CHAPTER 11. California Navel Orange Commission [73001. - 73356.]

Chapter 11 added by Stats. 1983, Ch. 494, Sec. 1.

§§ 73001–73356 · 107 sections

1. ARTICLE 1. Declaration and General Provisions §§ 73001–73006 · 6 sections

   • § 73001 The navel orange industry in this state constitutes one of California’s principal tree fruit crops, and thus provides an important source of employment for…
   • § 73002 Opportunity exists for continued growth and expansion of the industry by creating new markets in this country and abroad. The success of an expansion program…
   • § 73003 The creation of a California Navel Orange Commission is necessary for the efficient development and management of an advertising and promotion program and…
   • § 73004 The production and marketing of navel oranges produced in this state is hereby declared to be affected with a public interest. This chapter is enacted in the…
   • § 73005 A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, and marketing research.
   • § 73006 No action taken by the commission, nor by any individual in accordance with this chapter or with the rules and regulations adopted under the chapter, is a…
2. ARTICLE 2. Definitions §§ 73051–73070 · 20 sections

   • § 73051 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 73052 “Navel orange” means those oranges belonging to the genus Citrus, species sinensis (Linnaeus) Osbeck, and characterized by being seedless and having a navel at…
   • § 73053 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
   • § 73054 “Carton” means a container holding approximately 40 pounds, or the equivalent thereof, of navel oranges marketed for fresh consumption.
   • § 73055 “Commission” means the California Navel Orange Commission.
   • § 73056 “Commissioner” means any member of the commission.
   • § 73057 “Consumer communications” means, as defined by the commission, all manner of advertising and other communications which are directed towards the general…
   • § 73058 “Cooperative handler” means a handler organized under this code and the Capper-Volstead Act (Chapter 12 (commencing with Section 291) of Title 7 of the United…
   • § 73059 “Cooperative producer” means a producer who markets his or her fruit through a cooperative handler.
   • § 73060 “Director” means the Director of Food and Agriculture.
   • § 73061 “Districts” mean the following: (a) District A consists of the Counties of Fresno, Madera, Butte, Colusa, Glenn, Merced, Placer, Shasta, Solano, Sonoma,…
   • § 73062 “Ex officio member” means a nonvoting member of the commission.
   • § 73063 “Handle” means to engage in the business of a handler.
   • § 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…
   • § 73065 “Independent handler” means a handler, other than a cooperative handler, who markets fruit for independent producers.
   • § 73066 “Independent producer” means a producer who markets his or her fruit primarily through an independent handler.
   • § 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…
   • § 73068 “Marketing research” means any research relating to the sale of navel oranges.
   • § 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…
   • § 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.
3. ARTICLE 3. The California Navel Orange Commission §§ 73101–73124 · 24 sections

   • § 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,…
   • § 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…
   • § 73103 Except as provided in Section 73104, two cooperative handler members shall be nominated and elected by and from cooperative handlers. Two independent handler…
   • § 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…
   • § 73105 The public member shall be appointed to the commission by the director from the nominees recommended by the commission.
   • § 73106 The director, citrus grower trade organizations primarily involved in issues affecting the orange industry, and other appropriate individuals and…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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.…
   • § 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…
   • § 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.…
   • § 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…
   • § 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…
4. ARTICLE 4. Powers and Duties of the Commission §§ 73151–73169 · 19 sections

