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 24 - California Tomato Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 78681.

78681. (a) In order to prevent unfair trade practices that are detrimental to California’s tomato industry, including, but not limited to, deception and misinformation, the commission may collect and disseminate to any and all interested persons, historical handler packout information, including, but not limited to, tomato grade and size.
(b) The identity of each handler reporting information and the information reported under this section shall be kept confidential and shall not be 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 information pursuant to this section shall be approved by the secretary.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 78682.

78682. The commission may administer any government program that is engaged in the activities authorized by this chapter and that directly and exclusively affects the fresh tomato industry, upon the request of an authorized agent of the program.
(Added by Stats. 1998, Ch. 399, Sec. 11. Effective January 1, 1999.)
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 24 - California Tomato Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 78690.

78690. (a) Within 15 days of the effective date of this chapter, the secretary shall establish a list of producers and handlers eligible to vote on implementation of this chapter. In establishing the list, the secretary may require that producers and handlers submit the names and mailing addresses of all producers and handlers. The secretary also may require that the information provided include the quantity of tomatoes produced by each producer and the quantity of tomatoes handled by each handler, or, in the alternative, may establish procedures for receiving the information at the time of the referendum vote specified in Section 78691. The request for the information shall be in writing and shall be filed within 10 days following receipt of the request.
(b) Any producer whose name does not appear on the appropriate list may have his or her name placed on the list by filing with the secretary a signed statement, identifying himself or herself as a producer or handler. Failure to be on the list does not exempt the person from paying assessments, and does not invalidate any industry votes conducted pursuant to this article.
(c) Proponents and opponents of the commission may contact producers on the lists in a form and manner prescribed by the secretary if all expenses associated with those contacts are paid in advance.
(Amended by Stats. 2004, Ch. 183, Sec. 130. Effective January 1, 2005.)
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 24 - California Tomato Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 78691.

78691. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds the following in a referendum vote conducted by the secretary:
(a) At least 40 percent of the total number of producers from the list established by the secretary pursuant to this article participate, and that either of the following occurs:
(1) Sixty-five percent of the producers who voted in the referendum voted in favor of this chapter, and the producers so voting sold a majority of the total quantity of tomatoes in the preceding marketing season by all of the producers who voted in the referendum.
(2) A majority of the producers who voted in the referendum voted in favor of this chapter, and the producers so voting sold 65 percent or more of the total quantity of tomatoes in the preceding marketing season by all of the producers who voted in the referendum.
(b) At least 40 percent of the total number of handlers from the list established by the secretary pursuant to this article participate and that either of the following occurs:
(1) Sixty-five percent of the handlers who voted in the referendum voted in favor of this chapter, and the handlers so voting handled a majority of the total quantity of tomatoes in the preceding marketing season by all of the handlers who voted in the referendum.
(2) A majority of the handlers who voted in the referendum voted in favor of this chapter, and the handlers so voting handled 65 percent or more of the total quantity of tomatoes in the preceding marketing season by all of the handlers who voted in the referendum.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 78692.

78692. In finding whether the commission is approved pursuant to this article, the vote of any nonprofit agricultural cooperative marketing association that is authorized by its members to so vote, shall be considered as being the approval or rejection by the individual members of, or the individual stockholders in, the nonprofit agricultural cooperative marketing association.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 78693.

78693. The secretary shall establish a period in which to conduct the referendum, which shall not be less than 10 days or more than 60 days in duration, and may prescribe additional procedures necessary to conduct the referendum. If the initial period established is less than 60 days, the secretary may extend the period. However, the total referendum period may not exceed 60 days.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 78694.

78694. Nonreceipt of a ballot by an eligible person shall not invalidate a referendum.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 78695.

78695. If the secretary finds that a favorable vote has been given as provided in Section 78691, the secretary shall certify and give notice of the favorable vote to all affected producers and handlers whose names and addresses are on file with the secretary.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 78696.

