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 6 - California Kiwifruit Commission › ARTICLE 3 - The California Kiwifruit Commission › Section 68056.

68056. Any producer member or his alternate on the commission shall be an individual or an employee representing a producer who has a financial interest in producing, or causing to be produced, kiwifruit for market. The qualifications of a producer member and an alternate producer member shall be maintained during the entire term of office.
Any handler member or his alternate shall be an individual or an employee representing a handler who has a financial interest in handling kiwifruit for market. The qualifications of a handler member and an alternate handler member shall be maintained during the entire term of office.
The public member or his alternate on the commission, shall have all the powers, rights, and privileges of any other member on the commission. The public member shall not have any financial interest in the kiwifruit industry.
(Amended by Stats. 1981, Ch. 606, Sec. 14.)
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 6 - California Kiwifruit Commission › ARTICLE 3 - The California Kiwifruit Commission › Section 68057.

68057. The term of office of all commissioners, except any ex officio member, shall be for two years from the date of their election and until their successors are qualified; provided, however, that of the first members of the commission, one-half shall serve for one year, and one-half shall serve for two years, with the determination of term of each such member to be made by lot at the time of election. The same selection procedure shall apply to the two handler members. Terms of office of each commissioner shall be limited to four consecutive terms, except that any member selected to serve a one-year term may serve one additional two-year term.
(Amended by Stats. 1985, Ch. 1004, Sec. 9. Effective September 26, 1985.)
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 6 - California Kiwifruit Commission › ARTICLE 3 - The California Kiwifruit Commission › Section 68058.

68058. The commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be sued, to contract and be contracted with, and to have and possess all of the powers of a corporation. It may adopt a corporate seal. Copies of its proceedings, records, and acts, when authenticated, shall be admissible in evidence in all courts of the state, and shall be prima facie evidence of the truth of all statements therein.
(Added by Stats. 1979, Ch. 1027.)
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 6 - California Kiwifruit Commission › ARTICLE 3 - The California Kiwifruit Commission › Section 68061.

68061. A quorum of the commission shall be any seven voting commissioners. Except as provided in Sections 68030 and 68132, the vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the commission.
(Added by Stats. 1979, Ch. 1027.)
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 6 - California Kiwifruit Commission › ARTICLE 3 - The California Kiwifruit Commission › Section 68062.

68062. The secretary or the secretary’s representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission. However, the secretary shall not be entitled to attend an executive session of the commission called for the purpose of discussing potential or actual litigation against the department.
(Amended by Stats. 1995, Ch. 727, Sec. 8. 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 6 - California Kiwifruit Commission › ARTICLE 3 - The California Kiwifruit Commission › Section 68062.5.

68062.5. When the secretary is required to concur in a decision of the commission, the secretary shall indicate his or her response to the commission within 15 working days from notification of the decision. The response may be a request that additional information be provided.
(Amended by Stats. 1995, Ch. 727, Sec. 9. 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 6 - California Kiwifruit Commission › ARTICLE 3 - The California Kiwifruit Commission › Section 68063.

68063. No commissioner or member of a committee established by the commission who is a nonmember of the commission shall receive a salary. Each commissioner, except ex officio government members, and each member of a committee established by the commission who is a nonmember of the commission may receive a sum of not to exceed one hundred dollars ($100) per day, as established by the commission, for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or committees of the commission, or on special assignment for the commission, as approved by the commission, together with the necessary traveling expenses and meal allowances, as approved by the commission.
(Amended by Stats. 1981, Ch. 606, Sec. 15.)
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 6 - California Kiwifruit Commission › ARTICLE 3 - The California Kiwifruit Commission › Section 68064.

68064. All moneys received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited in such banks as the commission may designate and shall be disbursed by order of the commission through such agent or agents as it may designate for that purpose. Any such agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business as such in the State of California, in favor of the commission, in the penal sum of not less than twenty-five thousand dollars ($25,000).
(Added by Stats. 1979, Ch. 1027.)
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 6 - California Kiwifruit Commission › ARTICLE 3 - The California Kiwifruit Commission › Section 68065.

