CHAPTER 10. California Wheat Commission

Chapter 10 added by Stats. 1982, Ch. 891, Sec. 1.

§§ 72001–72135 · 68 sections

1. ARTICLE 1. Declaration and General Provisions §§ 72001–72008 · 8 sections

   • § 72001 The wheat industry in this state is expanding rapidly. It provides over three hundred fifty million dollars ($350,000,000) in farm income annually, increased…
   • § 72002 Opportunity exists for continued expansion, particularly if the industry can develop better varieties more suited to the California climate and the needs of…
   • § 72003 The establishment of a California Wheat Commission is necessary for the efficient development and management of an international sales promotion program, and…
   • § 72004 A commission is also necessary to conduct research into the development of varieties more suitable to the export trade, as well as more productive under…
   • § 72005 A California Wheat Commission would also be the means for California producers to take a more active role in national wheat organizations and wheat…
   • § 72006 The production and marketing of wheat produced in this state is hereby declared to be affected with public interest. The provisions of this chapter are enacted…
   • § 72007 A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and…
   • § 72008 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…
2. ARTICLE 2. Definitions §§ 72021–72034 · 15 sections

   • § 72021 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 72022 “Wheat” means any variety of wheat produced in this state.
   • § 72023 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
   • § 72024 “Commission” means the California Wheat Commission.
   • § 72025 “Commissioner” means any member of the commission.
   • § 72026 “Director” means the Director of Food and Agriculture.
   • § 72027 “Districts” shall consist of the following: (a) District 1 consists of Siskiyou, Tehama, Lassen, Modoc, and Shasta Counties. (b) District 2 consists of Butte,…
   • § 72028 “Ex officio member” shall be a nonvoting member of the commission.
   • § 72029 “Handle” means to engage in the business of a handler as defined in Section 72030.
   • § 72030 “Handler” means any person who engages in the operation of selling, marketing, or distributing wheat which he or she has produced, purchased, or acquired from…
   • § 72030.5 “Handler” also means any lienholder, secured party or pledgee that is a public agency, public or private, or assignee of a lienholder, secured party or pledgee…
   • § 72031 “Marketing research” means any research relating to the sale of wheat.
   • § 72032 “Marketing season” or “fiscal year” means the period beginning May 1 of any year and extending through April 30 of the following year.
   • § 72033 “Producer” or “grower” means any person who is engaged, within this state, in the business of producing wheat for market during any of the preceding three…
   • § 72034 “Production research” means any research related to the production and processing of wheat, other than marketing research.
3. ARTICLE 3. The California Wheat Commission §§ 72051–72065 · 16 sections

   • § 72051 There is in the state government the California Wheat Commission. The commission shall be composed of 13 members who are wheat producers and who are not…
   • § 72052 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…
   • § 72052.5 When the director is required to determine whether or not to concur with a decision of the commission, he shall indicate his response to the commission within…
   • § 72053 The commission or the director may bring an action for judicial relief from the director’s written notice, or from noncompliance by the commission with the…
   • § 72054 The commission shall reimburse the director for all expenditures incurred by the director in carrying out his duties and responsibilities under this chapter.…
   • § 72055 Each member of the commission, except the ex officio members, shall have an alternate member, to be elected in the same manner as the member. An alternate…
   • § 72056 Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate member to continue in his position due…
   • § 72057 A producer member and his or her alternate on the commission shall be an individual, partner, or employee of a producer who has a financial interest in…
   • § 72058 The term of office of all commissioners, except any ex officio member, shall be for three years from the date of their election and until their successors are…
   • § 72059 The commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be sued, to contract and be contracted with,…
   • § 72060 A quorum of the commission shall be a majority of the commissioners. Except as provided in Sections 72027 and 72133, the vote of a majority of members present…
   • § 72061 The director or his representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission.
   • § 72062 No commissioner or member of a committee established by the commission who is a nonmember of the commission shall receive a salary. Each commissioner, except…
   • § 72063 All moneys received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited…
   • § 72064 The commission shall defend any of its members against any claims made or actions taken against any commission members on matters in which the members acted on…
   • § 72065 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…
4. ARTICLE 4. Powers and Duties of the Commission § 72081 · 1 section

   • § 72081 The powers and duties of the commission shall include, but are not limited to, all of the following: (a) To adopt, and from time to time, alter, rescind,…
5. ARTICLE 5. Implementation and Voting Procedures §§ 72091–72099 · 10 sections

   • § 72091 Within 90 days after January 1, 1983, the director shall establish a list of producers eligible to vote on implementation of this chapter. In establishing the…
   • § 72092 The provisions of this chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the director finds, in a…
   • § 72093 The director shall establish a period in which to conduct the referendum which shall not be less than 10 days nor more than 60 days in duration, and may…
   • § 72094 Failure to receive a ballot shall not invalidate the referendum.
   • § 72095 If the director finds that a favorable vote has been given as provided in Section 72092, he shall certify and give notice of the favorable vote to all…
   • § 72096 If the director finds that a favorable vote has not been given as provided in Section 72092, he shall so certify and declare all provisions of this chapter…
   • § 72097 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…
   • § 72097.5 To be eligible for election to the commission, producer nominees shall present to the director a nomination petition with the signatures of at least six…
   • § 72098 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…
   • § 72099 Prior to the referendum vote conducted by the director pursuant to Section 72092, the proponents of the commission shall deposit with the director such amount…
6. ARTICLE 6. Assessments and Records §§ 72101–72109 · 8 sections

   • § 72101 The commission shall, not later than April 30 of each year, establish the assessment for the following year beginning May 1 and ending April 30. In no event…
   • § 72103 Every handler shall keep a complete and accurate record of all wheat received by him or her and the name of the producer whose wheat was shipped. The records…
   • § 72104 All proprietary information obtained by the commission or the director from handlers and all lists of producers in the possession of the director shall be…
   • § 72105 Assessments provided for in this article shall be upon the producer. The handler first handling the wheat being assessed shall deduct the assessments from…
   • § 72106 Every handler shall be personally liable for the payment of the collected assessments, and failure of the handler to collect the assessment from any producer…
   • § 72107 Any assessment which is levied as provided for in this chapter, is a personal debt of every producer so assessed. Failure of a handler to make payment of the…
   • § 72108 Any producer or handler who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10…
   • § 72109 Any person, firm, or corporation subject to the assessment in this chapter may request a total or partial refund of a paid assessment from the commission. No…
7. ARTICLE 7. Actions and Penalties §§ 72111–72112.5 · 3 sections

   • § 72111 It shall be a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding five hundred dollars ($500), or by…
   • § 72112 The commission shall adopt regulations for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the…
   • § 72112.5 The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for the…
8. ARTICLE 8. Continuation, Suspension, and Termination §§ 72131–72135 · 7 sections

   • § 72131 Between May 1, 1987, and April 30, 1988, the commission shall cause a referendum to be conducted among producers in the manner prescribed in Section 72131.5 to…
   • § 72131.5 The operation of this chapter shall be reapproved and continued in effect if the director finds, in the referendum required pursuant to Section 72131, that a…
   • § 72132 Following a favorable referendum conducted prior to April 30, 1988, a referendum shall be conducted by the commission every fifth year thereafter between May 1…
   • § 72133 Upon the finding of a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission…
   • § 72133.5 (a) The director shall terminate the commission at the end of the current marketing season if requested in writing, within a 90-day period, by at least 51…
   • § 72134 After the effective date of suspension of the operation of this chapter and of the operations of the commission, the operations of the commission shall be…
   • § 72135 Upon suspension of the operation of this chapter and of the commission, the commission shall mail a copy of the notice of suspension to all producers and…