Willfully render or furnish a false report, statement, or record required by the commission.
(b) When engaged in the marketing, processing, or other related activity of wine or wine-related products, to fail or refuse to furnish the commission or its duly authorized agents information concerning the name and address of the persons from whom winegrapes have been received.
(c) Secrete, destroy, or alter records required to be maintained under this chapter.
(Added by Stats. 1986, Ch. 1287, Sec. 3.)
2023 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 12.5 - California Wine Commission › ARTICLE 7 - Actions and Penalties › Section 74672.

74672. The commission shall establish procedures for the purpose of according individuals aggrieved by its acts or determinations an informal hearing. Appeals from decisions of the commission may be made to the director. The determination of the director shall be subject to judicial review upon petition filed with the appropriate superior court. Pending disposition of any appeal and judicial review, the parties shall abide by the acts or determinations of the commission.
(Added by Stats. 1986, Ch. 1287, Sec. 3.)
2023 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 12.5 - California Wine Commission › ARTICLE 7 - Actions and Penalties › Section 74673.

74673. (a) The commission may commence civil action and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and the obtaining of injunctive relief or specific performance regarding this chapter and the rules and regulations adopted pursuant to this chapter.
(b) 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 commodity subject to this chapter until there is full compliance and satisfaction of the judgment. Upon a favorable verdict for the commission, it shall be entitled to receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue 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. 1986, Ch. 1287, Sec. 3.)
2023 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 12.5 - California Wine Commission › ARTICLE 7 - Actions and Penalties › Section 74674.

74674. Suspension or termination of this chapter in accordance with Article 8 (commencing with Section 74691) shall not result in any of the following:
(a) Affecting, waiving, or termination of any right, duty, obligation, or liability which may have arisen or may thereafter arise in connection with this chapter.
(b) Releasing, condoning, or dismissal of any violation of this chapter.
(Added by Stats. 1986, Ch. 1287, Sec. 3.)
2023 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 12.5 - California Wine Commission › ARTICLE 8 - Continuation or Suspension and Termination › Section 74691.

74691. (a) On or before June 30, 1990, the commission shall cause a referendum to be conducted among vintners in the manner specified in Section 74622 to determine whether this chapter shall be reapproved and continued in effect. In determining whether this chapter is reapproved, the director shall find that at least 40 percent of the total number of vintners from the list established by the director participated in the referendum, and that either one of the following has occurred:
(1) Sixty-five percent or more of the vintners who voted in the referendum voted in favor of this chapter, and the vintners so voting processed a majority of the volume of winegrapes in the preceding marketing season by all the vintners who voted in the referendum.
(2) A majority of the vintners who voted in the referendum voted in favor of this chapter, and the vintners so voting processed 65 percent or more of the volume of the winegrapes in the preceding marketing season by all the vintners who voted in the referendum.
(b) If the director finds that a favorable vote has been given to continue the commission, he or she shall so certify and this chapter or the appropriate portions thereof shall remain in effect. If the director finds that a favorable vote has not been given, he or she shall so certify and declare the operations of this chapter suspended upon expiration of the marketing season. No bond or security shall be required for any such referendum.
(Amended by Stats. 1989, Ch. 854, Sec. 1.2.)
2023 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 12.5 - California Wine Commission › ARTICLE 8 - Continuation or Suspension and Termination › Section 74692.

74692. Following a favorable referendum conducted prior to June 30, 1990, a referendum shall be conducted by the commission every fifth year thereafter unless a referendum is conducted as a result of a petition pursuant to this article. In that case, the referendum shall be every fifth year following the industry petitioned referendum following procedures provided in this article.
(Added by Stats. 1986, Ch. 1287, Sec. 3.)
2023 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 12.5 - California Wine Commission › ARTICLE 8 - Continuation or Suspension and Termination › Section 74693.

