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 11 - California Navel Orange Commission › ARTICLE 2 - Definitions › Section 73063.

73063. “Handle” means to engage in the business of a handler.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 2 - Definitions › Section 73064.

73064. “Handler” means any person who engages in the operation of selling or marketing navel oranges for fresh consumption which he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or broker or otherwise. It does not, however, include a retailer, except a retailer who purchases or acquires from, or handles on behalf of, any producer navel oranges which were not previously subject to regulation by the commission.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 2 - Definitions › Section 73065.

73065. “Independent handler” means a handler, other than a cooperative handler, who markets fruit for independent producers.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 2 - Definitions › Section 73066.

73066. “Independent producer” means a producer who markets his or her fruit primarily through an independent handler.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 2 - Definitions › Section 73067.

73067. “Market” or “marketing” means to sell or otherwise distribute navel oranges into commercial channels of trade for fresh consumption in a manner resulting in the sale of the navel oranges.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 2 - Definitions › Section 73068.

73068. “Marketing research” means any research relating to the sale of navel oranges.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 2 - Definitions › Section 73069.

73069. “Marketing season” or “fiscal year” means the period beginning October 1 of any year and extending through September 30 of the following year. However, the 1983–84 marketing season shall commence within 15 days after the election of the first commission members as provided in Article 5 (commencing with Section 73201).
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 2 - Definitions › Section 73070.

73070. “Producer” or “grower” means any person who is engaged within this state in the business of producing, or causing to be produced, navel oranges for market.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73101.

73101. There is in the state government the California Navel Orange Commission. The commission shall be composed of 12 producers who are not handlers, four handlers, and one public member.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73102.

73102. Six producers, one from each district shall be nominated and elected by and from independent producers. Six producers, one from each district shall be nominated and elected by and from cooperative producers.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73103.

73103. Except as provided in Section 73104, two cooperative handler members shall be nominated and elected by and from cooperative handlers. Two independent handler members shall be nominated and elected by and from independent handlers. No handler may be represented on the commission by more than one handler member.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73104.

73104. If a handler markets 50 percent or more of the volume of the navel oranges in the preceding marketing season, as annually determined by the director, the handler is entitled to nominate and elect two handler members. All other handlers subject to this chapter shall nominate and elect two handler members. Any handler with two handler members on the commission, who later is not entitled to elect two handler members, shall remove one of its two members and the member’s alternate in a manner prescribed by the commission. The vacancy shall be filled in accordance with Section 73112.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73105.

73105. The public member shall be appointed to the commission by the director from the nominees recommended by the commission.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73106.

73106. The director, citrus grower trade organizations primarily involved in issues affecting the orange industry, and other appropriate individuals and organizations, as determined by the commission, are ex officio members of the commission.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73107.

73107. (a) The director may require the commission to correct or cease any existing activity or function which is determined by the director not to be in the public interest or which is in violation of this chapter.
(b) If the commission refuses or fails to cease the activities or functions or to make the corrections as required by the director, the director may, upon written notice, suspend all or a portion of the activities or functions of the commission until the time that the cessation or correction of activities or functions required by the director has been accomplished by the commission.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73108.

73108. (a) Actions of the commission in violation of a written notice have no legal force or effect. The director, to the extent feasible, shall issue the written notice prior to the commission entering into any contractual relationship affecting the existing or proposed activities or functions which are the subject of the written notice.
(b) Upon service of the written notice, the director shall notify the commission, in writing, of the specific acts which he or she determines are not in the public interest or are in violation of this chapter and his or her reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and he or she may make recommendations that will make the activities or functions acceptable.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73109.

73109. The commission may bring an action for judicial relief from the director’s written notice, and the director may bring an action for judicial relief from noncompliance by the commission with the written notice, in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or other applicable relief.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73110.

73110. The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities under this chapter. However, the court may, if it finds that the director acted arbitrarily or capriciously in restricting the activities or functions of the commission, relieve the commission of the responsibility for payment of the director’s legal costs with regard to the action.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73111.

73111. Each member of the commission, except the ex officio members, shall have an alternate member elected in the same manner as the member.
An alternate member, in the absence of the member for whom he or she is alternate, shall serve in place of the member on the commission and shall have all the rights, privileges, and powers of the member when serving on the commission.
In the event of death, removal, resignation, or disqualification of a member, the alternate shall act as a member on the commission until a qualified successor is elected.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73112.

