CHAPTER 12.7. California Winegrape Growers Commission [74801. - 74996.]

Chapter 12.7 added by Stats. 1986, Ch. 1287, Sec. 4.

§§ 74801–74996 · 109 sections

1. ARTICLE 1. Declaration and General Provisions §§ 74801–74808 · 9 sections

   • § 74801 The production and distribution of winegrapes constitute an important industry of this state which provides substantial and necessary revenues for the state…
   • § 74802 The maintenance and expansion of the winegrape industry of California and of its local, national, and foreign markets is necessary to assure the consuming…
   • § 74803 It is in the public interest that the public be made aware of accurate and scientific information relating to the beneficial qualities of winegrapes and…
   • § 74804 The production and marketing of winegrapes and winegrape products produced in this state is hereby declared to be affected with a public interest. This chapter…
   • § 74805 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…
   • § 74806 This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that…
   • § 74807 It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of a…
   • § 74807.5 The winegrape industry in this state is expanding. Opportunity exists for continued growth and expansion of the industry by creating new markets in areas of…
   • § 74808 The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of winegrapes the opportunity to…
2. ARTICLE 2. Definitions §§ 74821–74840 · 25 sections

   • § 74821 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 74822 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
   • § 74823 “Brandy” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of whole, sound, ripe grapes or from the…
   • § 74824 “Commission” means the California Winegrape Growers Commission.
   • § 74824.1 “Local commission” means any local commission created pursuant to this chapter.
   • § 74825 “Grape concentrate” or “concentrate” means unfermented grape juice from which the major portion of the original water content has been removed.
   • § 74826 “Grape juice” or “juice” means unfermented crushed grapes without solids containing the major portion of the original water content.
   • § 74826.5 “Person” means any individual, firm, corporation, association, or other entity doing business in California.
   • § 74827 “Producer” and “grower” are synonymous and, unless otherwise specified pursuant to Section 74922.1, mean any person who produced and marketed winegrapes in the…
   • § 74828 “Producer districts” shall consist of the following: (a) District 1 consists of Lake, Solano, Mendocino, Sonoma, Marin, and Napa Counties. (b) District 2…
   • § 74828.1 “Producer region,” for the purpose of establishing and operating a local commission, shall consist of one or more grape crush report districts.
   • § 74829 “Ex officio member” means a nonvoting member of the commission.
   • § 74829.5 “Handler” means any person engaged in the marketing of winegrapes or winegrape products that the person has produced, purchased, or acquired from a producer,…
   • § 74830 “High proof” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of fresh winegrapes or from the residue…
   • § 74831 “Market” means to sell, barter, trade, purchase, acquire, or otherwise distribute wine, winegrapes, or winegrape products.
   • § 74832 “Market development” includes, but is not limited to, trade promotion, public information, dissemination of information on health and social issues and other…
   • § 74833 “Market research” means any investigation, development, analysis, or implementation of information relating to the marketing of winegrapes and winegrape…
   • § 74834 “Marketing season” or “fiscal year” means the period beginning July 1 of any year and extending through June 30 of the following years.
   • § 74835 “Must” means a mixture of unfermented crushed grapes, solid grape particles, and grape juice.
   • § 74835.5 “Processing” means any processing of winegrapes for the purpose of making must, grape juice, grape concentrate, wine, winegrape products, or products thereof,…
   • § 74836 “Production research” means research relating to the production and processing of winegrapes, including, but not limited to, the development of new winegrape…
   • § 74837 “Vintner” means a winegrower, as defined in Section 23013 of the Business and Professions Code, who holds a winegrower’s license issued by the Department of…
   • § 74838 “Wine” means the product obtained by the fermentation of winegrapes or juice therefrom, with or without addition or abstracting, and includes any product made…
   • § 74839 “Winegrapes” means grapes produced in this state which are intended to be converted from their fresh form into grape juice, grape concentrate, wine, or…
   • § 74840 “Winegrape products” include, but are not limited to, must, grape juice, grape concentrate, wine, high proof, and brandy produced from winegrapes.
3. ARTICLE 3. California Winegrape Growers Commission §§ 74861–74877 · 20 sections