   • § 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…
   • § 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,…
   • § 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…
   • § 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…
   • § 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…
   • § 73156 The commission shall fix the compensation for all employees of the commission.
   • § 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…
   • § 73158 The commission shall appoint a committee or committees to deal specifically with budget and advertising issues. Commission members who pay the full assessment…
   • § 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…
   • § 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…
   • § 73161 The commission shall promote the sale of navel oranges by advertising and other promotional means, including cost-sharing advertising, to maintain and expand…
   • § 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…
   • § 73163 The commission may enter into contracts to render service in formulating and conducting plans and programs authorized under this chapter.
   • § 73164 The commission may conduct, and contract with others to conduct, marketing research, including the study, analysis, dissemination, and accumulation of…
   • § 73165 The commission may publish and distribute, without charge, bulletins or other communications for dissemination of information relating to commission activities…
   • § 73166 Pursuant to Section 73251, the commission shall establish an assessment rate to defray operating costs of the commission.
   • § 73167 The commission shall prepare an annual budget according to accepted accounting practices. Except for disbursements to pay the compensation of the employees of…
   • § 73168 The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized under this chapter,…
   • § 73169 The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for…
5. ARTICLE 5. Implementation and Voting Procedures §§ 73201–73212 · 12 sections

   • § 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…
   • § 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…
   • § 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…
   • § 73204 Nonreceipt of a ballot does not invalidate a referendum.
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 73211 Prior to the implementation referendum conducted by the director pursuant to Section 73202, the proponents of the commission shall deposit with the director…
   • § 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…
6. ARTICLE 6. Assessments and Records §§ 73251–73261 · 14 sections

   • § 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…
   • § 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…
   • § 73253 Identified commission administrative expenses in an amount not to exceed 10 percent of the assessment owed by any producer prior to deducting the brand credit,…
   • § 73253.5 (a) At least 60 percent of the commission’s total expenditures shall be expended for consumer communication. (b) In order to qualify for brand credit, as…
   • § 73254 Any direct consumer communication purchases qualifies for brand credit when determined by the commission to be in accordance with the following criteria: (a)…
   • § 73254.5 Unless otherwise prohibited in this chapter, and in addition to the provisions of Section 73254, a person or entity that is qualified to receive brand credit…
   • § 73254.6 The activities of advertising in trade publications and participating in conferences or conventions are not eligible for application of brand credit.
   • § 73255 This chapter does not apply to navel oranges produced only for the producer’s home use or where the navel oranges are used only for ornamental purposes.…
   • § 73256 Every handler shall keep a complete and accurate record of all navel oranges handled by him or her with the name of the producer whose navel oranges were…
   • § 73257 All proprietary information obtained by the commission or the director from producers or handlers, and all lists of producers or handlers in the possession of…
   • § 73258 Assessments shall be levied upon the producer. The first handler of navel oranges being assessed shall deduct the assessment from amounts paid by him or her to…
   • § 73259 Every handler is personally liable for the payment of the collected assessments, and failure of the handler to collect the assessment from any producer does…
   • § 73260 Any assessment which is levied pursuant to in this chapter is a personal debt of the producer so assessed. Failure of a handler to make payment of the…
   • § 73261 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…
7. ARTICLE 7. Actions and Penalties §§ 73301–73306 · 6 sections

   • § 73301 It is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding five hundred dollars ($500), or by both the…
   • § 73302 The commission shall establish procedures for the purpose of addressing any claims made against the commission or any of its individual members and alternates,…
   • § 73303 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…
   • § 73304 Any action for any penalty or other remedy which is prescribed under this chapter shall be commenced within two years from the date of the alleged violation.
   • § 73305 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.
   • § 73306 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…
8. ARTICLE 8. Continuation or Suspension and Termination §§ 73351–73356 · 6 sections

   • § 73351 Between October 1, 1987, and September 30, 1988, the commission shall conduct a referendum among producers in the manner prescribed in Section 73202 to…
   • § 73352 Following a favorable referendum conducted prior to September 30, 1988, a referendum shall be conducted by the commission every fifth year thereafter between…
   • § 73353 Upon a finding by a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission may…
   • § 73354 Prior to any referendum resulting from a petition filed in accordance with Section 73353, the petitioners shall deposit with the director an amount that the…
   • § 73355 After the effective date of suspension of the operation of this chapter and of the commission, the operations of the commission shall be concluded and any and…
   • § 73356 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 affected…