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 15 - California Sheep Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 76298.

76298. 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. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 76311.

76311. (a) Not later than April 1, 1999, or as soon thereafter as possible, the secretary shall establish a list of producers eligible to vote on implementation of this chapter. In establishing the list, the secretary may require that handlers, producers, and others submit the names and mailing addresses of all producers. The secretary also may require that the information provided include the quantity of wool produced by each producer or, in the alternative, may establish procedures for receiving the information at the time of the referendum vote specified in Section 76312. The request for the information shall be in writing. The information shall be filed within 30 days following receipt of the written request.
(b) Any producer whose name does not appear on the secretary’s list may have his or her name established on the list by filing with the secretary a signed statement, identifying himself or herself as a producer. Failure to be on the list does not exempt the producer from paying assessments.
(c) Prior to the certification of a favorable vote as provided in Section 76315, the secretary shall allow producers to view the list of names of producers created pursuant to subdivision (a). The list shall be viewed only at the department and shall not be photocopied.
(Amended by Stats. 1998, Ch. 575, Sec. 4. 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 15 - California Sheep Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 76312.

76312. This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the director finds in a referendum vote conducted by the director that at least 40 percent of the total number of producers from the list established by the director pursuant to this article, participate, and that either of the following occurred:
(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of the provisions of this chapter, and the producers so voting marketed a majority of the total quantity of wool in the preceding season by all of the producers who voted in the referendum.
(b) A majority of the producers who voted in the referendum voted in favor of this chapter, and the producers so voting marketed 65 percent or more of the total quantity of wool in the preceding season by all of the producers who voted in the referendum.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 76313.

76313. The director shall establish a period in which to conduct the referendum which shall not be less than 10 days nor more than 60 days in duration, and may prescribe additional procedures that may be necessary to conduct the referendum. If the initial period established is less than 60 days, the director may extend the period, however the total referendum period may not exceed 60 days.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 76314.

76314. Nonreceipt of a ballot shall not invalidate a referendum.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 76315.

76315. If the director finds that a favorable vote has been given as provided in Section 76312, he or she shall certify and give notice of the favorable vote to all producers whose names and addresses may be on file with the director.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 76316.

76316. If the director finds that a favorable vote has not been given as provided in Section 76312, he or she shall certify and declare all provisions of this chapter inoperative.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 76317.

76317. Upon certification of the commission, the director shall contact all producers in each district by mail, or call meetings of producers in each district for the purpose of nominating and electing persons for appointment to the commission. All producers on the director’s list shall be given written notice of any election meetings at least 15 days prior to the meeting date.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 76318.

76318. To be eligible for election to the commission, producer nominees must present to the director a nomination petition with the signatures of at least 10 eligible producers from the district from which the nominee is seeking election.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 76319.

76319. Subsequent to the first election of members of the commission pursuant to this chapter, persons to be elected to the commission shall be selected pursuant to nomination and election procedures as shall be established by the commission with the concurrence of the director.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 76320.

76320. (a) Prior to the referendum vote conducted by the director pursuant to Section 76312, the proponents of the commission shall deposit with the director the amount that the director 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 76312 shall be returned to the proponents of the commission who deposited the funds with the director.
(c) Upon establishment of the commission, the commission is authorized to reimburse the proponents of the commission for any funds deposited with the director which were used in carrying out Section 76312, and for any legal expenses and costs incurred in establishing the commission.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 6 - Assessments and Records › Section 76341.

