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 25 - Sea Urchins › ARTICLE 4 - Powers and Duties of the Commission › Section 79076.

79076. (a) The commission shall establish an annual budget and maintain records of expenditures according to generally accepted accounting practices. The budget shall be concurred in by the secretary prior to disbursement of funds, except for ongoing disbursements made in relation to employees of the commission.
(b) The secretary shall review the annual budget and expenditures to ensure that only reasonable and necessary administrative costs are paid for the proper operation of the commission’s activities.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 4 - Powers and Duties of the Commission › Section 79077.

79077. The commission shall submit to the secretary for his or her concurrence an annual statement of contemplated activities authorized pursuant to this chapter.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 4 - Powers and Duties of the Commission › Section 79078.

79078. The commission and the secretary shall keep confidential and shall not disclose, except when required by court order after a hearing in a judicial proceeding, all lists of persons subject to this chapter in their possession. However, the commission shall establish procedures to provide divers and handlers access to communication with other divers and handlers regarding nonproprietary matters affecting the commission and persons subject to its jurisdiction. The access shall not include the actual release of the names and addresses of divers and handlers in the possession of the commission or the secretary.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 4 - Powers and Duties of the Commission › Section 79079.

79079. The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations of this chapter.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 4 - Powers and Duties of the Commission › Section 79080.

79080. The commission may administer any government program engaged in the activities authorized by this chapter and that directly affects the sea urchin fishery, upon the request of an authorized agent of the program.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 4 - Powers and Duties of the Commission › Section 79081.

79081. The commission may approve payment of a stipend to commission members of not more than one hundred twenty-five dollars ($125) for each day a member is on official commission business pursuant to Section 79055, not to exceed five hundred dollars ($500) in any single month.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 5 - Implementation and Voting Procedures › Section 79100.

79100. (a) Within 60 days of the effective date of this chapter, the secretary shall establish a list of divers and handlers eligible to vote on implementation of this chapter. In establishing the list, the secretary may require that divers and handlers submit the names and mailing addresses of all divers and handlers. The secretary also may request assistance of the Director of Fish and Game for the names of all licensed divers and handlers engaged in the sea urchin fishery during the previous season and the volume of landings of each diver. The request for information shall be in writing and the information provided shall be confidential and not made public. Notwithstanding Section 8022 or any other provision of law, the Director of Fish and Game shall comply with the request within 30 days of receipt.
(b) Any diver and handler 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 diver or handler, and submitting other supporting documentation. 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 establishing the commission pursuant to this chapter may contact divers and handlers on the lists through the secretary, in a form and manner prescribed by the secretary, if all expenses associated with those contacts are paid in advance.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 5 - Implementation and Voting Procedures › Section 79101.

79101. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds at least one of the following in a referendum vote conducted by the secretary:
(a) At least 40 percent of the total number of divers 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 divers who voted in the referendum voted in favor of establishing the commission, and the divers so voting landed a majority of the total quantity of sea urchin landed in the preceding fishing season by all of the divers who voted in the referendum.
(2) A majority of the divers who voted in the referendum voted in favor of establishing the commission, and the divers so voting landed 65 percent or more of the total quantity of sea urchin landed in the preceding fishing season by all of the divers 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 establishing the commission, and the handlers so voting handled a majority of the total quantity of sea urchin in the preceding fishing 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 establishing the commission, and the handlers so voting handled 65 percent or more of the total quantity of sea urchin in the preceding fishing season by all of the handlers who voted in the referendum.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 5 - Implementation and Voting Procedures › Section 79102.

79102. (a) 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, including measures to maximize the likelihood that all eligible persons receive referendum voting materials. 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.
(b) Nonreceipt of a ballot by an eligible person shall not invalidate a referendum.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 5 - Implementation and Voting Procedures › Section 79103.

79103. (a) If the secretary finds that a favorable vote has been given, pursuant to Section 79101, the secretary shall certify and give notice of the favorable vote to all affected divers and handlers whose names and addresses are on file with the secretary.
(b) If the secretary finds that a favorable vote has not been given, pursuant to Section 79101, the secretary shall certify and declare all provisions of this chapter inoperative. The secretary may conduct other implementation referendum votes one year or more following certification of a previous vote.
(c) If the secretary finds that a favorable vote has been given by either the divers or the handlers, but not both, the secretary shall certify and give notice of the favorable vote to all the divers and handlers whose names and addresses are on file with the secretary and this chapter shall be in effect only with regard to the divers or handlers, but not both, voting in favor of the referendum.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 5 - Implementation and Voting Procedures › Section 79104.

79104. (a) Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary the amount that the secretary deems necessary to defray the expenses of preparing the necessary lists and information and conducting the vote.
(b) Any funds not used in carrying out Section 79101 shall be deposited in the funds of the commission.
(c) Upon establishment of the commission, the commission may reimburse the proponents of the commission for any funds deposited with the secretary that were used in carrying out this article, and for any legal expenses and costs incurred in establishing the commission.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 6 - Assessments and Records › Section 79120.