   • § 74861 There is in state government, the California Winegrape Growers Commission. The commission shall be composed of 18 producers and one public member. (a)…
   • § 74861.1 There are, in state government, local commissions for producer regions. The producers in any producer region of this state may, pursuant to this chapter,…
   • § 74862 Periodically, the number of producer members and their respective alternate members serving on the commission from any district shall be reapportioned in a…
   • § 74863 (a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be in the public…
   • § 74864 The commission or the secretary may bring an action for judicial relief from the secretary’s written notice or from noncompliance by the commission with the…
   • § 74865 When the secretary is required to concur in a decision of the commission, the secretary shall concur, refuse to concur, or request additional information from…
   • § 74866 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to…
   • § 74866.1 (a) The secretary shall operate in the most efficient, cost-effective manner possible in carrying out his or her duties and responsibilities pursuant to this…
   • § 74867 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…
   • § 74868 Any producer member and his or her alternate member shall be a person, or an employee representing a producer, who has a financial interest in producing, or…
   • § 74869 The public member and his or her alternate member shall have all the rights, privileges, and powers of any other member of the commission. The public member…
   • § 74870 The term of office of members and alternate members shall be for two years or until their successors have been elected and have qualified. However, of the…
   • § 74871 No less than 10 producer members, including alternate members when acting in place of the members, shall constitute a quorum of the commission.
   • § 74871.1 Not less than one-half of the producer members of any local commission, including alternate members when acting in the place of the members, shall constitute a…
   • § 74872 The vote of a majority of the members, or alternate members when acting in the place of the members, present at the meeting at which there is a quorum shall…
   • § 74873 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,…
   • § 74874 The secretary or his or her representatives shall be notified and may attend meetings of the commission and any committee meetings of the commission.
   • § 74875 No member of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive a salary. Each member of…
   • § 74876 All funds received from the assessments levied pursuant to this chapter or otherwise received by the commission shall be deposited in banks which the…
   • § 74877 (a) 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…
4. ARTICLE 4. Powers and Duties of the Commission §§ 74891–74908 · 20 sections

   • § 74891 The powers and duties of the commission shall include, but are not limited to, all of those contained in this article.
   • § 74892 The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, operating procedures, and…
   • § 74893 The commission may administer and enforce this chapter and do and perform all actions and exercise all powers incidental to, in connection with, or deemed…
   • § 74894 The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers it deems necessary. The officers shall…
   • § 74895 The commission may employ a person to serve at the pleasure of the commission as president and other personnel, including legal counsel, necessary to carry out…
   • § 74896 The commission may fix the compensation for all employees of the commission.
   • § 74897 The commission may appoint committees composed of both members and nonmembers of the commission.
   • § 74898 The commission may establish offices, incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of…
   • § 74899 The commission shall keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing firm selected…
   • § 74900 The commission may engage in market development and market research through plans and programs to enhance the sale of California winegrapes and winegrape…
   • § 74900.1 Persons subject to any local commission established after January 1, 1993, may designate the manner in which assessments that he or she pays to the local…
   • § 74901 The commission may accept contributions of, or match, private, local, state, or federal funds and employ or make contributions of funds to other persons or…
   • § 74901.5 The commission may present facts to, and negotiate with, local, state, federal, and foreign agencies on matters that affect the winegrape industry.
   • § 74902 The commission may undertake appropriate research relating to the production and processing of winegrapes, including the development of new winegrape products…
   • § 74903 The commission may publish and distribute bulletins or other communications relating to the California winegrape industry.
   • § 74904 The commission may establish an assessment rate to defray operating costs of the commission.
   • § 74905 The commission may establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the secretary prior to…
   • § 74906 The commission shall submit to the secretary, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter.
   • § 74907 The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for…
   • § 74908 The secretary may require that any contract to which the commission is a party be submitted to the secretary for concurrence prior to the commission entering…
5. ARTICLE 5. Implementation and Voting Procedures §§ 74921–74929 · 15 sections