74693. (a) Upon a finding by a two-thirds vote of the commission that this chapter has not tended to effectuate its declared purposes, the commission may recommend to the director that this chapter be suspended.
(b) Alternatively, the director may be petitioned to suspend this chapter. The petition shall be signed by 20 percent of the vintners by number who processed not less than 20 percent of the volume of winegrapes in the immediately preceding marketing season. The director shall hold a hearing on the petition after receiving it.
(c) The director shall, upon receipt of the recommendation to suspend this chapter from the commission, or may, after holding the hearing on the petition to suspend this chapter, hold a referendum among the vintners to determine if the commission shall be suspended. However, the director shall not hold a referendum as a result of the petition unless the petitioner shows by the weight of evidence that this chapter has not tended to effectuate its declared purposes.
(d) The director shall establish a referendum period, which shall not be less than 10 days nor more than 60 days in duration. The director may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the referendum period, the director shall tabulate the ballots filed during the period. If at least 40 percent of the total number of vintners from the list established by the director participate in the referendum, the director shall suspend this chapter if he or she finds either of the following has occurred:
(1) Sixty-five percent or more of the vintners who voted in the referendum, voted in favor of suspension; and the vintners so voting processed a majority of the total quantity of winegrapes processed in the preceding marketing season by all of the vintners who participated in the referendum.
(2) A majority of the vintners who voted in the referendum voted in favor of suspension; and the vintners so voting processed 65 percent or more of the total quantity of winegrapes processed in the preceding marketing season by all of the vintners who voted in the referendum.
(Amended by Stats. 1987, Ch. 8, Sec. 7. Effective March 27, 1987.)
2023 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 12.5 - California Wine Commission › ARTICLE 8 - Continuation or Suspension and Termination › Section 74694.

74694. (a) The director shall terminate the commission at the end of the current marketing season if the director finds that termination is requested in writing, within a 90-day period, by at least 51 percent of the eligible vintners that are directly affected that process at least 51 percent of the volume of the product.
(b) The person or persons originating the request shall file a written notice with the director in a manner that establishes the date the request is initiated. Any person may withdraw his or her name from the petition requesting the termination prior to the time the request is presented to the director.
(c) The signatures to the petition requesting termination need not all be appended to one sheet of paper. Each person signing the petition shall add his or her signature and business address. If no business address is given, a designation of the place of business shall be given which will enable the location to be readily ascertained.
(d) The petition shall bear a copy of the notice of intention. Signatures shall be secured within the time limit specified in this section.
(Amended by Stats. 1987, Ch. 8, Sec. 8. Effective March 27, 1987.)
2023 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 12.5 - California Wine Commission › ARTICLE 8 - Continuation or Suspension and Termination › Section 74695.

74695. After the effective date of suspension of this chapter, the operations of the commission shall be concluded and any and all funds remaining held by the commission and not required to defray the expenses of concluding and terminating 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 so returnable are so small as to make impractical the computation and remitting of the pro rata refund to these persons, any funds shall be paid into an appropriate program conducted by the University of California or the California State University, another state agency, or a federal agency which deals with the purposes of this chapter. If no program exists, the funds shall be paid into the State Treasury as unclaimed trust funds.
(Added by Stats. 1986, Ch. 1287, Sec. 3.)
2023 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 12.5 - California Wine Commission › ARTICLE 8 - Continuation or Suspension and Termination › Section 74696.

74696. Upon suspension of this chapter, the commission shall mail a copy of the notice of suspension to all vintners affected by the suspension whose names and addresses are on file.
(Added by Stats. 1986, Ch. 1287, Sec. 3.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 1 - Declaration and General Provisions › Section 74701.

74701. The production of grape rootstock constitutes an important industry of this state that not only provides substantial and necessary revenues for the state and employment for its citizens, but also furnishes essential food vital to the public health and welfare.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 1 - Declaration and General Provisions › Section 74702.

74702. The maintenance of the grape rootstock industry of California is necessary to assure the consuming public of a continuous supply of good fruit for the table, raisins, and wine grapes, and establishes consistent and needed levels of income for those engaged in the industry.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 1 - Declaration and General Provisions › Section 74702.5.

74702.5. The successes that the grape rootstock industry has enjoyed have come in part through a commitment to industry funded research, which has led to significant improvements in the quality and variety of the grapes and grape products available to consumers. The establishment of the commission is intended to enhance this research effort and move the grape rootstock industry toward its potential, resulting in increased consumer value and enhanced grower returns.
(Added by Stats. 1995, Ch. 727, Sec. 49.3. Effective January 1, 1996.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 1 - Declaration and General Provisions › Section 74703.