78696. If the secretary finds that a favorable vote has not been given as provided in Section 78691, the secretary shall certify and declare all provisions of this chapter inoperative. The secretary may conduct other implementation referendum votes one year or more after the previous vote has been taken.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 78697.

78697. Upon certification of the commission, the members and alternates of any entity operating pursuant to an existing state marketing order affecting the same subject matter as this chapter shall comprise the initial membership of the commission. Thereafter, persons to be elected to the commission shall be selected pursuant to nomination and election procedures established by the commission with the concurrence of the secretary.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 78698.

78698. (a) Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary the amount that the secretary deems necessary to defray the expenses of preparing the necessary lists and information and conducting the vote.
(b) Any funds not used in carrying out Section 78690, shall be returned to the proponents of the commission who deposited the funds with the secretary.
(c) Upon establishment of the commission, the commission may reimburse the proponents of the commission for any funds deposited with the secretary that were used in carrying out this article, and for any legal expenses and costs incurred in establishing the commission.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 6 - Assessments and Records › Section 78700.

78700. (a) The commission shall establish the assessment for the marketing season not later than March 1 of each year or as soon thereafter as is possible. The assessment shall not exceed twenty cents ($0.20) per 100 pounds, or the equivalent, for tomatoes delivered to handlers by producers. Of the assessment, not more than ten cents ($0.10) per 100 pounds prepared for market, or the equivalent, shall be assessed against producers, and not more than ten cents ($0.10) per 100 pounds shall be assessed against handlers.
(b) An assessment greater than the amount provided for in this section may not be charged unless and until a greater fee is approved by a majority of the commission and by eligible producers and handlers pursuant to procedures specified in Section 78691.
(Amended by Stats. 2006, Ch. 499, Sec. 21. Effective January 1, 2007.)
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 24 - California Tomato Commission › ARTICLE 6 - Assessments and Records › Section 78701.

78701. This chapter does not apply to tomatoes produced only for a producer’s home use or tomatoes that are used only for ornamental purposes.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 6 - Assessments and Records › Section 78702.

78702. Any person requesting an exemption from this chapter shall file an affidavit with the commission attesting that he or she is not an eligible producer or handler. The affidavit shall contain all the information required by the commission. The commission shall review the affidavit, conduct any additional investigation it deems appropriate, and approve or deny the affidavit.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 6 - Assessments and Records › Section 78703.

78703. Every person who handles tomatoes in any quantity shall keep a complete and accurate record of all transactions involving the purchase or sale of tomatoes. The records shall be in a simple form and contain such information as the commission shall prescribe. The records shall be preserved by the handler for a period of three years, and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 6 - Assessments and Records › Section 78704.

78704. (a) All proprietary information obtained by the commission or the secretary from any source, including, but not limited to, the names and addresses of producers, is confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding.
(b) Information on volume shipments, crop value, and any other related information that is required for reports to governmental agencies, financial reports to the commission, or aggregate sales and inventory information, and any other information that gives only totals, but excludes individual information, may be disclosed by the commission.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 6 - Assessments and Records › Section 78705.

78705. Any assessment that is levied as provided for in this chapter is a personal debt of every person assessed.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 6 - Assessments and Records › Section 78706.

78706. The first handler of tomatoes being assessed shall deduct the assessment from amounts paid by him or her to the producer, and shall be a trustee of these assessments and assessments required to be paid by the handler until they are paid to the commission at the time and in the manner prescribed by the commission. Failure to collect the assessment from any producer shall not exempt the handler from liability. In addition, failure of a handler to remit the collected producer assessments to the commission shall not relieve the producer of this obligation.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 6 - Assessments and Records › Section 78707.

78707. When the producer or handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for violating this chapter, including but not limited to, failing to pay assessments or to collect assessments, shall also include identical liability upon each director or officer of the corporation.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 6 - Assessments and Records › Section 78708.

78708. Any person who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, shall pay 1
1
/
2
percent interest per month on the unpaid balance.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 6 - Assessments and Records › Section 78709.

