CHAPTER 12.6. California Grape Rootstock Improvement Commission [74701. - 74796.]
Chapter 12.6 added by Stats. 1992, Ch. 595, Sec. 1.
§§ 74701–74796 · 83 sections
ARTICLE 1. Declaration and General Provisions §§ 74701–74707 · 8 sections
- § 74701 The production of grape rootstock constitutes an important industry of this state that not only provides substantial and necessary revenues for the state and…
- § 74702 The maintenance of the grape rootstock industry of California is necessary to assure the consuming public of a continuous supply of good fruit for the table,…
- § 74702.5 The successes that the grape rootstock industry has enjoyed have come in part through a commitment to industry funded research, which has led to significant…
- § 74703 The production and marketing of grape rootstock produced in this state is hereby declared to be affected with a public interest. This chapter is enacted in the…
- § 74704 No action taken by the commission, or by any individual commission board member in accordance with this chapter or with regulations adopted under this chapter,…
- § 74705 This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held to be invalid,…
- § 74706 It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of the…
- § 74707 A commission form of administration created by this chapter is designed to provide those engaged in the production and marketing of grape rootstock the…
ARTICLE 2. Definitions §§ 74710–74726 · 19 sections
- § 74710 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 74711 “Bearing acreage” means a planting grape rootstock three years or older from which cuttings can be taken.
- § 74712 “Board member” means a nursery owner or representative of an owner elected pursuant to Section 74778.
- § 74713 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
- § 74714 “Commission” means the California Grape Rootstock Improvement Commission.
- § 74715 “Ex officio member” means a nonvoting member of the commission.
- § 74716 “Grafted” means the art of joining parts of plants together in such a manner as they will unite and continue their growth as one plant.
- § 74717 “Grafted grape rootstock” means a rootstock that has been grafted with a fruiting grape variety.
- § 74718 “Grape rootstock” means the rootstock portion of grapevines grown in California as a single species or hybrid combination in the family Vitaceae.
- § 74719 “Grape rootstock nursery” or “nursery” means any person in this state which operates under a California state nursery license and grows grape rootstock for…
- § 74720 “Grape rootstock research” means any cultural and biological research relating to grape rootstock.
- § 74721 “Invoicable unit” means any rootstock cutting, or rooted rootstock cutting, or grafted grape rootstock that is used or distributed by a nursery for commercial…
- § 74721.5 “Distribute” means to sell or otherwise transfer any rootstock cutting, rooted rootstock cutting, or grafted grape rootstock for commercial purposes.
- § 74722 “Marketing year” or “fiscal year” means the period beginning April 1 of any year and extending through the last day of March of the next year.
- § 74723 “Marketing year 1992–93” means the period commencing August 1, 1992, to March 31, 1993, inclusive.
- § 74723.5 “Person” means an individual, partnership, limited liability company, corporation, firm, company, or other entity doing business in California.
- § 74724 “Rooted rootstock cutting” means a rootstock cutting with roots destined to become a grafted unit.
- § 74725 “Rootstock” means the part of the graft combination which is to become the root system.
- § 74726 “Rootstock cutting” means a cutting of a rootstock variety that is at least 6 inches in length destined to become a grafted unit.
ARTICLE 3. The California Grape Rootstock Improvement Commission §§ 74730–74745 · 17 sections
- § 74730 (a) There is in state government the California Grape Rootstock Improvement Commission. The commission shall be composed of nine grape rootstock nursery owners…
- § 74731 (a) The director may require the commission to correct or cease any activity or function which is determined by the director not to be in the public interest…
- § 74732 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…
- § 74733 When the director is required to concur in a decision of the commission, the director shall concur, refuse to concur, or request additional information from…
- § 74734 The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities pursuant to…
- § 74734.5 (a) The director shall operate in the most efficient, cost-effective manner possible in carrying out his or her duties and responsibilities pursuant to this…
- § 74735 Each board member, except ex officio members, shall have an alternate board member selected by the board member. An alternate member shall, in the absence of…
- § 74736 (a) Any vacancy on the commission occurring by the failure of a board member to continue in his or her position due to a change in his or her status, thereby…
- § 74737 Any board member and his or her alternate member on the commission shall be an owner of a grape rootstock nursery or representative of an owner who has a…
- § 74738 The term of office of all board members and alternate board members of the commission, except ex officio members, is three years from the beginning of the…
- § 74739 Notwithstanding Section 74738, the initial term of members and alternates shall be divided by lot into three terms of one year, three terms of two years, and…
- § 74740 The commission is hereby declared and created a corporate body. It may sue and be sued, enter into contracts, adopt a corporate seal, and possess all of the…
- § 74741 A quorum of the commission is seven voting members of the commission. The vote of a majority of the board members or alternate members present at a meeting at…
- § 74742 The director or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission.