68065. The state shall not be liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the commission shall be limited to the funds collected by the commission. No member of the commission or alternate member, or any employee or agent thereof, shall be personally liable on the contracts of the commission nor shall a commissioner, alternate member, or employee of such commission be responsible individually in any way to any producer or handler or any other person for error in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, or employee, except for his own individual acts of dishonesty or crime. The commission accepts full responsibility to defend any member of the commission or alternate member, or an employee or agent thereof, against any such claim, except for individual acts of dishonesty or crime. No commissioner or alternate member shall be held responsible individually for any act or omission of any member of such commission. The liability of the commissioners shall be several and not joint, and no commissioner shall be liable for the default of any other commissioner.
(Amended by Stats. 1981, Ch. 606, Sec. 16.)
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 6 - California Kiwifruit Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 68082.

68082. (a) In order to prevent unfair trade practices, which are detrimental to California’s kiwifruit industry, including, but not limited to, deception and misinformation, the commission may collect and disseminate to any and all interested persons, handler f.o.b., market price information based on sales that have occurred.
(b) The identity of each handler reporting information and the information reported under this section shall be kept confidential and not made public under any circumstances. Information that gives industry totals, averages, and other similar data may be disclosed by the commission.
(c) The procedure for the collection and dissemination of the information pursuant to this section shall be approved by the secretary.
(Added by Stats. 2007, Ch. 124, Sec. 2. Effective January 1, 2008.)
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 6 - California Kiwifruit Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 68091.

68091. The secretary shall establish a list of producers eligible to vote on implementation of this chapter. In establishing this list, the secretary shall require that handlers, county agricultural commissioners, and kiwifruit producers in this state submit the names, mailing addresses, and district numbers of all kiwifruit producers who produce kiwifruit. The request for such information shall be in writing. The list shall be filed within 30 days following receipt of the written notice.
Any producer of kiwifruit whose name does not appear upon the secretary’s list of producers affected may have his or her name established on that list by filing with the secretary a signed statement, identifying himself or herself as a producer. Failure to be on the list does not exempt the producer from paying assessments under this chapter.
(Amended by Stats. 1995, Ch. 727, Sec. 11. 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 6 - California Kiwifruit Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 68092.

68092. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds, in a referendum conducted by the secretary, that at least 40 percent of the total number of producers from the list established by the secretary pursuant to Section 68091, participate, and either of the following:
(a) Sixty-five percent or more of the producers who voted in the referendum, and the producers so voting marketed a majority or more of the total quantity of kiwifruit in the preceding season by all of the producers who voted in the referendum, voted in favor of this chapter.
(b) A majority or more of the producers who voted in the referendum, and the producers so voting marketed 65 percent or more of the total quantity of kiwifruit in the preceding season by all of the producers who voted in the referendum, voted in favor of this chapter.
(Amended by Stats. 1995, Ch. 727, Sec. 12. 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 6 - California Kiwifruit Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 68093.

68093. The secretary shall establish a period in which to conduct the referendum, which shall not be less than 10 days or more than 60 days in duration, and may prescribe such additional procedure as may be necessary to conduct a referendum. If the initial period established is less than 60 days, the secretary may extend the period. However, the total referendum period may not exceed 60 days.
(Amended by Stats. 1995, Ch. 727, Sec. 13. 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 6 - California Kiwifruit Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 68094.

68094. Nonreceipt of a ballot shall not invalidate such a referendum.
(Added by Stats. 1979, Ch. 1027.)
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 6 - California Kiwifruit Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 68095.

68095. If the secretary finds that a favorable vote has been given as provided in Section 68092, the secretary shall certify and give notice of the favorable vote to all producers and handlers whose names and addresses may be on file with the secretary.
(Amended by Stats. 1995, Ch. 727, Sec. 14. 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 6 - California Kiwifruit Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 68096.

68096. If the secretary finds that a favorable vote has not been given as provided in Section 68092, the secretary shall so certify and declare all provisions of this chapter inoperative.
(Amended by Stats. 1995, Ch. 727, Sec. 15. 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 6 - California Kiwifruit Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 68097.

68097. Upon certification of the commission, the secretary shall call meetings of producers in each district for the purpose of nominating and electing persons for appointment to the commission by the secretary. All producers on the secretary’s list shall be given written notice of the election meetings at least 15 days prior to the meeting date.
(Amended by Stats. 1995, Ch. 727, Sec. 16. 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 6 - California Kiwifruit Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 68098.

68098. 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 secretary.
(Amended by Stats. 1995, Ch. 727, Sec. 17. 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 6 - California Kiwifruit Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 68099.