78709. In addition to any other penalty imposed, the commission may require any person who fails to pay an assessment or related charge pursuant to this article to furnish and maintain a surety bond in a form and amount, and for a period of time, specified by the commission as assurance that all payments to the commission will be made when due.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 6 - Assessments and Records › Section 78710.

78710. It is a misdemeanor for any person to do any of the following:
(a) Willfully render or furnish a false report, statement, or record required by the commission, or in any way to affect the shipment and marketing of tomatoes with the intent to avoid payment of assessments on the product’s highest value.
(b) Fail to render or furnish a report, statement, or record required by the commission.
(c) When engaged in the shipping of tomatoes or in the wholesale or retail trade of tomatoes, 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 or she received tomatoes, and the quantity so received.
(d) Secrete, destroy, or alter records required to be kept under this chapter.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 6 - Assessments and Records › Section 78711.

78711. The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission, or before a committee of the commission designated for that purpose. Appeals from decisions of the commission may be made to the secretary. The determination of the secretary shall be subject to judicial review upon petition filed with the appropriate superior court.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 6 - Assessments and Records › Section 78712.

78712. The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for the obtaining of injunctive relief or specific performance regarding this chapter and the regulations adopted pursuant to this chapter. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any other regulation of the commission, including, but not limited to, the nonpayment of assessments. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief.
A writ of attachment shall be issued pursuant to Chapter 4 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified in Section 485.010 of the Code of Civil Procedure is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or inadequate remedy at law specified in Sections 526 and 527 of the Code of Civil Procedure is not required.
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 tomatoes until there is full compliance and satisfaction of the judgment. Upon a favorable judgment for the commission, it shall be entitled to receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 6 - Assessments and Records › Section 78713.

78713. Any action by the commission for any violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. Any action against the commission by any person shall be commenced within two years from the date of the act of which the person complains.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 6 - Assessments and Records › Section 78714.

78714. The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that may thereafter arise in connection with this chapter, release or extinguish any violation of this chapter, or affect or impair any right or remedies of the commission with respect to any violation.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 7 - Continuation or Suspension and Termination › Section 78720.

78720. Every five years, commencing with the 2001–02 marketing season, the secretary shall hold a hearing to determine whether the operation of this chapter should be continued. If the secretary finds after the hearing that a substantial question exists among eligible persons regarding whether the operation of this chapter should be continued, the secretary shall submit the chapter to a reapproval referendum. If a reapproval referendum is required, the operation of this chapter shall be continued in effect if the secretary finds that a majority of the eligible persons voting in the referendum, voted in favor of continuing this chapter. In finding whether the commission is continued pursuant to this article, the vote of any nonprofit agricultural cooperative marketing association that is authorized by its members to so vote, shall be considered as being the approval or rejection by the individual members of, or the individual stockholders in, the nonprofit agricultural cooperative marketing association.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 7 - Continuation or Suspension and Termination › Section 78721.

78721. If the secretary finds after conducting a hearing that no substantial question exists or that a favorable vote has been given, the secretary shall so certify and this chapter shall remain operative. If the secretary finds that a favorable vote has not been given, he or she shall so certify and declare the operation of this chapter and the commission suspended upon the expiration of the marketing season ending the last day of February 2002. Thereupon, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 78724. No bond or security shall be required for any such referendum.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 7 - Continuation or Suspension and Termination › Section 78722.

78722. Following a hearing, a favorable referendum if required, conducted prior to the last day of February 2002, the process specified in Section 78720 shall be conducted by the commission every fifth year thereafter between March 1 and February 28, unless a referendum is conducted as the result of a petition pursuant to Section 78723. In that case, the hearing, and the referendum if required, shall be conducted every fifth year following the industry petitioned referendum.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 7 - Continuation or Suspension and Termination › Section 78723.