76341. (a) The commission shall, not later than March 31 of each year, or as soon thereafter as possible, establish the assessment for the following marketing year.
(b) The assessment for the first marketing year shall be six cents ($0.06) per pound on all wool marketed by producers.
(c) For the second and subsequent marketing years, the assessment shall not exceed eight cents ($0.08) per pound on all wool marketed by producers, as determined by the commission, unless a greater fee is approved by producers pursuant to the procedures specified in Section 76381.
(d) The commission may establish an assessment rate that is different for offsort wool or offsorts than for other wool, provided that the rate does not exceed the maximum assessment authorized in subdivision (c).
(e) The assessment rate for wool, other than offsort wool, shall not be increased by more than one-half of one cent ($0.005) each marketing year.
(f) A fee greater than twelve cents ($0.12) per pound may not be charged unless that fee is approved by the Legislature by statute.
(g) Assessments provided for in this section shall be upon the producer. The handler shall deduct the assessment from amounts paid by him or her to the producer and shall be a trustee of those funds until they are paid to the commission at the time and in the manner prescribed by the commission.
(Amended by Stats. 2001, Ch. 397, Sec. 10. Effective January 1, 2002.)
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 15 - California Sheep Commission › ARTICLE 6 - Assessments and Records › Section 76341.5.

76341.5. This chapter does not apply to the wool produced only for the producer’s home use. However, the producer shall file an affidavit with the commission establishing that he or she has not marketed the wool. The commission shall then determine whether the affidavit should be approved.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 6 - Assessments and Records › Section 76341.7.

76341.7. This article applies to wool that was removed from sheep after December 31, 1998.
(Added by Stats. 1999, Ch. 29, Sec. 1. Effective May 26, 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 15 - California Sheep Commission › ARTICLE 6 - Assessments and Records › Section 76342.

76342. Every handler shall keep a complete and accurate record of all wool handled with the name of the producer whose wool was handled. When the wool handled was acquired from a person who is not a producer, the handler shall determine from that person the name of the producer for the purposes of the records required by this section. The records shall be in simple form and contain information as the commission shall prescribe. The records shall be preserved by the handler for a period of five years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent.
(Amended by Stats. 2001, Ch. 397, Sec. 11. Effective January 1, 2002.)
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 15 - California Sheep Commission › ARTICLE 6 - Assessments and Records › Section 76343.

76343. All proprietary information obtained by the commission or the director from producers or handlers or any other source, and all lists of producers in the possession of the commission or the director are confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding regarding this chapter. Information on volume shipments, commodity value, and other related information which is required for reports to governmental agencies, financial reports made to the commission or aggregate sales and inventory information, and any other information which the handlers request from the commission to receive in total, excluding individual handler information, may be disclosed by the commission.
(Amended by Stats. 2001, Ch. 397, Sec. 12. Effective January 1, 2002.)
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 15 - California Sheep Commission › ARTICLE 6 - Assessments and Records › Section 76344.

76344. Every handler shall be personally liable for the payment of collected assessments and failure of a handler to collect the assessment from a producer shall not exempt the handler from liability.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 6 - Assessments and Records › Section 76345.

76345. Any assessment which is levied as provided for in this chapter is a personal debt of every producer so assessed. Failure of a handler to collect the assessment shall not relieve the producer of the obligation to pay the assessment.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 6 - Assessments and Records › Section 76346.

76346. Any producer or handler who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due and, in addition, 1
1
/
2
percent interest per month on the unpaid balance.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 6 - Assessments and Records › Section 76347.

76347. 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 failing to collect or make payment of assessments, of which a corporate handler may be subject to under this chapter, shall also include identical liability upon each director or officer of the corporation.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 7 - Actions and Penalties › Section 76361.

76361. It is unlawful for any person to do any of the following:
(a) Fail or refuse to render or furnish a report, statement, or record required by the commission.
(b) Willfully render or furnish a false report, statement, or record required by the commission.
(c) When engaged in the handling of wool, to fail or refuse to furnish the commission or its duly authorized agents, information concerning the name and address of the producers or other persons from whom wool has been received and the quantity so received.
(d) Secrete, destroy, or alter records required to be kept under this chapter.
(Amended by Stats. 2001, Ch. 397, Sec. 13. Effective January 1, 2002.)
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 15 - California Sheep Commission › ARTICLE 7 - Actions and Penalties › Section 76362.

