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 5 - California Avocado Commission › ARTICLE 6 - Assessments and Records › Section 67101.

67101. The commission shall, not later than November 1 of each year, establish the assessment for the following marketing season beginning November 1st and ending October 31st. In no event shall the assessment exceed 6
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percent of the gross dollar value of the year’s sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Expenditures for administrative purposes within the maximum assessment shall not exceed 2
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2
percent of the gross dollar value of sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Assessments provided for in this section shall be upon the producer. The handler shall deduct that assessment from either amounts paid by him or her to the producer or amounts retained by him or her if the handler is also the producer, and the handler 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.
In no event shall the combined assessment of the commission and any state marketing order exceed 6
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percent of the gross value of the year’s sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers.
(Amended by Stats. 2002, Ch. 946, Sec. 47. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 6 - Assessments and Records › Section 67102.

67102. This chapter does not apply to producers who produce avocados on a noncommercial basis for the producer’s home use or where the avocado trees are used only for ornamental purposes. Producers from whom assessments are collected may apply for the refund of assessment payments following the close of any marketing season in which payments have been made, and the commission shall refund assessment payments if the producer demonstrates to the satisfaction of the commission that the avocados were produced for noncommercial purposes.
(Amended by Stats. 2002, Ch. 946, Sec. 48. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 6 - Assessments and Records › Section 67103.

67103. Handlers shall keep a complete and accurate record of all avocados shipped by him or her and the name of the producer whose avocados were shipped. The records shall be in simple form and contain such information as the commission shall prescribe. The records shall be preserved by the handler for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent.
(Amended by Stats. 2002, Ch. 946, Sec. 49. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 6 - Assessments and Records › Section 67104.

67104. All the proprietary information obtained by the commission or the secretary from handlers, including, but not limited to, the names and addresses of producers, is confidential and shall not be disclosed except when required by a court order in a judicial proceeding involving this chapter. Information on volume shipments, inventory, crop value, and any other information which is required for reports to governmental agencies and the commission, and other information which the handlers request from the commission that gives only totals, excluding individual handler information, may be disclosed by the commission so long as the information excludes individual handler data which shall be kept confidential as provided in this section.
(Amended by Stats. 2002, Ch. 946, Sec. 50. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 6 - Assessments and Records › Section 67105.

67105. All assessments shall be paid to the commission by the handler first handling avocados who shall be primarily and personally liable for the payment of the assessment. Failure of the handler to collect the assessment from any producer shall not exempt the handler from that primary liability. Any producer or handler subject to this section who fails to file a return or pay any assessment within the time required shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, 1
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-percent interest per month on the unpaid balance.
(Amended by Stats. 2002, Ch. 946, Sec. 51. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 6 - Assessments and Records › Section 67107.

67107. The commission shall reimburse the secretary for all expenditures incurred by the secretary carrying out his or her duties and responsibilities under this chapter, except for the expenses incurred for any action under Section 67051.6.
(Amended by Stats. 2002, Ch. 946, Sec. 53. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 7 - Actions and Penalties › Section 67111.

67111. It shall be a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding five thousand dollars ($5,000), or by both the fine and imprisonment, for any person to do any of the following:
(a) Willfully to render or furnish a false report, statement, or record required by the commission.
(b) Willfully fail to render or furnish a report, statement, or record required by the commission.
(c) Secrete, destroy, or alter records required to be kept under this chapter.
(Amended by Stats. 2002, Ch. 946, Sec. 54. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 7 - Actions and Penalties › Section 67112.

67112. The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission or before a committee of the commission designated for that purpose. Appeals from decisions of the commission may be made to the secretary. The determination of the secretary shall be subject to judicial review upon a petition filed with the appropriate superior court.
(Amended by Stats. 2002, Ch. 946, Sec. 55. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 7 - Actions and Penalties › Section 67112.5.

67112.5. (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and to obtain injunctive relief or specific performance, with respect to this chapter and the rules and regulations adopted under this chapter.
(b) 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.
(c) A writ of attachment shall be issued pursuant to Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified by Section 485.010 is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or of inadequate remedy at law specified by Section 526 or 527 is not required.
(d) 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 avocados until there is full compliance with and satisfaction of the judgment.
(e) The commission is entitled, upon a favorable judgment for the commission, to receive reimbursement for any reasonable attorney’s fees and other actual related costs incurred in any action commenced by the commission for the enforcement of this chapter. Venue for actions commenced by the commission may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office.
(Added by Stats. 2002, Ch. 946, Sec. 56. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 7 - Actions and Penalties › Section 67113.