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

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

79122. (a) All proprietary information obtained by the commission or the secretary from any source, including, but not limited to, the names and addresses of divers and the volume and value of landings made or purchased, is confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding.
(b) Information on volume and value of landings, and any other related information that is required for reports to governmental agencies, financial reports to the commission, or aggregate sales and inventory information, and any other information that gives only totals, but excludes individual diver or handler information, may be disclosed by the commission.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 6 - Assessments and Records › Section 79123.

79123. The first handler of sea urchin being assessed shall deduct the assessment from amounts paid by him or her to the diver, and shall be a trustee of these assessments until they are paid to the commission at the time and in the manner prescribed by the commission. Failure to collect the assessment from any diver shall not exempt the handler from liability. In addition, failure of a handler to remit the collected diver assessments to the commission shall not relieve the diver of this obligation.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 6 - Assessments and Records › Section 79124.

79124. When the handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for violating this chapter, including but not limited to, failing to pay assessments or to collect assessments, shall also include identical liability upon each director or officer of the corporation.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 6 - Assessments and Records › Section 79125.

79125. Any person who fails to pay any assessment, including submitting any records required by the commission, within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, shall pay 1
1
/
2
percent interest per month on the unpaid balance.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 6 - Assessments and Records › Section 79126.

79126. In addition to any other penalty imposed, the commission may require any person who fails to pay an assessment or related charge pursuant to this article to furnish and maintain a surety bond in a form and amount, and for a period of time, specified by the commission as assurance that all payments to the commission will be made when due.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 6 - Assessments and Records › Section 79127.

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

79128. The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission, or before a committee of the commission designated for that purpose. Appeals from decisions of the commission may be made to the secretary. The determination of the secretary shall be subject to judicial review upon petition filed with the appropriate superior court.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 6 - Assessments and Records › Section 79129.

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

79130. Any action by the commission for any violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. Any action against the commission by any person shall be commenced within two years from the date of the act of which the person complains.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 6 - Assessments and Records › Section 79131.

79131. The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that may thereafter arise in connection with this chapter, release or extinguish any violation of this chapter, or affect or impair any right or remedies of the commission with respect to any violation.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 6 - Assessments and Records › Section 79132.

79132. (a) The commission may consult and enter into agreements with the Director of Fish and Wildlife, if necessary and appropriate, to assist in the administration and enforcement of this chapter, including, but not limited to, collecting assessments authorized by this chapter and providing routine information regarding the persons that may be subject to this chapter.
(b) The commission may enter into an agreement with the director regarding the expenses associated with the distribution of two hundred dollars ($200) of the total fee for a sea urchin permit authorized pursuant to, and described in, Sections 9054.5 and 9055 of the Fish and Game Code.
(c) If an agreement is established, the commission shall reimburse the Department of Fish and Wildlife for reasonable administrative costs associated with the agreement.
(Amended by Stats. 2023, Ch. 876, Sec. 25. (SB 500) Effective January 1, 2024.)
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 25 - Sea Urchins › ARTICLE 7 - Continuation or Suspension and Termination › Section 79140.

79140. Every five years, commencing with the fifth year following certification of the commission, the secretary shall hold a hearing to determine whether the operation of this chapter should be continued. If the secretary finds after the hearing that a substantial question exists among eligible persons regarding whether the operation of this chapter should be continued, the secretary shall submit the chapter to a reapproval referendum. If a reapproval referendum is required, the operation of this chapter shall be continued in effect if the secretary finds that a majority of the eligible persons voting in the referendum, voted in favor of continuing this chapter.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 7 - Continuation or Suspension and Termination › Section 79141.

79141. If the secretary finds after conducting a hearing that no substantial question exists or that a favorable vote has been given, the secretary shall so certify and this chapter shall remain operative. If the secretary finds that a favorable vote has not been given, he or she shall so certify and declare the operation of this chapter and the commission suspended upon the expiration of the fishing season of the year in which the certification is made. Thereupon, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 79144. No bond or security shall be required for any such referendum.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 7 - Continuation or Suspension and Termination › Section 79142.

79142. The process specified in Section 79140 shall be conducted by the commission every fifth year following the initial certification of the commission, unless a referendum is conducted as the result of a petition pursuant to Section 79143. In that case, the hearing, and the referendum if required, shall be conducted every fifth year following the industry petitioned referendum.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25 - Sea Urchins › ARTICLE 7 - Continuation or Suspension and Termination › Section 79143.

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

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

79145. Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all eligible persons affected by the suspension whose names and addresses are on file.
(Added by Stats. 2002, Ch. 973, Sec. 2. Effective January 1, 2003.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 1 - Declarations and General Provisions › Section 79150.