68099. Prior to the referendum vote conducted by the secretary pursuant to Section 68092, the proponents of the commission shall deposit with the secretary the amount the secretary may deem necessary to defray the expenses of preparing the necessary lists and information and conducting the vote.
Any unused funds in carrying out Section 68092 shall be returned to the proponents of the commission who deposited the funds with the secretary.
Upon establishment of the commission, the commission may reimburse the proponents of the commission for any funds deposited with the secretary that were used in carrying out Section 68092, and for any legal expenses and costs incurred in establishing the commission.
(Amended by Stats. 1995, Ch. 727, Sec. 18. 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 6 - California Kiwifruit Commission › ARTICLE 6 - Assessments and Records › Section 68101.

68101. (a) The commission shall, not later than October 1 of each year, establish the assessment for the marketing year beginning October 1 and ending September 30.
(b) The combined assessment of the commission and any other state or federally authorized kiwifruit production research and market program shall not exceed 5 percent of the average f.o.b. (free on board) gross dollar value of the kiwifruit marketed by or on behalf of producers during the previous three marketing years, or twenty-five cents ($0.25) per seven-pound tray of kiwifruit or the equivalent thereto, whichever is less. The assessment may be computed and assessed on a per tray basis if the commission determines that an assessment on that basis would be reasonably equivalent to the assessment established by the commission pursuant to subdivision (a).
(c)Expenditures for administrative purposes, as defined by the commission, within the maximum assessment shall not exceed 1
1
/
2
percent of the gross dollar value of kiwifruit marketed by or on behalf of producers during that marketing year.
(Amended by Stats. 1996, Ch. 987, Sec. 3. Effective January 1, 1997.)
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 6 - California Kiwifruit Commission › ARTICLE 6 - Assessments and Records › Section 68101.5.

68101.5. Assessments shall be based on the total income or other valuable consideration received from the sale of kiwifruit, in whole or in part, by every producer subject to this article.
(Added by Stats. 1981, Ch. 606, Sec. 19.)
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 6 - California Kiwifruit Commission › ARTICLE 6 - Assessments and Records › Section 68102.

68102. The provisions of this chapter do not apply to kiwifruit produced only for the producer’s home use or where the kiwifruit are used only for ornamental purposes; provided, however, that such producer shall file an affidavit with the commission establishing that his kiwifruit are not produced for commercial purposes. In any event, no production of kiwifruit is exempt from the assessment under this article when handled according to the provisions of this chapter.
(Amended by Stats. 1981, Ch. 606, Sec. 20.)
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 6 - California Kiwifruit Commission › ARTICLE 6 - Assessments and Records › Section 68103.

68103. Every handler shall keep a complete and accurate record of all kiwifruit shipped by him and the name of the producer whose kiwifruit were shipped. Such records shall be in simple form and contain such information as the commission shall prescribe. Such records shall be preserved by the handler for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent.
(Added by Stats. 1979, Ch. 1027.)
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 6 - California Kiwifruit Commission › ARTICLE 6 - Assessments and Records › Section 68104.

68104. All proprietary information obtained by the commission or the secretary from producers or handlers is confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding involving this chapter. Information on volume shipments, crop value, and any other related information that is required for reports to governmental agencies, financial reports to the commission or aggregate sales and inventory information, and any other information that the commission requires, excluding individual handler information, may be disclosed by the commission.
(Amended by Stats. 1995, Ch. 727, Sec. 19. 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 6 - California Kiwifruit Commission › ARTICLE 6 - Assessments and Records › Section 68105.

68105. Assessments provided for in this article shall be upon the producer. The handler first handling the kiwifruit being assessed shall deduct such assessments from amounts paid by him to the producer and shall be a trustee of such funds until they are paid to the commission at the time and in the manner prescribed by the commission.
(Added by Stats. 1979, Ch. 1027.)
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 6 - California Kiwifruit Commission › ARTICLE 6 - Assessments and Records › Section 68106.

68106. Every handler shall be personally liable for the payment of the collected assessments, and failure of the handler to collect the assessment from any producer shall not exempt any handler from such liability.
(Added by Stats. 1979, Ch. 1027.)
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 6 - California Kiwifruit Commission › ARTICLE 6 - Assessments and Records › Section 68107.