78723. (a) Upon a finding by a two-thirds vote of the membership of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the operation of this chapter be suspended. However, any suspension shall not become effective until the expiration of the current marketing season.
(b) The secretary shall, upon receipt of the recommendation, or may, after a public hearing to review a petition filed with him or her requesting a suspension signed by 20 percent of the producers and handlers by number who sold or handled not less than 20 percent of the total quantity of tomatoes in the immediately preceding marketing season, hold a referendum among the producers and handlers to determine if the operations of the commission shall be suspended. However, the secretary shall not hold a referendum as a result of the petition unless the petitioner shows by the weight of evidence that this chapter has not tended to effectuate its declared purposes.
(c) The secretary shall establish a referendum period, which shall not be less than 10 days or more than 60 days in duration. The secretary may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers and handlers from the list established by the secretary participate in the referendum, the secretary shall suspend the operation of this chapter if he or she finds either one of the following has occurred:
(1) Sixty-five percent or more of the producers and handlers who voted in the referendum voted in favor of suspension, and the producers and handlers so voting sold or handled a majority of the total quantity of tomatoes in the preceding marketing season by all of the producers and handlers who voted in the referendum.
(2) A majority of the producers and handlers who voted in the referendum voted in favor of suspension, and the producers and handlers so voting sold or handled 65 percent or more of the total quantity of tomatoes in the preceding marketing season by all of the producers and handlers who voted in the referendum.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 7 - Continuation or Suspension and Termination › Section 78724.

78724. After the effective date of suspension of this chapter, the operation of the commission shall be concluded and all moneys held by the commission not required to defray the expenses of concluding and terminating operations of the commission shall be returned on a pro rata basis to all persons from whom assessments were collected in the immediately preceding marketing season. However, if the commission finds that the amounts returnable are so small as to make impractical the computation and remitting of the prorate refund to these persons, any funds remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into an appropriate state or federal program conducted or used to fund activities related to the subject matter of this chapter.
(Added by Stats. 1995, Ch. 210, Sec. 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 24 - California Tomato Commission › ARTICLE 7 - Continuation or Suspension and Termination › Section 78725.

78725. Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all eligible persons affected by the suspension whose names and addresses are on file.
(Added by Stats. 1995, Ch. 210, Sec. 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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 1 - Declarations and General Provisions › Section 78801.

78801. The production and distribution of winegrapes and wine in Mendocino County constitute important industries that provide substantial and necessary revenues for the county and state, and employment for citizens of the state. It also furnishes an important food product that benefits the public health and welfare.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 1 - Declarations and General Provisions › Section 78802.

78802. The maintenance and expansion of the winegrape and wine industries of Mendocino County and of its local, national, and foreign markets is necessary to assure the consuming public of a continuous supply of these products and needed levels of income for those engaged in the winegrape and wine industries in Mendocino County.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 1 - Declarations and General Provisions › Section 78803.

78803. Opportunity exists for continued growth and expansion of the Mendocino County winegrape and wine industries by creating new markets in the state, the county, and abroad. The success of an expansion program is uniquely depending upon effective education, advertising, promotion, and research, since the creation of new markets is essentially a matter of educating and informing people of the use and availability of the commodity. The expansion of the Mendocino County winegrape and wine industries also provides an important source of jobs for many people in the area, and serves to ensure the preservation of an agrarian society.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 1 - Declarations and General Provisions › Section 78804.

78804. The production of winegrapes, wine, and winegrape products in Mendocino County has the potential to be one of the leading segments of the state’s winegrape and wine industries. To realize this potential, there is a need to make consumers aware of the high quality of winegrapes, wine, and winegrape products produced in Mendocino County. The activities made possible by the establishment of the commission will meet this need and further the interests of the industries and the state.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 1 - Declarations and General Provisions › Section 78805.

78805. The Mendocino County winegrape and wine industries have enjoyed much success due to a commitment by the industries to fund research that has led to significant improvements in the quality and variety of winegrapes and wine available to consumers. It has also led to winegrapes and wine being a better consumer value. The establishment of the commission will continue to enhance this research effort and move the Mendocino County winegrape and wine industries toward its potential, resulting in increased consumer value and enhanced returns to growers and vintners.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 1 - Declarations and General Provisions › Section 78806.