67113. It is not necessary for the commission to allege or prove that an adequate remedy at law does not exist in any action brought under this chapter.
(Added by Stats. 1983, Ch. 1279, Sec. 14.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 7 - Actions and Penalties › Section 67114.

67114. This chapter shall be liberally construed. If any section, clause, or part of this chapter is for any reason held to be unconstitutional or invalid as applied to any person or as applied under certain circumstances, that decision shall not affect the remaining portions of this chapter or the application of this chapter to any other persons or under any other circumstance.
(Added by Stats. 1983, Ch. 1279, Sec. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 8 - Implementation, Continuation, or Suspension and Termination › Section 67121.

67121. This chapter, except as necessary to conduct such vote, shall not become operative until the secretary finds, in a referendum conducted by the secretary in which at least 40 percent of the total number of producers, from the list established by the secretary, producing at least 40 percent of the total volume of avocados marketed during the last completed marketing season participate, either one of the following:
(a) Sixty-five percent or more of the producers certified by the secretary who voted in the referendum, voted in favor of this chapter, and the producers so voting marketed 51 percent or more of the total quantity of avocados marketed in the preceding marketing season by all of the producers who voted in the referendum.
(b) Fifty-one percent or more 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 avocados marketed in the preceding marketing season by all of the producers who voted in the referendum.
(Amended by Stats. 2002, Ch. 946, Sec. 57. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 8 - Implementation, Continuation, or Suspension and Termination › Section 67122.

67122. The secretary 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 any additional procedure as may be necessary to conduct the referendum.
(Amended by Stats. 2002, Ch. 946, Sec. 59. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 8 - Implementation, Continuation, or Suspension and Termination › Section 67123.

67123. Nonreceipt of a ballot shall not invalidate the referendum.
(Amended by Stats. 2002, Ch. 946, Sec. 60. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 8 - Implementation, Continuation, or Suspension and Termination › Section 67124.

67124. If the secretary finds that a favorable vote has been given as provided in Section 67122, he or she shall certify and give notice of that favorable vote to all producers and handlers whose names and addresses may be on file with the secretary. This chapter shall become operative on the 15th day after certification by the secretary and publication to producers and handlers.
(Amended by Stats. 2002, Ch. 946, Sec. 61. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 8 - Implementation, Continuation, or Suspension and Termination › Section 67125.

67125. If the secretary finds that assent has not been given as provided in Section 67121, he or she shall so certify and declare all provisions of this chapter inoperative.
(Amended by Stats. 2002, Ch. 946, Sec. 62. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 8 - Implementation, Continuation, or Suspension and Termination › Section 67126.

67126. Prior to holding the referendum, sureties shall post a bond or security, acceptable to the secretary, in an amount which the secretary shall determine to be sufficient to pay the cost of the referendum should the election determine that the operation of this chapter is to be suspended.
(Amended by Stats. 2002, Ch. 946, Sec. 63. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 9 - Continuation and Suspension and Termination › Section 67131.

67131. Between November 1, 1980, and October 31, 1981, and every fifth year thereafter, the secretary shall cause a referendum to be conducted by the commission among producers to determine whether this chapter shall be reapproved and continued in effect. The operations of this chapter shall be reapproved and continued in effect if the secretary finds that a majority of the eligible growers voting in the referendum voted in favor of continuing the operations of this chapter. If the secretary finds that a favorable vote has been given, he or she shall so certify and this chapter shall remain effective. If the secretary finds that a favorable vote has not been given, he or she shall so certify and declare this chapter and the commission suspended upon the expiration of the then-current marketing season. Thereupon, the operations of the commission shall be wound up and funds distributed in the manner provided in Section 67133. No bond or security shall be required for the referendum.
(Amended by Stats. 2002, Ch. 946, Sec. 64. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 9 - Continuation and Suspension and Termination › Section 67132.