68107. (a) Any assessment that is levied as provided for in this chapter is a personal debt of every producer so assessed. However, no producer shall be liable for assessments if the producer can prove, by evidence satisfactory to the commission, that (1) the assessments were deducted by the handler from amounts paid to the producer, or (2) that the handler failed to pay the producer for kiwifruit purchased from or marketed on behalf of the producer.
(b) Failure of a handler to collect assessments from amounts paid to the producer shall not relieve the producer of its obligation to pay the assessments.
(Amended by Stats. 1995, Ch. 727, Sec. 19.5. 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 6 - California Kiwifruit Commission › ARTICLE 6 - Assessments and Records › Section 68108.

68108. Any producer or handler who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of such assessment determined to be due and, in addition, 1
1
/
2
percent interest per month on the unpaid balance. The penalty and interest may be reduced or waived by the commission pursuant to procedures adopted by the commission.
(Amended by Stats. 1995, Ch. 727, Sec. 20. 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 6 - California Kiwifruit Commission › ARTICLE 7 - Actions and Penalties › Section 68111.

68111. It shall be a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment, for any person to do any of the following:
(a) Willfully to render or furnish a false report, statement, or record required by the commission, or in any way to affect the shipment and marketing of kiwifruit in order to avoid payment of assessments on the product’s highest value.
(b) When engaged in the shipping of kiwifruit or in the wholesale or retail trade of kiwifruit, to fail or refuse to furnish to the commission or its duly authorized agents, upon request, information concerning the name and address of the persons from whom he has received kiwifruit and the quantity so received.
(c) Secrete, destroy, or alter records required to be kept under the provisions of this chapter.
(Amended by Stats. 1983, Ch. 1092, Sec. 129. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
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 6 - California Kiwifruit Commission › ARTICLE 7 - Actions and Penalties › Section 68112.

68112. The commission shall adopt procedures for the purpose of addressing any claims relating to this chapter made against the commission or any of its individual members, alternates, employees, or agents, and for the purpose of granting 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.
(Amended by Stats. 1995, Ch. 727, Sec. 21. 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 6 - California Kiwifruit Commission › ARTICLE 7 - Actions and Penalties › Section 68113.

68113. 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, respecting this chapter and the rules and regulations adopted under this chapter. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any other rule or regulation of the commission, including, but not limited to, the nonpayment of assessments. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief. A writ of attachment shall be issued pursuant to Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified by Section 485.010 is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or of inadequate remedy at law specified by Section 526 or 527 is not required.
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 with and satisfaction of the judgment. Except as provided in Section 68054, upon a favorable judgment for the commission, it may receive reimbursement for any reasonable attorney’s fees and other 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.
(Amended by Stats. 1992, Ch. 868, Sec. 4. 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 6 - California Kiwifruit Commission › ARTICLE 7 - Actions and Penalties › Section 68114.

68114. It is not necessary for the commission to allege or prove that an adequate remedy at law does not exist in any action brought under this chapter.
(Added by Stats. 1983, Ch. 525, Sec. 8.)
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 6 - California Kiwifruit Commission › ARTICLE 7 - Actions and Penalties › Section 68115.

68115. This chapter shall be liberally construed. If any section, clause, or part of this chapter is for any reason held to be unconstitutional or invalid as applied to any person or as applied under certain circumstances, that decision shall not affect the remaining portions of this chapter or the application of this chapter to any other persons or under any other circumstance.
(Added by Stats. 1983, Ch. 525, Sec. 9.)
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 6 - California Kiwifruit Commission › ARTICLE 8 - Continuation, Suspension, and Termination › Section 68131.

68131. Between October 1, 1984, and September 30, 1985, the commission shall cause a referendum to be conducted among producers in the manner prescribed in Section 68092 to determine whether the operations of this chapter shall be reapproved and continued effective. If the secretary finds that a favorable vote has been given, the secretary shall so certify and all provisions of this chapter shall remain effective. If the secretary finds that a favorable vote has not been given, the secretary shall so certify and declare the operation of this chapter and the commission suspended upon the expiration of the current marketing season ending September 30, 1985. Thereupon, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 68134. No bond or security shall be required for any such referendum.
(Amended by Stats. 1995, Ch. 727, Sec. 22. 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 6 - California Kiwifruit Commission › ARTICLE 8 - Continuation, Suspension, and Termination › Section 68132.

68132. Following a favorable referendum conducted prior to September 30, 1985, a referendum shall be conducted by the commission every fifth year thereafter between October 1st and January 31st, following procedures provided by this section, unless a referendum is conducted as the result of a petition pursuant to Section 68133. In such case the referendum shall be every fifth year following the industry petitioned referendum.
(Added by Stats. 1979, Ch. 1027.)
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 6 - California Kiwifruit Commission › ARTICLE 8 - Continuation, Suspension, and Termination › Section 68133.