76362. 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 director. The determination of the director shall be subject to judicial review upon petition, filed with the appropriate superior court.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 7 - Actions and Penalties › Section 76363.

76363. 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 rules and 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 rule or regulation of the commission, including, but not limited to, the nonpayment of assessments. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief.
A writ of attachment shall be issued pursuant to Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified 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 Section 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 the commodity subject to this chapter 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.
(Amended by Stats. 2001, Ch. 397, Sec. 14. Effective January 1, 2002.)
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 15 - California Sheep Commission › ARTICLE 8 - Continuation or Suspension and Termination › Section 76381.

76381. (a) Every five years, commencing with the 2004–05 marketing year, the secretary shall hold a hearing to determine whether the operation of this chapter shall be continued in effect. If the secretary finds, following the hearing, that a substantial question exists among producers assessed under this chapter as to whether the operation of this chapter shall be continued in effect, the secretary shall conduct a referendum vote among producers to determine whether the operation of this chapter shall be approved and continued in effect. A favorable vote under this section shall be found if the secretary determines from the referendum that a majority of the eligible producers voting in the referendum voted in favor of continuing the operations of this chapter.
(b) If the secretary finds, following the referendum vote, that a favorable vote has been given as provided in subdivision (a), the secretary shall so certify and this chapter shall remain in operation. If the secretary finds that a favorable vote has not been given as provided in subdivision (a), the secretary shall so certify and declare the operation of this chapter and the commission suspended upon expiration of the then current marketing year. At that time, the operations of the commission shall be concluded and funds distributed in the manner provided in Section 76383.
(Repealed and added by Stats. 1998, Ch. 575, Sec. 7. 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 15 - California Sheep Commission › ARTICLE 8 - Continuation or Suspension and Termination › Section 76382.

76382. If a petition is filed as provided in Section 76382.5, the secretary shall hold a hearing pursuant to Section 76381 prior to conducting the referendum authorized by Section 76382.5.
(Repealed and added by Stats. 1998, Ch. 575, Sec. 9. 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 15 - California Sheep Commission › ARTICLE 8 - Continuation or Suspension and Termination › Section 76382.5.

76382.5. Upon a finding by a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the director that the operation of this chapter be suspended. However, any suspension shall not become effective until the expiration of the current marketing season. The director shall, upon receipt of the recommendation, or may after a public hearing to review a petition filed with him or her requesting a suspension and signed by 20 percent of the producers by number who produced not less than 20 percent of the volume of wool in the immediately preceding season, hold a referendum among the producers to determine if the operations of the commission shall be suspended. However, the director shall not hold a referendum as a result of the petition unless the petitioner shows, by the weight of evidence, that the operation of this chapter has not tended to effectuate its declared purposes. The director shall establish a referendum period, which shall not be less than 10 days nor more than 60 days in duration. The director may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the established referendum period, the director shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers from the list established by the director participate in the referendum, the director shall suspend the operation of this chapter if he or she finds either one of the following has occured:
(a) Sixty-five percent or more of the producers, who voted in the referendum, voted in favor of suspension, and the producers so voting marketed 50 percent or more of the total quantity of wool marketed in the preceding marketing season by all of the producers who voted in the referendum.
(b) A majority of the producers who voted in the referendum voted in favor of suspension, and the producers so voting marketed 65 percent or more of the total quantity of wool marketed in the preceding marketing season by all of the producers who voted in the referendum.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 15 - California Sheep Commission › ARTICLE 8 - Continuation or Suspension and Termination › Section 76382.6.

76382.6. The secretary shall terminate the commission at the end of the current marketing year if the secretary finds that the termination of the commission is requested in writing, within a 90-day period, by at least 51 percent of the eligible producers that are directly affected that produce at least 51 percent of the volume of the product.
The person or persons originating the request shall file a written notice with the secretary in a manner that establishes the date the request is initiated. Any person may withdraw his or her name from the petition requesting the termination prior to the time the request is presented to the secretary.
The signatures to the petition requesting the termination need not all be appended to one sheet of paper. Each person signing the petition shall add to his or her signature his or her place of business, giving street and number. If no street and number exist, then a designation of the place of business shall be given which will enable the location to be readily ascertained.
The petition shall bear a copy of the notice of intention. Signatures shall be secured within the time limit specified in this section.
(Amended by Stats. 1998, Ch. 575, Sec. 10. 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 15 - California Sheep Commission › ARTICLE 8 - Continuation or Suspension and Termination › Section 76383.