78806. The production and marketing of winegrapes, wine, and winegrape products produced in Mendocino County is hereby declared to be of public interest, therefore it is necessary and appropriate that these provisions be specifically applicable to Mendocino County. 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. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 1 - Declarations and General Provisions › Section 78807.

78807. (a) It shall be the policy of this state to preserve and encourage agricultural activities in the state, promote consumption of agricultural commodities produced and harvested in California, provide for research, governance, and accountability, including the ability for agriculture to act collectively and to assess itself through the process of referenda.
(b) It shall also be the policy of this state that the program authorized in this chapter shall engage in activities that are not more extensive in scope than is necessary to accomplish its purposes, and that the powers and duties of this program are designed to directly and materially advance the state’s interest in a stable, thriving agricultural industry. Further, this policy can be implemented most effectively by the collective actions authorized in this chapter while not preventing individuals from additionally engaging in self-help activities.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 1 - Declarations and General Provisions › Section 78808.

78808. No action taken by the commission, or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a violation of the Cartwright Act, Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code, the Unfair Practices Act, Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code, or any statutory or common law against monopolies or combinations in restraint of trade. Proof that any action complained of was done in compliance with this chapter shall be a complete defense to the action or proceeding. The Legislature intends this program to be among those contemplated by Congress in the enactment of Section 610(i) of Title 7 of the United States Code.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 1 - Declarations and General Provisions › Section 78809.

78809. The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of winegrapes, wine, and other winegrape products in Mendocino County the opportunity to avail themselves of the benefits of collective action in the broad fields of development, maintenance, and expansion of markets, production, marketing, processing, and health-related research, public and trade education, and advertising and promotion necessary to achieve the purposes stated herein.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 1 - Declarations and General Provisions › Section 78810.

78810. 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 that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 1 - Declarations and General Provisions › Section 78811.

78811. 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. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 2 - Definitions › Section 78821.

78821. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 2 - Definitions › Section 78822.

78822. “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. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 2 - Definitions › Section 78823.

78823. “Brandy” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of whole, sound, ripe grapes or from the residue thereof, distilled at not over 170 degrees proof.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 2 - Definitions › Section 78824.

78824. “Commission” means the Mendocino Winegrape and Wine Commission.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 2 - Definitions › Section 78825.

78825. “Department” means the Department of Food and Agriculture.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 2 - Definitions › Section 78826.

78826. “Grape concentrate” or “concentrate” means unfermented grape juice from which the major portion of the original water content has been removed.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 2 - Definitions › Section 78827.

78827. “Grape juice” or “juice” means unfermented crushed grapes without solids containing the major portion of the original water content.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 2 - Definitions › Section 78828.

78828. “Ex officio member” means a nonvoting member of the commission.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 2 - Definitions › Section 78829.

78829. “High proof” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of fresh winegrapes or from the residue thereof.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 2 - Definitions › Section 78830.

78830. “Market” means to sell, barter, trade, purchase, acquire, or otherwise distribute wine, winegrapes, or winegrape products.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 2 - Definitions › Section 78831.

78831. “Market development” includes, but is not limited to, trade, promotion, public education, dissemination of information on health and social issues, and other matters, and activities for the prevention, modification, or removal of trade barriers that restrict the free flow of winegrapes, wine, or winegrape products to market and may include, but is not limited to, the presentation of facts to local, state, federal, or foreign governmental agencies on matters that affect this chapter.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 2 - Definitions › Section 78832.

78832. “Market research” means any investigation, development, analysis, or implementation of information relating to the marketing of winegrapes, wine, and winegrape products including, but not limited to, trade practices, consumer trends, promotion, sales, and advertising.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)
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 24.5 - Mendocino County Winegrape and Wine Commission › ARTICLE 2 - Definitions › Section 78833.

78833. “Marketing season” or “fiscal year” means the period beginning July 1 of any year and extending through June 30 of the following year.
(Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)