68133. Upon the finding of a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the operation of this chapter shall be suspended. However, any suspension shall not become effective until the expiration of the current marketing season. The secretary shall, upon receipt of that recommendation, or may, after a public hearing to review a petition filed with the secretary requesting suspension, signed by 15 percent of the producers by number who produced not less than 15 percent of the volume in the immediately preceding season, cause a referendum to be conducted among the listed producers to determine if the operation and the operations of the commission shall be suspended, and shall establish a referendum period, which shall not be less than 10 or more than 60 days in duration. The secretary may prescribe any additional procedures that may be necessary to conduct a referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the referendum period. If at least 40 percent of the total number of producers from the list established by the secretary participate in the referendum, the secretary shall continue the operation of this chapter, if the secretary finds either one of the following:
(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of continuation, and the producers so voting marketed a majority or more of the total quantity of kiwifruit marketed in the preceding marketing season by all of the producers who voted in the referendum.
(b) That a majority or more of the producers who voted in the referendum voted in favor of continuation, and that the producers so voting marketed 65 percent or more of the total quantity of kiwifruit marketed in the preceding season by all of the producers who voted in the referendum.
Should the referendum fail to meet the requirements of subdivision (a) or (b), the secretary shall suspend the operation of this chapter upon the expiration of the current marketing season.
(Amended by Stats. 1995, Ch. 727, Sec. 23. 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 6 - California Kiwifruit Commission › ARTICLE 8 - Continuation, Suspension, and Termination › Section 68134.

68134. After the effective date of suspension of the operation of the provisions of this chapter and of the commission, the operations of the commission shall be concluded and any and all moneys remaining held by the commission, collected by assessment and not required to defray the expenses of concluding and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding current marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of the pro rata refund to those persons, any such moneys remaining and any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid to the University of California to fund research projects relating to kiwifruit.
(Amended by Stats. 1983, Ch. 525, Sec. 10.)
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 6 - California Kiwifruit Commission › ARTICLE 8 - Continuation, Suspension, and Termination › Section 68135.

68135. Upon suspension of the operation of this chapter and of the commission, the commission shall mail a copy of the notice of suspension to all producers and handlers affected by such suspension whose names and addresses are on file.
(Added by Stats. 1979, Ch. 1027.)
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 6 - California Kiwifruit Commission › ARTICLE 8 - Continuation, Suspension, and Termination › Section 68140.

68140. All moneys remaining held by the commission after the repeal of this chapter shall be disposed of in accordance with Section 68134.
(Amended by Stats. 1981, Ch. 606, Sec. 24.)
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 6 - California Kiwifruit Commission › ARTICLE 9 - Quality Standards › Section 68141.

68141. The commission may recommend to the secretary the adoption of kiwifruit quality standards or engage in any other activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21). The adoption of standards or activities shall be in accordance with the procedures specified in that act unless otherwise specified in this article.
(Added by Stats. 2007, Ch. 124, Sec. 3. Effective January 1, 2008.)
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 6 - California Kiwifruit Commission › ARTICLE 9 - Quality Standards › Section 68142.

68142. Any standards or activities recommended by the commission shall not become operative until approved in the manner specified in Section 68092.
(Added by Stats. 2007, Ch. 124, Sec. 3. Effective January 1, 2008.)
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 6 - California Kiwifruit Commission › ARTICLE 9 - Quality Standards › Section 68143.

68143. Any standards or activities adopted pursuant to this article shall be implemented by the secretary at the beginning of the marketing season next succeeding the date on which they were approved by the secretary.
(Added by Stats. 2007, Ch. 124, Sec. 3. Effective January 1, 2008.)
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 6 - California Kiwifruit Commission › ARTICLE 9 - Quality Standards › Section 68144.

68144. The commission shall serve as the advisory body to the secretary on all matters pertaining to this article.
(Added by Stats. 2007, Ch. 124, Sec. 3. Effective January 1, 2008.)
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 7 - California Pistachio Commission › ARTICLE 1 - Declaration and General Provisions › Section 69001.

69001. The pistachio industry in this state is expanding and has the potential to constitute one of California’s principal nut crops. The industry can provide an important source of employment for many people in the state, a high proportion of whom are from underprivileged and historically deprived segments of the population.
(Added by Stats. 1980, Ch. 602.)
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 7 - California Pistachio Commission › ARTICLE 1 - Declaration and General Provisions › Section 69002.