67132. Upon the finding of nine voting members of the commission if the commission consists of three or four districts, or of 10 voting members of the commission if the commission consists of five districts, that this chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the operations of the commission be suspended, provided that the suspension shall not become effective until the expiration of the current marketing season. The secretary shall, upon receipt of the recommendation, or upon a petition filed with him or her requesting the suspension, signed by 15 percent of the producers by number who produced not less than 15 percent of the volume in the immediately preceding year, cause a referendum to be conducted among the listed producers to determine if the operation of this chapter and the operations of the commission shall be suspended, and shall establish a referendum period, which shall not be less than 10 days nor more than 60 days in duration. The secretary is authorized to prescribe any additional procedure necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers, on a list established by the secretary, marketing 40 percent of the total volume marketed by all producers during the last completed marketing season, participate in the referendum, the secretary shall suspend this chapter upon the expiration of the current marketing season, if 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 the suspension, and the producers so voting marketed 51 percent or more of the total quantity of avocados marketed in the preceding marketing season by all of the producers who voted in the referendum.
(b) Fifty-one percent or more 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 avocados marketed in the preceding season by all of the producers who voted in the referendum.
(Amended by Stats. 2017, Ch. 561, Sec. 66. (AB 1516) Effective January 1, 2018.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 9 - Continuation and Suspension and Termination › Section 67133.

67133. After the effective date of suspension of this chapter and of the commission, the operations of the commission shall be wound up, and any asset of the commission shall be liquidated and the proceeds, along with any and all moneys remaining held by the commission, collected by assessment and not required to defray the expenses of winding up and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding current marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of a pro rata refund to those persons, any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid to any existing state or federally authorized avocado program. If no program exists, the moneys shall be paid into the State Treasury as unclaimed trust moneys.
(Amended by Stats. 2002, Ch. 946, Sec. 68. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 9 - Continuation and Suspension and Termination › Section 67134.

67134. Upon suspension of this chapter and the commission, a notice shall be issued by the secretary, and a copy of the notice shall be published in a newspaper of general circulation in each district. The commission shall provide a copy of the notice of suspension to all producers and handlers affected by the suspension whose names and addresses are on file.
(Amended by Stats. 2015, Ch. 307, Sec. 17. (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 5 - California Avocado Commission › ARTICLE 10 - Quality Standards › Section 67140.

67140. The commission may recommend to the secretary the adoption of avocado quality standards or engage in any other activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21) that is in accordance with the procedures specified in that act, unless otherwise specified in this article.
(Amended by Stats. 2002, Ch. 946, Sec. 70. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 10 - Quality Standards › Section 67141.

67141. Any standards or activities adopted pursuant to this article shall be implemented by the secretary at the beginning of the marketing season next succeeding the date in which they were approved by the secretary.
(Amended by Stats. 2002, Ch. 946, Sec. 71. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 10 - Quality Standards › Section 67142.

67142. Any standards or activities recommended by the commission and concurred in by the secretary, shall not be operative until approved in the manner specified in Section 67121.
(Amended by Stats. 2002, Ch. 946, Sec. 72. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 5 - California Avocado Commission › ARTICLE 10 - Quality Standards › Section 67143.

67143. The commission shall serve as the advisory body to the secretary on all matters pertaining to this article.
(Amended by Stats. 2002, Ch. 946, Sec. 73. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 1 - Declaration and General Provisions › Section 68001.

68001. The kiwifruit industry in this state is expanding and can constitute one of California’s principal fruit crops. The industry can provide an important source of employment for many people in the state, a high proportion of whom are from underprivileged and historically deprived segments of the population.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 1 - Declaration and General Provisions › Section 68002.

68002. As an exotic subtropical fruit, the kiwifruit is not heavily consumed in this country or abroad. Opportunity exists for continued growth and expansion of the industry, by creating new markets in such areas. The success of such an expansion program is uniquely dependent upon effective advertising and promotion, since the creation of new markets is essentially a matter of educating people to the use of a previously unknown or unrecognized food.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 1 - Declaration and General Provisions › Section 68003.

68003. The establishment of a California Kiwifruit Commission is necessary for the efficient development and management of a national and international advertising program and essential to ensure that the California kiwifruit industry can compete successfully in the marketplace.
(Amended by Stats. 1981, Ch. 606, 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 6 - California Kiwifruit Commission › ARTICLE 1 - Declaration and General Provisions › Section 68004.

68004. The production and marketing of kiwifruit produced in this state is hereby declared to be affected with public interest. The provisions of this chapter are enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 1 - Declaration and General Provisions › Section 68005.

68005. A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and production research.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 1 - Declaration and General Provisions › Section 68006.

68006. No action taken by the commission, nor by any individual in accordance with this chapter or with rules or regulations adopted under the chapter, shall be deemed a violation of the Cartwright Act, the Unfair Practices Act, the Fair Trade Act, or any rule of statutory or common law against monopolies or combinations in restraint of trade.
(Amended by Stats. 1981, Ch. 606, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68021.