- § 74743 No board member or alternate member or member of a committee established by the commission who is a nonmember of the commission shall receive any compensation.…
- § 74744 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…
- § 74745 The state is not 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…
ARTICLE 4. Powers and Duties of the Commission §§ 74750–74768 · 19 sections
- § 74750 The powers and duties of the commission include, but are not limited to, all of those contained in this article.
- § 74751 The commission may adopt, amend, and repeal regulations and operating procedures necessary to carry out this chapter, including regulations governing appeals…
- § 74752 The commission may administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably…
- § 74753 The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers…
- § 74754 The commission may employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other personnel,…
- § 74755 The commission may fix the compensation for all employees of the commission.
- § 74756 The commission may appoint committees composed of both board members and nonmembers of the commission to advise the commission in carrying out this chapter.
- § 74757 The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of…
- § 74758 The commission shall keep accurate books, records, and accounts of all its dealings, which shall be subject to an annual audit by an auditing firm selected by…
- § 74759 The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect this chapter, to the extent permitted by…
- § 74760 The commission may make, in its name, contracts to receive or render services in formulating and conducting plans and programs and any other contracts or…
- § 74761 The commission may conduct, and contract with others to conduct, production research, including the study, analysis, accumulation, and dissemination of…
- § 74762 The commission may accept contributions or matching private, state, or federal funds, and employ or make contributions of funds to other persons or state or…
- § 74763 The commission may publish and distribute, without charge, bulletins or other communications for the dissemination of information to grape rootstock nurseries.
- § 74764 The commission shall establish an assessment rate to defray the operating costs of the commission.
- § 74765 The commission shall adopt an annual budget according to accepted accounting practices. The director shall concur in the adoption of the budget prior to the…
- § 74766 The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter.
- § 74767 All proprietary information obtained by the commission or the secretary from any source, including all lists of grape rootstock nurseries, shall be…
- § 74768 The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for…
ARTICLE 5. Implementation and Voting Procedures §§ 74770–74779 · 10 sections
- § 74770 (a) Within 30 days of the effective date of this chapter, the director shall establish a list of grape rootstock nurseries eligible to vote on the…
- § 74771 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the director finds, in a referendum vote…
- § 74772 The director shall use invoicable units or grape rootstock acreage in calculating the volume voted pursuant to Section 74771.
- § 74773 The director shall establish a period to conduct the referendum which shall not be less than 10 days nor more than 60 days in duration, and may prescribe…
- § 74774 The failure of a grape rootstock nursery to receive a ballot shall not invalidate a referendum.
- § 74775 If the director finds that a favorable vote has been given as provided in Section 74771, the director shall certify and give notice of the favorable vote to…
- § 74776 If the director finds that a favorable vote has not been given as provided in Section 74771, the director shall certify and declare this chapter inoperative.…
- § 74777 Upon certification of the commission, the director shall contact all grape rootstock nurseries by mail, or call meetings of nurseries, for the purpose of…
- § 74778 Subsequent to the first election of board members pursuant to this chapter, persons to be elected to the commission shall be selected pursuant to nomination…
- § 74779 (a) Prior to the referendum vote conducted by the director pursuant to Section 74771, the proponents of the commission shall deposit with the director the…
ARTICLE 6. Assessments and Records §§ 74785–74788 · 4 sections
- § 74785 (a) The commission shall establish the assessment for the following marketing year not later than April 1 of each year, or as soon thereafter as is possible.…
- § 74786 Every nursery, including nurseries exempt from the payment of assessments, shall keep a complete and accurate record of its acreage of grape rootstock and its…
- § 74787 Any assessment which is levied pursuant to this chapter is a personal debt of every nursery so assessed.
- § 74788 Any nursery that fails to file a return or pay any assessment within the time required by the commission shall pay the commission a penalty of 10 percent of…
ARTICLE 7. Actions and Penalties §§ 74790–74793 · 4 sections
- § 74790 It is unlawful for any person to do any of the following: (a) Refuse to render a report, statement, or record required by the commission. (b) Furnish a false…
- § 74791 The commission shall adopt procedures to grant individuals aggrieved by its actions or determinations an informal hearing before the commission or before a…
- § 74792 (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 for…
- § 74793 The suspension or termination of this chapter shall not affect or waive any right, duty, obligation, or liability which has arisen or which may thereafter…
ARTICLE 8. Continuation or Suspension and Termination §§ 74795–74796 · 2 sections