69002. As an exotic nut crop developed in the Mideast, the pistachio is not heavily consumed in this country or abroad. Opportunity exists for continued growth and expansion of the industry, by creating new markets in such areas. The success of such an expansion program is uniquely dependent upon effective advertising and promotion both domestically and in foreign countries, since the creation of new markets is essentially a matter of educating people to the use of a previously unknown or unrecognized food.
(Added by Stats. 1980, Ch. 602.)
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 7 - California Pistachio Commission › ARTICLE 1 - Declaration and General Provisions › Section 69003.

69003. The establishment of a California Pistachio Commission is necessary for the efficient development and management of a national and international advertising and promotion program, and essential to ensure that the California pistachio industry can compete successfully in the world marketplace and reduce the spread between consumer cost and the amount received by the producer.
(Added by Stats. 1980, Ch. 602.)
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 7 - California Pistachio Commission › ARTICLE 1 - Declaration and General Provisions › Section 69004.

69004. The production and marketing of pistachios produced in this state is hereby declared to be affected with a public interest. The provisions of this chapter are 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. 1980, Ch. 602.)
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 7 - California Pistachio Commission › ARTICLE 1 - Declaration and General Provisions › Section 69005.

69005. A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and production research.
(Added by Stats. 1980, Ch. 602.)
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 7 - California Pistachio Commission › ARTICLE 1 - Declaration and General Provisions › Section 69006.

69006. No action taken by the commission, nor by any individual in accordance with this chapter or with rules and regulations adopted under the chapter, shall be deemed a violation of the Cartwright Act, the Unfair Practices Act, the Fair Trade Act, Section 1673 of the Civil Code, or any rule of statutory or common law against monopolies or combinations in restraint of trade.
(Added by Stats. 1980, Ch. 602.)
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 7 - California Pistachio Commission › ARTICLE 1 - Declaration and General Provisions › Section 69007.

69007. This chapter shall be liberally construed. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 1995, Ch. 727, Sec. 24. 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 7 - California Pistachio Commission › ARTICLE 2 - Definitions › Section 69011.

69011. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Added by Stats. 1980, Ch. 602.)
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 7 - California Pistachio Commission › ARTICLE 2 - Definitions › Section 69012.

69012. “Pistachio” means any variety of pistachio produced in the state, including any pistachios delivered to a processor for processing into any pistachio product.
(Added by Stats. 1980, Ch. 602.)
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 7 - California Pistachio Commission › ARTICLE 2 - Definitions › Section 69013.

69013. “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to the provisions of this chapter.
(Added by Stats. 1980, Ch. 602.)
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 7 - California Pistachio Commission › ARTICLE 2 - Definitions › Section 69014.

69014. “Commission” means the California Pistachio Commission.
(Added by Stats. 1980, Ch. 602.)
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 7 - California Pistachio Commission › ARTICLE 2 - Definitions › Section 69015.

69015. “Commissioner” means any member of the commission.
(Added by Stats. 1980, Ch. 602.)
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 7 - California Pistachio Commission › ARTICLE 2 - Definitions › Section 69016.

69016. “Distribute” means to engage in the business of a distributor.
(Added by Stats. 1980, Ch. 602.)
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 7 - California Pistachio Commission › ARTICLE 2 - Definitions › Section 69018.

69018. “Secretary” means the Secretary of Food and Agriculture.
(Amended by Stats. 1995, Ch. 727, Sec. 25. 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 7 - California Pistachio Commission › ARTICLE 2 - Definitions › Section 69019.

69019. “Districts” shall consist of the following:
(a) District 1 consists of Tulare, Kern, San Bernardino, San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, Riverside, San Diego, and Imperial Counties.
(b) District 2 consists of Kings, Fresno, Madera, and Merced Counties.
(c) District 3 consists of all counties where pistachios are produced that are not included in Districts 1 and 2.
The boundaries of any district may be changed by a two-thirds vote of the commission, which is concurred in by the secretary, to ensure proper representation by producers. The boundaries need not coincide with county lines.
(Amended by Stats. 1995, Ch. 727, Sec. 26. 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 7 - California Pistachio Commission › ARTICLE 2 - Definitions › Section 69020.

69020. “Ex officio member” shall be a nonvoting member of the commission.
(Added by Stats. 1980, Ch. 602.)