76383. After the effective date of suspension of the operation of this chapter, the operation of the commission shall be concluded and any and all funds remaining held by the commission, collected by assessment and not required to defray the expenses of concluding and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding marketing year. However, if the commission finds that the amounts so 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 program conducted by the University of California or the California State University system, another state agency, or a federal agency that deals with the purposes of this chapter. If no program exists, the funds shall be paid into the State Treasury as unclaimed trust funds.
(Amended by Stats. 1998, Ch. 575, 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 15 - California Sheep Commission › ARTICLE 8 - Continuation or Suspension and Termination › Section 76384.

76384. Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all producers affected by the suspension whose names and addresses are on file.
(Added by Stats. 1985, Ch. 1102, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76501.

76501. This chapter shall be known and may be cited as the “California Salmon Marketing and Development Act.”
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76502.

76502. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76510.

76510. “Council” means the California Salmon Council.
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76511.

76511. “Commercial salmon vessel operator” is a commercial fisherman who operates a commercial salmon vessel for which a valid commercial salmon vessel permit has been issued pursuant to Article 4.5 (commencing with Section 8230) of Chapter 2 of Part 3 of Division 6 of the Fish and Game Code.
(Added by Stats. 1989, Ch. 53, Sec. 1. Effective June 22, 1989.)
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 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76520.

76520. “Exporter” means any individual who is, or an individual working for a partnership, corporation, or any other business unit or organization which is, engaged in the export to a foreign nation or nations of salmon which has been landed in California.
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76525.

76525. “Fiscal year” means from April 1 of a year to March 31 of the next succeeding year.
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76530.

76530. “Fisherman” means an individual licensed to commercially harvest fish pursuant to Sections 7850 to 7852, inclusive, of the Fish and Game Code.
(Amended by Stats. 1989, Ch. 53, Sec. 2. Effective June 22, 1989.)
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 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76535.

76535. “Handler” means any of the following:
(a) A processor.
(b) A receiver.
(c) A wholesaler.
(d) An exporter.
(e) An individual licensed or working for a partnership, corporation, or any other business unit or organization licensed pursuant to subdivision (a) of Section 8032 of the Fish and Game Code and engaged in the California commercial salmon fishery.
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76537.

76537. “Individual” means a person, as defined in Section 64506.
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76540.

76540. “Marketing association” means any commercial fishermen’s organization established on either a local, county, or statewide level, incorporated in this state, to enable fishermen to collectively negotiate and issue orders and agreements with receivers for the purchase of their catches, or to otherwise engage in activities permitted of agricultural cooperatives, and whose members are involved in the salmon fishery.
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76550.

76550. “Processor” means any individual licensed or working for a partnership, corporation, or any other business unit or organization licensed pursuant to Section 8034 of the Fish and Game Code and engaged in the California commercial salmon fishery.
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76560.

76560. “Receiver” means any individual licensed or working for a partnership, corporation, or any other business unit or organization licensed pursuant to Section 8033 of the Fish and Game Code and engaged in the California commercial salmon fishery.
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76570.

76570. “Salmon” means the following species of fish:
(a) King or chinook salmon (Oncorhynchus tshawytscha).
(b) Silver or coho salmon (Oncorhynchus kisutch).
(c) Pink or humpback salmon (Oncorhynchus gorhuscha).
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76571.