74703. The production and marketing of grape rootstock produced in this state is hereby declared to be affected with a public interest. This chapter is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 1 - Declaration and General Provisions › Section 74704.

74704. No action taken by the commission, or by any individual commission board member in accordance with this chapter or with regulations adopted under this chapter, is a violation of the so-called 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 that Part 2), or any statutory or common law against monopolies or combinations in restraint of trade.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 1 - Declaration and General Provisions › Section 74705.

74705. 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. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 1 - Declaration and General Provisions › Section 74706.

74706. It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of the particular agricultural industry concerned and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are elected or appointed to the commission, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 1 - Declaration and General Provisions › Section 74707.

74707. A commission form of administration created by this chapter is designed to provide those engaged in the production and marketing of grape rootstock the opportunity to avail themselves of the benefits of collective action in the broad field of grape rootstock research necessary to achieve the purposes stated herein.
(Amended by Stats. 1995, Ch. 727, Sec. 49.5. Effective January 1, 1996.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74710.

74710. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74711.

74711. “Bearing acreage” means a planting grape rootstock three years or older from which cuttings can be taken.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74712.

74712. “Board member” means a nursery owner or representative of an owner elected pursuant to Section 74778.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74713.

74713. “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. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74714.

74714. “Commission” means the California Grape Rootstock Improvement Commission.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74715.

74715. “Ex officio member” means a nonvoting member of the commission.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74716.

74716. “Grafted” means the art of joining parts of plants together in such a manner as they will unite and continue their growth as one plant.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74717.

74717. “Grafted grape rootstock” means a rootstock that has been grafted with a fruiting grape variety.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74718.

74718. “Grape rootstock” means the rootstock portion of grapevines grown in California as a single species or hybrid combination in the family Vitaceae.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74719.

74719. “Grape rootstock nursery” or “nursery” means any person in this state which operates under a California state nursery license and grows grape rootstock for commercial use or distribution.
(Amended by Stats. 1997, Ch. 726, Sec. 14. Effective January 1, 1998.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74720.

74720. “Grape rootstock research” means any cultural and biological research relating to grape rootstock.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74721.

74721. “Invoicable unit” means any rootstock cutting, or rooted rootstock cutting, or grafted grape rootstock that is used or distributed by a nursery for commercial purposes.
(Amended by Stats. 1997, Ch. 726, Sec. 14.5. Effective January 1, 1998.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74721.5.

74721.5. “Distribute” means to sell or otherwise transfer any rootstock cutting, rooted rootstock cutting, or grafted grape rootstock for commercial purposes.
(Added by Stats. 1997, Ch. 726, Sec. 15. Effective January 1, 1998.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74722.

74722. “Marketing year” or “fiscal year” means the period beginning April 1 of any year and extending through the last day of March of the next year.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74723.

74723. “Marketing year 1992–93” means the period commencing August 1, 1992, to March 31, 1993, inclusive.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74723.5.

74723.5. “Person” means an individual, partnership, limited liability company, corporation, firm, company, or other entity doing business in California.
(Added by Stats. 1995, Ch. 727, Sec. 50.1. Effective January 1, 1996.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74724.

74724. “Rooted rootstock cutting” means a rootstock cutting with roots destined to become a grafted unit.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74725.

74725. “Rootstock” means the part of the graft combination which is to become the root system.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 2 - Definitions › Section 74726.

74726. “Rootstock cutting” means a cutting of a rootstock variety that is at least 6 inches in length destined to become a grafted unit.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 3 - The California Grape Rootstock Improvement Commission › Section 74730.

74730. (a) There is in state government the California Grape Rootstock Improvement Commission. The commission shall be composed of nine grape rootstock nursery owners or representatives who shall be called members.
(b) The director and other appropriate individuals, as determined by the commission, shall be ex officio members of the commission.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 3 - The California Grape Rootstock Improvement Commission › Section 74731.