73112. Any vacancy on the commission occurring by the failure of any elected member or elected alternate member to continue in his or her position due to a change in status making him or her ineligible to serve, or due to death, removal, resignation, or disqualification, shall be filled for the unexpired portion of the term by appointment by a majority vote of the commission.
The person so appointed shall fulfill all the requirements set forth in this article for the member or the alternate member whose office he or she is to fill.
The qualification of any person to fill a vacancy on the commission shall be certified by the commission, in writing, to the director. The director shall notify the commission if he or she determines that the person is not qualified.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73113.

73113. Any producer member or his or her alternate shall be an individual, partner, or employee of a producer who has a financial interest in producing, or causing to be produced, navel oranges for market.
A producer member or alternate shall meet this requirement during the entire term of office.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73114.

73114. Any handler member or his or her alternate shall be an individual, partner, or employee of a handler who has a financial interest in handling navel oranges for market.
A handler member or alternate shall meet this requirement during the entire term of office.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73115.

73115. The public member or his or her alternate shall have all the powers, rights, responsibilities, and privileges of any other member on the commission.
The public member shall not have any financial interest in the navel orange industry during the entire term of office.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73116.

73116. (a) Except as provided in subdivision (b), the term of office of the elected commissioners is three years from the date of their election and until their successors are qualified and elected.
(b) With respect to the first elected members of the commission, one-third of the producers shall serve for one year, one-third of the producers and one cooperative handler and one independent handler shall serve for two years, and one-third of the producers and one cooperative handler and one independent handler shall serve for three years, with the determination of the term of each member to be made by lot.
(c) An elected commissioner shall not serve more than three consecutive terms.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73117.

73117. The public member shall serve a term of three years and shall remain on the commission after the expiration of three years until his or her successor is qualified and appointed.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73118.

73118. The commission shall be and is hereby declared and created as a corporate body.
It may sue and be sued, may contract and be contracted with, and has all of the powers of a corporation. It may adopt a corporate seal.
Copies of its proceedings, records, and acts, when authenticated, shall be admissible in evidence in all courts of the state and shall be prima facie evidence of the truth of all statements therein.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73119.

73119. A quorum of the commission is 12 voting commissioners. Except as provided in Sections 73061 and 73353, the commission may act by a vote of a majority of the members present at a meeting at which there is a quorum.
(Amended by Stats. 1987, Ch. 56, Sec. 56.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73120.

73120. The director or his or her representatives shall be notified of, and may attend, each meeting of the commission and any committee meeting of the commission. However, the director or his or her representative or any other ex officio member is not entitled to attend an executive session of the commission called for the purpose of discussing potential or actual litigation involving either the department or the organization represented by the ex officio member, as the case may be.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73121.

73121. When a decision of the commission requires the concurrence of the director, he or she shall indicate his or her response, in writing, to the commission within 15 working days from notification of the decision.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73122.

73122. No commissioner, including alternates, or a member of a committee established by the commission who is a nonmember of the commission, shall receive a salary.
Each commissioner and alternate, except ex officio governmental members, and each member of a committee who is a nonmember of the commission, may receive a sum of not to exceed one hundred dollars ($100) per day, as established by the commission, for each day spent in actual attendance at, or in traveling to and from, meetings of the commission or committees or on special assignment for the commission, as approved by the commission, together with the necessary traveling expenses and meal allowances, as approved by the commission.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73123.

73123. All funds received by any person from the assessments levied under the authority of this chapter, or otherwise received by the commission, shall be deposited in the banks or other appropriate financial institutions designated by the commission and shall be disbursed by order of the commission through the agent or agents that it designated for that purpose.
The agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business in this state, in favor of the commission, in the amount of not less than one hundred thousand dollars ($100,000).
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 3 - The California Navel Orange Commission › Section 73124.