79150. The spiny lobster fishery includes both fishermen and handlers working together to provide a sustainable spiny lobster resource and to ensure a reliable supply of quality seafood product for domestic consumption and export, thereby maintaining strong local coastal economies, fair levels of income to the thousands of persons engaged directly and indirectly in commercial fishing enterprises, and historically significant cultural and community resources of California’s coast.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 1 - Declarations and General Provisions › Section 79150.5.

79150.5. The production and marketing of seafood, including spiny lobster, constitute an important industry of this state that provides substantial and necessary revenues for the state and employment for its citizens.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 1 - Declarations and General Provisions › Section 79151.

79151. The production of spiny lobster for domestic consumption and export is one of the leading segments of the state’s commercial fishing industry. To maintain this significant contribution to the state’s economy and public well-being, there is a need to make regulators aware of unique economic factors affecting the spiny lobster fishery and how these factors can be integrated with appropriate management measures to protect a sustainable spiny lobster resource. In addition, there is a need to make consumers and the general public aware of the nutritional value of seafood, the high quality of spiny lobster produced by the industry, and the opportunities available to balance spiny lobster production and protection of the natural marine resources of California. The activities made possible by the establishment of a commission will meet this need and further the interests of the industry and the state.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 1 - Declarations and General Provisions › Section 79151.5.

79151.5. The establishment of a commission is necessary for the efficient creation and management of a research program to develop improved harvesting and processing practices, an integrated approach to fishery management, and more efficient resource assessment, monitoring, and protection tools.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 1 - Declarations and General Provisions › Section 79152.

79152. The successes that the spiny lobster fishery in California has enjoyed have come in large part through a commitment by the industry to support appropriate management regulations guiding the harvesting of spiny lobster and to fund research into resource assessment and enhancement methodology that has led to significant improvements in understanding the biology of the spiny lobster resource. The establishment of a commission will continue and enhance this research effort and the ability of the industry to promote responsible fishery management regulations, all of which will move the industry toward a sustainable position, resulting in increased consumer value and enhanced economic returns.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 1 - Declarations and General Provisions › Section 79152.5.

79152.5. The harvesting, processing, and marketing of spiny lobster 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 purposes of protecting the health, peace, safety, and general welfare of the people of this state.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 1 - Declarations and General Provisions › Section 79153.

79153. No action taken by the commission, or by any individual in accordance with 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.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 1 - Declarations and General Provisions › Section 79153.5.

79153.5. This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held 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. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 1 - Declarations and General Provisions › Section 79154.

79154. Opportunity exists for increasing the stability and reliability of the spiny lobster fishery. The success of those efforts is uniquely dependent upon effective fishery and resource management, fishery biological research, industry engagement in management decisions, and fishery promotion. A stable and reliable spiny lobster fishery provides an important source of jobs for many people in this state and economic activity in many small coastal communities, and serves to ensure the preservation of historically and culturally significant coastal dependent industry.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 1 - Declarations and General Provisions › Section 79154.5.

79154.5. The commission form of administration created by this chapter is uniquely situated to provide those engaged in the spiny lobster fishery the opportunity to avail themselves of the benefits of collective action within the broad fields of fishery management, resource protection and enhancement, harvesting and processing practices, and market development, expansion, and research necessary to achieve the purposes of this chapter.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 2 - Definitions › Section 79155.

79155. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 2 - Definitions › Section 79155.5.

79155.5. “Commission” means the California Spiny Lobster Commission.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 2 - Definitions › Section 79156.

79156. “Ex officio” means nonvoting members of the commission.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 2 - Definitions › Section 79156.5.

79156.5. “Fiscal year” and “marketing season” have the same meaning as the period of February 1 of any year and extending through January 31 of the following year.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 2 - Definitions › Section 79157.

79157. “Fisherman” or “fishermen” means a person licensed to commercially harvest fish pursuant to Section 7850 of the Fish and Game Code, who in addition holds a valid spiny lobster fishing permit, and has documented landings of spiny lobster in the previous marketing season.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 2 - Definitions › Section 79157.5.

79157.5. “Handler” means a person engaged with the following licensees:
(a) Licensed pursuant to Section 8033 of the Fish and Game Code.
(b) Licensed pursuant to Section 8034 of the Fish and Game Code.
(c) Licensed pursuant to Section 8035 of the Fish and Game Code.
(d) Licensed pursuant to subdivision (a) of Section 8032 of the Fish and Game Code.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 2 - Definitions › Section 79158.

79158. “Spiny lobster” means the Panulirus interruptus species.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)
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 25.5 - California Spiny Lobster Commission › ARTICLE 2 - Definitions › Section 79158.5.

79158.5. “Spiny lobster fishery” means any activity, including economic activity, involved in the harvesting, receiving, processing, manufacturing, or distributing of spiny lobster, parts of spiny lobster, or products therefrom, for commercial purposes.
(Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.)