   • § 74921 This chapter, except as necessary to conduct an implementation referendum, shall not become operative until the secretary finds, in a referendum conducted by…
   • § 74922 (a) Upon receipt of a petition that the secretary determines is acceptable, the secretary shall establish a list of producers who are eligible to vote to…
   • § 74922.1 (a) Upon petition of at least three producers from any one producer region of this state, the secretary shall establish a list of producers who are eligible to…
   • § 74922.5 For the purpose of voting in the referendum required in Section 74921, only a person who would be required to pay the assessment as a producer pursuant to…
   • § 74923 In determining whether this chapter is applicable to growers, the secretary shall find that at least 40 percent of the total number of growers from the list…
   • § 74923.1 In determining whether this chapter is applicable to growers in a producer region, the secretary shall find that at least 40 percent of the total number of…
   • § 74924 The secretary 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…
   • § 74925 Nonreceipt of a ballot shall not invalidate a referendum.
   • § 74926 If the secretary finds that a favorable vote has not been given to the establishment of the commission as provided in this chapter, the secretary shall so…
   • § 74926.1 If the secretary finds that a favorable vote has not been given to the establishment of any local commission as provided in this chapter, the secretary shall…
   • § 74927 The petition to establish the commission shall name the persons designated to serve as producer members and their alternate members in the event the commission…
   • § 74927.1 The petition to establish a local commission shall name the persons designated to serve as producer members and their alternate members, if any, in the event…
   • § 74928 Subsequent to the action taken pursuant to Section 74927, persons to be elected to the commission upon expiration of existing terms shall be selected pursuant…
   • § 74928.1 Subsequent to the action taken pursuant to Section 74927.1, persons to be elected to a local commission shall be selected pursuant to the nomination and…
   • § 74929 (a) Prior to the implementation referendum conducted by the secretary, the proponents of the commission shall deposit with the secretary the amount that the…
6. ARTICLE 6. Assessments and Records §§ 74951–74957 · 10 sections

   • § 74951 (a) Prior to the beginning of each marketing season or as soon thereafter as possible, the commission shall establish an assessment rate for the marketing…
   • § 74951.1 (a) The petition for a referendum to establish a local commission shall set forth the assessment rate which shall become effective during the first marketing…
   • § 74952.5 (a) Unless exempted by this chapter, the commission shall levy the assessment on the producer if he or she does any of the following: (1) Sells to a vintner or…
   • § 74952.7 (a) Any producer who meets any of the requirements specified by subdivision (b) may apply to the secretary prior to the formation of the commission, or apply…
   • § 74953 This chapter shall not apply to winegrapes produced only for a producer’s home use. However, any producer claiming this exemption shall file an affidavit with…
   • § 74954 Every producer subject to this chapter and every vintner who purchases winegrapes from or processes winegrapes for producers shall maintain normal commercial…
   • § 74954.5 Producers subject to this chapter shall provide to local commissions the names of the vintners who purchase winegrapes from or process winegrapes for the…
   • § 74955 All proprietary information obtained by the commission or the secretary from producers or vintners, and all lists of producers in the possession of the…
   • § 74956 Any assessment levied by the commission, pursuant to this chapter, is a personal debt of every person so assessed and is due and payable to the commission…
   • § 74957 Any person who fails to file a return, or remit 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 §§ 74971–74974 · 4 sections

   • § 74971 It is a misdemeanor for any person to do any of the following: (a) Render or furnish a false report, statement, or record required by the commission. (b) When…
   • § 74972 The commission shall establish procedures for the purpose of according individuals aggrieved by its acts or determinations an informal hearing. Appeals from…
   • § 74973 (a) The commission may commence civil action and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and the…
   • § 74974 Suspension or termination of this chapter in accordance with Article 8 (commencing with Section 74991) shall not result in any of the following: (a) Affecting,…
8. ARTICLE 8. Continuation or Suspension and Termination §§ 74991–74996 · 6 sections

   • § 74991 During the fifth year of operation of the commission, the commission shall cause a referendum to be conducted among producers to determine whether the…
   • § 74992 Following an initial favorable referendum , a referendum shall be conducted by the commission every fifth year thereafter unless a referendum is conducted as a…
   • § 74993 (a) Upon a finding by a two-thirds vote of the commission that this chapter has not tended to effectuate its declared purposes, the commission may recommend to…
   • § 74994 (a) The secretary shall terminate the commission at the end of the current marketing season if the secretary finds that termination is requested in writing,…
   • § 74995 After the effective date of suspension of this chapter, the operations of the commission shall be concluded and any and all funds remaining held by the…
   • § 74996 Upon suspension of this chapter, the commission shall mail a copy of the notice of suspension to all producers and vintners affected by the suspension whose…