73124. The state shall not be liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the commission are limited to the funds collected by the commission.
No member of the commission or alternate member, or any employee or agent thereof, is personally liable on the contracts of the commission or responsible individually in any way to any producer, any handler, or any other person for error in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, or employee, except for his or her own individual acts of dishonesty or crime.
The commission shall accept full responsibility to defend any member of the commission or alternate member, or any employee or agent thereof, against any such claim, except for individual acts of dishonesty or crime.
No commissioner or alternate member shall be held responsible individually for any act or omission of any other member of the commission. The liability of the commissioners are several and not joint, and no commissioner is liable for the default of any other commissioner.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73151.

73151. The powers and duties of the commission, subject to Sections 73107 and 73108, shall include, but are not limited to, all of the powers and duties specified in this article.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73152.

73152. The commission shall adopt and, from time to time, alter, rescind, modify, and amend in a manner prescribed by the commission, all proper and necessary bylaws, rules and regulations, and orders for carrying out this chapter, including rules for appeals from any bylaw, rule and regulation, or order of the commission.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73153.

73153. The commission shall administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably necessary for, the proper or advisable effectuation of the purposes of this chapter.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73154.

73154. The commission shall appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers that it deems necessary.
The officers have the powers and duties delegated to them by the commission.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73155.

73155. (a) The commission shall employ a manager to serve at the pleasure of the commission as president and chief executive officer of the commission, and other personnel, including legal counsel, that are necessary to carry out this chapter.
(b) In lieu of an individual as manager, the commission may contract with any private entity or state agency to perform, under the control of the commission, the functions specified in subdivision (a).
(c) If the manager, private entity, or state agency engages in any conduct which the director determines is not in the public interest or which is in violation of this chapter, the director shall notify the commission of the conduct and request that corrective and, if appropriate, disciplinary action be taken by the commission. If the commission fails or refuses to correct the situation or to take disciplinary action satisfactory to the director, the director may suspend or discharge the manager, private entity, or state agency, as the case may be.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73156.

73156. The commission shall fix the compensation for all employees of the commission.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73157.

73157. The commission may appoint committees which may be composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73158.

73158. The commission shall appoint a committee or committees to deal specifically with budget and advertising issues.
Commission members who pay the full assessment are entitled to a proportionately greater membership, as determined by the commission, on the committee or committees, than members who receive a brand credit as provided in Article 6 (commencing with Section 73251).
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73159.

73159. The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt of assessments for that year, that may be necessary, in the opinion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73160.

73160. The commission shall keep accurate books, records, and accounts of all of its dealings, which books, records, and accounts are subject to an annual audit by an auditing firm selected by the commission with the concurrence of the director. The audit shall be made a part of an annual report to all producers, copies of which shall also be submitted to the Legislature and the department.
In addition, the director may, as he or she determines it to be necessary, conduct or cause to be conducted a fiscal and compliance audit of the commission.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73161.

73161. The commission shall promote the sale of navel oranges by advertising and other promotional means, including cost-sharing advertising, to maintain and expand present markets and create new and larger markets for navel oranges, and to educate and instruct the public with respect to the uses, healthful properties, and nutritional value of navel oranges.
This authority, however, does not include cost-sharing advertising and cash incentives or discounts with the wholesale or retail trade, as defined by the commission.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73162.

73162. The commission shall educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling navel oranges, to make market surveys and analyses, and to present facts to, and negotiate with, private and public agencies on matters which affect the marketing of navel oranges.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73163.

73163. The commission may enter into contracts to render service in formulating and conducting plans and programs authorized under this chapter.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73164.

73164. The commission may conduct, and contract with others to conduct, marketing research, including the study, analysis, dissemination, and accumulation of information obtained from the research or from other sources.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73165.

73165. The commission may publish and distribute, without charge, bulletins or other communications for dissemination of information relating to commission activities and other related matters to producers and handlers.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73166.

73166. Pursuant to Section 73251, the commission shall establish an assessment rate to defray operating costs of the commission.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73167.

73167. The commission shall prepare an annual budget according to accepted accounting practices.
Except for disbursements to pay the compensation of the employees of the commission, no disbursement of funds shall be made unless the director concurs in the budget.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73168.

73168. The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized under this chapter, including advertising, promotion, and marketing research.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 4 - Powers and Duties of the Commission › Section 73169.

73169. The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for criminal violation of this chapter.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 73201.