74731. (a) The director may require the commission to correct or cease any activity or function which is determined by the director not to be in the public interest or which is in violation of this chapter.
(b) If the commission refuses or fails to cease these activities or functions or to make corrections required by the director, the director may, upon written notice, suspend all or a portion of the activities or functions of the commission until the time that the cessation or correction of the activities or functions, as required by the director, has been accomplished by the commission.
(c) Any action of the commission in violation of the written notice is without legal force or effect. The director, 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 which are the subject of the written notice.
(d) At the same time the written notice is provided to the commission, the director shall notify the commission in writing of the specific acts that the director determines are not in the public interest or are in violation of this chapter, the director’s reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and the director’s recommendations with respect to any action that will make the activities or functions acceptable.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 3 - The California Grape Rootstock Improvement Commission › Section 74732.

74732. The commission or the director may bring an action for judicial relief from the director’s written notice, or from noncompliance by the commission with the written notice, as the case may be, in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or other appropriate relief.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 3 - The California Grape Rootstock Improvement Commission › Section 74733.

74733. When the director is required to concur in a decision of the commission, the director shall concur, refuse to concur, or request additional information from the commission within 15 working days from the date the director receives notification of the decision.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 3 - The California Grape Rootstock Improvement Commission › Section 74734.

74734. The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities pursuant to this chapter. However, a court may, if it finds that the director acted arbitrarily or capriciously in restricting the activities or functions of the commission, relieve the commission of the responsibility for payment of the director’s legal costs with regard to that action.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 3 - The California Grape Rootstock Improvement Commission › Section 74734.5.

74734.5. (a) The director shall operate in the most efficient, cost-effective manner possible in carrying out his or her duties and responsibilities pursuant to this chapter.
(1) The director shall notify the commission of oversight activities and costs that will result in expenses reimbursable by the commission.
(2) The commission shall inform the director which of these activities it will engage in that require oversight and reimbursement of expenses.
(b) The director is not required to provide notification to the commission pursuant to paragraph (1) of subdivision (a) if the director determines that omission of notification is necessary to protect the confidentiality of the parties with respect to any investigation into the activities of the employees of the commission or the actions of the commission.
(Amended by Stats. 1993, Ch. 589, Sec. 67. Effective January 1, 1994.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 3 - The California Grape Rootstock Improvement Commission › Section 74735.

74735. Each board member, except ex officio members, shall have an alternate board member selected by the board member. An alternate member shall, in the absence of the member for whom he or she is an alternate, serve in place of the board member and shall have and be able to exercise all of the rights, privileges, and powers of the member when serving on the commission. If the status of a member changes, thereby making a board member ineligible to serve, or in the event of death, removal, resignation, or disqualification of a member, the alternate member shall act as a board member until a qualified successor is elected or appointed. The commission may not have more than one board member and one alternate from one grape rootstock nursery.
(Added by Stats. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 3 - The California Grape Rootstock Improvement Commission › Section 74736.

74736. (a) Any vacancy on the commission occurring by the failure of a board member to continue in his or her position due to a change in his or her status, thereby making the individual ineligible to serve, or due to death, removal, resignation, or disqualification, shall be filled with a qualified individual for the unexpired portion of the term by a majority vote of the remaining members of the commission.
(b) Any vacancy on the commission occurring by the failure of an alternate member to continue in his or her position due to a change in his or her status, thereby making the individual ineligible to serve, or due to death, removal, resignation, or disqualification, shall be filled with a qualified individual pursuant to Section 74735.
(Amended by Stats. 1995, Ch. 727, Sec. 50.2. Effective January 1, 1996.)
2023 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 12.6 - California Grape Rootstock Improvement Commission › ARTICLE 3 - The California Grape Rootstock Improvement Commission › Section 74737.

74737. Any board member and his or her alternate member on the commission shall be an owner of a grape rootstock nursery or representative of an owner who has a financial interest in producing, or causing to be produced, grape rootstock for commercial use or distribution. Qualifications of grape rootstock nursery board members and their alternate members shall be maintained during their entire term of office.
(Amended by Stats. 1997, Ch. 726, Sec. 16. Effective January 1, 1998.)