68021. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68022.

68022. “Kiwifruit” means any variety of kiwifruit (“Kiwi,” “Chinese Gooseberry,” or species Actinidia deliciosa) produced in the state, including any kiwifruit delivered to a processor for processing into any kiwifruit product.
(Amended by Stats. 1993, Ch. 1127, Sec. 1. Effective October 11, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68023.

68023. “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to the provisions of this chapter.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68025.

68025. “Commission” means the California Kiwifruit Commission.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68026.

68026. “Commissioner” means any member of the commission.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68027.

68027. “Distribute” means to engage in the business of a distributor.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68028.

68028. “Distributor” means any person who engages in the operation of selling, marketing, or distributing kiwifruit which he has produced or purchased or acquired from a producer, or which he is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. When the distributor is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for failure to collect or make payment of assessments of which a corporate distributor may be subject pursuant to this chapter shall include identical liability upon each individual director or officer of the corporation. It does not, however, include a retailer, except a retailer who purchases or acquires from, or handles on behalf of any producer, kiwifruit which was not previously subject to assessment by the commission.
(Amended by Stats. 1985, Ch. 1004, Sec. 6. Effective September 26, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68029.

68029. “Secretary” means the Secretary of Food and Agriculture.
(Amended by Stats. 1995, Ch. 727, Sec. 1.5. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68030.

68030. “Districts” shall consist of the following:
(a) District 1 consists of Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Tehama, Mendocino, Glenn, Butte, and Plumas Counties.
(b) District 2 consists of Lake, Colusa, Sutter, Yolo, Napa, Sonoma, Marin, and Solano Counties.
(c) District 3 consists of Sierra, Yuba, Nevada, Placer, El Dorado, Alpine, Amador, and Sacramento Counties.
(d) District 4 consists of Contra Costa, Alameda, Santa Clara, Santa Cruz, San Benito, San Francisco, San Mateo, and Monterey Counties.
(e) District 5 consists of San Joaquin, Calaveras, Tuolumne, Mono, Mariposa, Stanislaus, and Merced Counties.
(f) District 6 consists of Madera, Fresno, Kings, Tulare, Inyo, and Kern Counties.
(g) District 7 consists of San Luis Obispo, Santa Barbara, and Ventura Counties.
(h) District 8 consists of San Bernardino, Riverside, Orange, Los Angeles, San Diego, and Imperial Counties.
The boundaries of any district may be changed by a two-thirds vote of the commission, which is concurred in by the secretary, when necessary to maintain similar total production among the districts, and to insure proper representation by producers. These boundaries need not coincide with county lines.
(Amended by Stats. 1995, Ch. 727, Sec. 2. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68031.

68031. “Ex officio member” shall be a nonvoting member of the commission.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68032.

68032. “Handle” means to engage in the business of a handler as defined in Section 68033.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68033.

68033. “Handler” means any person engaged, within this state, as a distributor in the business of distributing kiwifruit or any person engaged as a processor in the business of processing kiwifruit and employees thereof so engaged.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68034.

68034. “Independent handler” means a handler who primarily handles fruit for an independent producer or grower.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68034.5.

68034.5. “Cooperative handler” means a handler who primarily handles fruit for a cooperative producer or grower.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68036.

68036. “Marketing research” means any research relating to the sale of kiwifruit.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68037.

68037. “Marketing season” or “fiscal year” means the period beginning October 1 of any year and extending through September 30 of the following year.
(Amended by Stats. 1981, Ch. 606, Sec. 7.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68038.

68038. “Nonprofit cooperative association” or “cooperative” means any corporation which is organized pursuant to Chapter 1 (commencing with Section 54001) of Division 20.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68039.

68039. “Processor” means any person engaged, within this state, in the operation of canning, fermenting, distilling, extracting, preserving, grinding, crushing, or in any other manner changing the form of kiwifruit for the purpose of preparing it for market and marketing the kiwifruit, or who is engaged in any activities which are performed for the purpose of marketing processed kiwifruit. When the processor is a corporation, all of the directors and officers of the corporation in their capacity as individuals are included, and any liability for failure to collect or make payment of assessments to which a corporate processor may be subject pursuant to this chapter includes the same liability for each individual director or officer of the corporation.
The term “processor” does not, however, include a person who is engaged in manufacturing from kiwifruit so changed in form another and different product.
(Amended by Stats. 1985, Ch. 1004, Sec. 7. Effective September 26, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68040.