73201. As soon as possible and no later than 60 days after the effective date of this chapter, the director shall establish a list of producers eligible to vote on implementation of this chapter. In establishing this list, the director may require each handler, with respect to those producers whose navel oranges the handler markets, and each county agricultural commissioner, with respect to the producer with bearing acreage within the county, to submit the name and mailing address of, and the volume, if known, shipped by, each producer. The request for this information shall be in writing. The information required by the director shall be filed within 30 days following receipt of the written notice.
Any producer, whose name does not appear upon the director’s list of producers affected, may have his or her name included on the list by filing with the director a signed statement identifying himself or herself as a producer. Failure to be on this list does not exempt the producer from paying assessments under this chapter.
Additionally, the director may use other sources of information necessary to secure that information to establish the list.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 73202.

73202. This chapter, except as necessary to conduct an implementation referendum, does not become operative until the director finds in a referendum conducted by the director, or a person designated by the director, that at least 40 percent of the total number of producers from the list established by the director pursuant to Section 73201, participated, and that he or she finds either one of the following:
(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of this chapter, and the producers so voting marketed a majority of the volume of navel oranges 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 volume of navel oranges in the preceding season by all of the producers who voted in the referendum.
(Amended by Stats. 2006, Ch. 538, Sec. 210. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 73203.

73203. The director 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 as 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. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 73204.

73204. Nonreceipt of a ballot does not invalidate a referendum.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 73205.

73205. If the director finds that a favorable vote has been given as provided in Section 73202, he or she shall certify and give notice of the favorable vote, and that this chapter is operative, to all producers whose names and addresses are on list of the director.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 73206.

73206. If the director finds that a favorable vote has not been given as provided in Section 73202, he or she shall so certify and declare this chapter to be inoperative.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 73207.

73207. 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 to the commission as provided for in Section 73102.
All producers on the director’s list shall be given written notice of the meetings at least 15 days prior to the meeting date.
Any producer with navel orange acreage in more than one district shall vote only in the district in which he or she has the majority of his or her bearing acreage.
Any producer who qualifies as both a cooperative producer and independent producer shall vote in the category of producers, either cooperative or independent, which reflects where the majority of that producer’s volume of navel oranges are to be marketed.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 73208.

73208. To be eligible for election to the commission, a producer nominee shall submit 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. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 73209.

73209. The director shall establish a list of handlers and shall, by mail ballot or by calling a meeting of all handlers, conduct the nomination and election of handlers to the commission as provided for in Sections 73103 and 73104.
Handlers shall be given written notice of the meeting at least 15 days prior to the meeting date.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 73210.

73210. Subsequent to the first election of commissioners under this chapter, persons to be elected to the commission shall be selected pursuant to the nomination and election procedures established by the commission with the concurrence of the director.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 73211.

73211. Prior to the implementation referendum conducted by the director pursuant to Section 73202, the proponents of the commission shall deposit with the director the amount that the director deems necessary to defray the expenses in creating the commission, including, but not limited to, preparing the necessary lists of producers and handlers and conducting the implementation referendum.
Any funds left after paying those expenses shall be returned to the proponents of the commission who deposited the funds with the director.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 5 - Implementation and Voting Procedures › Section 73212.

73212. Upon creation 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 creating the commission, including, but not limited to, preparing the necessary lists of producers and handlers and conducting the implementation referendum.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 6 - Assessments and Records › Section 73251.

73251. (a) The assessment on navel oranges for fresh consumption shall be established by the commission prior to the beginning of each marketing season and shall not exceed seven cents ($0.07) per carton during the 1983–84 marketing season. Thereafter, the assessment for each marketing season shall not exceed 5 percent of the industry average F.O.B. price of a packed carton reported by the federal Navel Orange Administrative Committee for the preceding three marketing seasons and shall be assessed on a cents-per-carton basis.
(b) If the Navel Orange Administrative Committee ceases to exist, the commission shall determine the average F.O.B. price of a packed carton using information from public and private sources as it deems appropriate.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 11 - California Navel Orange Commission › ARTICLE 6 - Assessments and Records › Section 73252.

73252. Any producer who pays an assessment to a cooperative handler or independent handler, and that producer markets his or her navel oranges and conducts an approved navel orange brand advertising program, shall receive a brand credit, thereby allowing the producer to deduct the amount of the credit from any payments otherwise owed to the commission as provided for under this chapter.
(Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)