76571. “Salmon fishery” means either of the following:
(a) One or more species of salmon taken offshore California with troll lines for commercial usage, treated as a unit for the purposes of conservation, restoration, management, marketing, or promotion.
(b) Any economic activity involving the harvesting, receiving, processing, manufacturing, or distributing of salmon described in subdivision (a) and products therefrom.
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76572.

76572. “Salmon products” means any item manufactured which contains 50 percent or more of salmon flesh or parts from salmon, including the head, scales, skin, bone, or entrails, and which is intended for human consumption, medicine, animal feed, fertilizer, or other purposes.
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 1 - Short Title and Definitions › Section 76580.

76580. “Wholesaler” means any individual licensed or working for a partnership, corporation, or any other business unit or organization licensed pursuant to Section 8035 of the Fish and Game Code and engaged in the California commercial salmon fishery.
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 2 - General Provisions › Section 76600.

76600. The Legislature finds and declares that this chapter is enacted in the exercise of the power of this state for the purposes of protecting and furthering the public health and welfare.
(Amended by Stats. 2015, Ch. 307, Sec. 18. (AB 958) Effective January 1, 2016.)
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 16 - California Salmon Council › ARTICLE 2 - General Provisions › Section 76601.

76601. The Legislature further finds and declares that the salmon fishery of this state is affected with a public interest, in that, among other things:
(a) The harvesting, processing, manufacturing, and distributing of salmon and salmon products constitute a paramount industry of this state, which not only provides substantial and required revenues for the state and its political subdivisions and employment and a means of livelihood for many thousands of its population, but which also furnishes essential foods that are vital to the public health and welfare.
(b) The development of the salmon fishery requires, in addition to the protection and restoration of spawning and nursery habitat in rivers, rearing programs designed to rebuild salmon populations, the full utilization and efficient operation of mitigation fish hatcheries, and existing regulations that assure adequate returns of spawning salmon, an aggressive marketing program, and a program to allow for the purchase, during years of low abundance, of the allocation of fish provided to other salmon users in order to assure that the commercial salmon fishery has the maximum access to healthy salmon populations.
(c) The stabilization, maintenance, and expansion of the salmon fishery of California, and of the state, nationwide, and foreign markets for its products are necessary to assure the consuming public an adequate supply of foods which are indispensable in a proper human diet, to protect, for the state and its political subdivisions, a necessary source of tax revenue, to provide and maintain an adequate standard of living for a segment of the population of this state, to maintain proper wage scales for those engaged in the salmon fishery, and to maintain existing employment.
(d) The essentiality of salmon, low in fat and calories and naturally rich in Omega 3 fatty acids, in proper human nutrition and to the maintenance of a high level of public health is such as to require that the public be made thoroughly aware thereof, and be protected against misrepresentation and deception, by the dissemination of accurate and scientific information relative to the healthful qualities of salmon and salmon products, their various classifications and the food values and industrial and medicinal uses thereof, the methods, care and precautions necessary to their proper harvesting, processing, manufacturing, and distributing, and the necessary costs and expenses thereof, and the necessity and desirability on the part of the public of using and consuming salmon and salmon products of the highest standards of quality.
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 2 - General Provisions › Section 76602.

76602. The Legislature declares that the purposes of this chapter are as follows:
(a) Enable the salmon fishery, with the aid of the state, to develop, maintain, and expand the state, nationwide, and foreign markets for salmon and salmon products harvested, processed, manufactured, sold, or distributed in this state for human consumption, and the use and consumption of salmon and salmon products in those markets.
(b) Enable the salmon fishery to purchase, where there are willing sellers, the allocation rights to harvest salmon, as they may exist, of other salmon user groups to provide fishermen, and thereby the salmon fishery, greater access to salmon stocks than otherwise may have been provided pursuant to a conservation, management, or allocation agreement.
(c) In aid, but not in limitation, of the purpose in subdivision (a), authorize and enable the secretary to formulate and effectuate, directly or in cooperation with other agencies, organizations, including the Oregon Salmon Commission, and instrumentalities that are specified in this chapter, sales stimulation and consumer or other educational programs designed to increase the use and consumption of salmon and salmon products for human consumption.
(d) Provide funds for the administration and enforcement of this chapter by mandatory fees to be collected in the manner prescribed in this chapter.
(Amended by Stats. 2015, Ch. 307, Sec. 19. (AB 958) Effective January 1, 2016.)
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 16 - California Salmon Council › ARTICLE 2 - General Provisions › Section 76603.