68040. “Process” means to engage in the business of a processor.
(Added by Stats. 1979, Ch. 1027.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68041.

68041. “Producer” or “grower,” means any person who is engaged, within this state, in the business of producing, or causing to be produced for market, kiwifruit, who shall, upon request, provide proof of commodity sale and proof of assessment payment during the preceding marketing season, or provide adequate proof, as determined by the commission, of actual or anticipated commodity sale and assessment payment during the existing marketing season.
(Amended by Stats. 1983, Ch. 525, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68042.

68042. “Production research” means any research related to the production, harvest, and post harvest handling of kiwifruit, other than marketing research.
(Amended by Stats. 1981, Ch. 606, Sec. 10.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68043.

68043. “Sale” means the point at which the producer transfers title to the kiwifruit in exchange for financial compensation or other valuable consideration. A sale may occur even though the kiwifruit purchased is not placed in normal marketing channels.
(Added by Stats. 1981, Ch. 606, Sec. 12.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 2 - Definitions › Section 68044.

68044. “Tray” means a receptacle used in the packaging or handling of kiwifruit.
(Added by Stats. 1985, Ch. 1004, Sec. 8. Effective September 26, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 3 - The California Kiwifruit Commission › Section 68051.

68051. There is in the state government the California Kiwifruit Commission, a state agency operating under authority of this chapter. The commission shall be composed of eight kiwifruit producers who are not handlers, one producer member-at-large, one handler, and one public member. Eight producers, one from each district, shall be elected by and from producers within the respective districts. The producer member-at-large shall be elected by and from producers statewide. The handler member shall be elected by and from handlers statewide.
The public member shall be appointed to the commission by the secretary from the nominees recommended by the commission.
The secretary, the handler member, and other appropriate individuals as determined by the commission shall be nonvoting ex officio members of the commission.
(Amended by Stats. 1995, Ch. 727, Sec. 3. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 3 - The California Kiwifruit Commission › Section 68052.

68052. The secretary may require the commission to correct or cease any existing or proposed activity or function that is determined by the secretary to be in violation of this chapter or not to be in the public interest.
If the commission refuses or fails to cease those activities or functions or to make corrections as required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities and functions of the commission until such time that the cessation or correction of activities or functions as required by the secretary has been accomplished by the commission.
Actions of the commission in violation of the written notice shall be without legal force or effect. The secretary, 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 that are the subject of the written notice.
Upon service of the written notice, the secretary shall notify the commission, in writing, of the specific acts that the secretary determines are not in the public interest or are in violation of this chapter, the secretary’s reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and the secretary may make recommendations that will make those activities or functions acceptable.
(Amended by Stats. 1995, Ch. 727, Sec. 4. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 3 - The California Kiwifruit Commission › Section 68053.

68053. The commission or secretary may bring an action for judicial relief from the secretary’s written notice, or 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.
(Amended by Stats. 1995, Ch. 727, Sec. 5. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 3 - The California Kiwifruit Commission › Section 68054.

68054. The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities under this chapter. However, the court may, if it finds that the secretary acted arbitrarily or capriciously in restricting the activities or functions of the commission, relieve the commission of responsibility for payment of the secretary’s legal costs with regard to the action.
(Amended by Stats. 1995, Ch. 727, Sec. 6. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 3 - The California Kiwifruit Commission › Section 68054.5.

68054.5. Each member of the commission, except the ex officio members, has an alternate member, who is elected in the same manner as the member. An alternate member, in the absence of the member for whom he or she is alternate, serves in place of the member on the commission, and has, and exercises, all the rights, privileges, and powers of the member when serving on the commission. In the event of death, removal, resignation, or the disqualification of a member, the alternate shall act as a member on the commission until a successor is elected and has qualified as provided in Section 68055.
(Amended by Stats. 1983, Ch. 525, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 6 - California Kiwifruit Commission › ARTICLE 3 - The California Kiwifruit Commission › Section 68055.

68055. Any vacancy on the commission including, but not limited to, the failure of any person elected to the commission as a member or alternate member to continue in his or her position due to a change in status making the member ineligible to serve, or through death, removal, or resignation, shall be filled, for the term, by the commission by majority vote. However, that person shall fulfill all the qualifications set forth in this article as required for the office he or she is to fill. Qualifications of any person to fill a vacancy on the commission shall be certified, in writing, to the secretary. The secretary shall notify the commission if he or she determines that any such person is not qualified.
(Amended by Stats. 1995, Ch. 727, Sec. 7. Effective January 1, 1996.)