76603. This chapter shall be liberally construed.
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 2 - General Provisions › Section 76604.

76604. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Amended by Stats. 2015, Ch. 307, Sec. 20. (AB 958) Effective January 1, 2016.)
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 16 - California Salmon Council › ARTICLE 2 - General Provisions › Section 76605.

76605. A violation of this chapter is a misdemeanor.
(Added by Stats. 1988, Ch. 1500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 16 - California Salmon Council › ARTICLE 3 - Administration › Section 76650.

76650. The secretary shall administer and enforce this chapter, and may exercise any of the administrative powers that are conferred by Sections 11180 to 11191, inclusive, of the Government Code upon a head of a department. In order to effectuate the declared purposes of this chapter, the secretary may contract to carry out the declared intent and purposes of this chapter.
(Amended by Stats. 2015, Ch. 307, Sec. 21. (AB 958) Effective January 1, 2016.)
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 16 - California Salmon Council › ARTICLE 3 - Administration › Section 76651.

76651. Upon recommendation by the council, the secretary may adopt, consistent with this chapter, any regulations that cover the administration and enforcement of this chapter that may be necessary to carry out the purposes and attain the objectives of this chapter, except the secretary shall not engage in any salmon promotion activity or pursue the purchase of allocation rights to harvest salmon without the approval of a majority of the voting members of the council.
(Amended by Stats. 2015, Ch. 307, Sec. 22. (AB 958) Effective January 1, 2016.)
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 16 - California Salmon Council › ARTICLE 3 - Administration › Section 76652.

76652. Upon the adoption of any regulations under this chapter, a copy of the regulations shall be displayed on the department’s Internet Web site. No regulation shall become effective until five days after the date of display on the Internet Web site and mailing to every marketing association and every receiver that is directly affected by the regulations whose name and address may be on file in the office of the secretary and to every person who files in the office of the secretary a written request for a copy of the regulations.
(Amended by Stats. 2015, Ch. 307, Sec. 23. (AB 958) Effective January 1, 2016.)
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 16 - California Salmon Council › ARTICLE 4 - California Salmon Council › Section 76700.

76700. (a) There is in the state government the California Salmon Council. The council shall be composed of nine voting members and their alternates, and three nonvoting members.
(b) If handlers have become subject to this chapter pursuant to Article 9.5 (commencing with Section 76961), the council shall be composed of 11 voting members and their alternates, and three nonvoting members.
(Amended by Stats. 2015, Ch. 307, Sec. 24. (AB 958) Effective January 1, 2016.)
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 16 - California Salmon Council › ARTICLE 4 - California Salmon Council › Section 76701.

76701. (a) The voting members of the council shall be appointed by the secretary, after consultation with the Director of Fish and Wildlife, giving due consideration to proper geographic distribution.
(b) The nine members shall include:
(1) Five commercial salmon vessel operators or their representatives, and their alternates.
(2) Two handlers who are receivers or processors or their representatives, and their alternates.
(3) One representative of a handler who is an exporter or a wholesaler, and an alternate.
(4) One public member, and an alternate.
(c) If handlers become subject to this chapter pursuant to Article 9.5 (commencing with Section 76961), the 11 members shall include:
(1) Five commercial salmon vessel operators or their representatives, and their alternates.
(2) Three handlers who are receivers or processors or their representatives, and their alternates.
(3) Two representatives of a handler who is an exporter or a wholesaler, and their alternates.
(4) One public member, and an alternate.
(Amended by Stats. 2015, Ch. 307, Sec. 25. (AB 958) Effective January 1, 2016.)