CHAPTER 13. California Egg Commission [75001. - 75176.]

Chapter 13 added by Stats. 1983, Ch. 531, Sec. 1.

§§ 75001–75176 · 97 sections

1. ARTICLE 1. Declaration and General Provisions §§ 75001–75007 · 7 sections

   • § 75001 Eggs and egg products constitute one of the basic, natural foods of the diet. The maintenance and expansion of existing markets and the development of new and…
   • § 75002 The protection and enhancement of the reputation of eggs and egg products in intrastate, interstate, and foreign markets, and the elimination of unreasonable…
   • § 75003 It is hereby declared to be the policy of this state to aid in the handling of eggs and egg products, to develop more efficient and equitable methods in…
   • § 75004 The production of eggs and egg products in this state and the marketing of eggs and egg products in this state, regardless of their point of origin is hereby…
   • § 75005 A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, education, economic research…
   • § 75006 No action taken by the commission, or by any individual in accordance with this chapter or with the rules and regulations adopted under this chapter, is a…
   • § 75007 The benefits conferred by the activities authorized pursuant to this chapter extend to those segments of the egg industry doing business within this state.…
2. ARTICLE 2. Definitions §§ 75021–75036 · 18 sections

   • § 75021 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 75022 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
   • § 75023 “Commission” means the California Egg Commission.
   • § 75024 “Commissioner” means any member of the commission.
   • § 75025 “Director” means the Director of Food and Agriculture.
   • § 75026 “Districts” mean the following: (a) District 1 (Southern California) consists of the Counties of San Diego, Imperial, Orange, Riverside, San Bernardino, Los…
   • § 75027 “Eggs” means eggs from domesticated chickens handled in California for human consumption in shell egg form, except those eggs used for hatchery purposes.
   • § 75027.5 (a) “Egg products” means eggs that are not sold or used for consumption in shell egg form and that have been processed into a nonshell form. (b) For purposes…
   • § 75028 “Ex officio member” means a nonvoting member of the commission.
   • § 75029 “Handle” means to engage in the business of a handler.
   • § 75030 (a) “Handler” means the first person who sorts, grades, candles, or packages eggs, or who processes eggs into egg products, or who markets eggs or egg products…
   • § 75030.5 “Out-of-state handler” means any person located in another state who handles eggs or egg products, as specified in Section 75030, in California.
   • § 75031 “Market” or “marketing” means to sell or otherwise cause to be distributed eggs or egg products into commercial channels of trade resulting in the sale of eggs…
   • § 75032 “Marketing research” means any research relating to the sale of eggs or egg products.
   • § 75033 “Marketing season” or “fiscal year” means the period beginning January 1 of each year and extending through December 31 of the same year. However, the 1984–85…
   • § 75033.5 “Person” means an individual, sole proprietorship, partnership, corporation, cooperative, limited liability company, firm, or other business entity.
   • § 75035 “Producer” means any person who is engaged in the business of producing, or causing to be produced, eggs or egg products for market.
   • § 75036 “Secondary handler” means any person who purchases from a handler, eggs or egg products that were previously subject to assessment under this chapter.
3. ARTICLE 3. The California Egg Commission §§ 75051–75070 · 20 sections

   • § 75051 There is in the state government the California Egg Commission. The commission shall be composed of eight handler members and one public member. Of the handler…
   • § 75052 The public member shall be appointed to the commission by the director from the nominees recommended by the commission.
   • § 75053 The director, and other appropriate individuals and organizations, as determined by the commission, are ex officio members of the commission.
   • § 75054 (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…
   • § 75055 (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…
   • § 75056 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…
   • § 75057 The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities under this…
   • § 75058 (a) Three alternate handler members, one from each district and one who pays assessments exclusively on eggs or egg products produced outside of California,…
   • § 75059 (a) Any vacancy on the commission occurring for any reason, including the failure of any elected member or elected alternate member to continue in his or her…
   • § 75060 (a) 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 eggs or egg…
   • § 75061 The public member or his or her alternate has all the powers, rights, responsibilities, and privileges of any other member on the commission. The public member…
   • § 75062 (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…
   • § 75063 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…
   • § 75064 (a) The commission shall be and is hereby declared and created as a corporate body. (b) It may sue and be sued, may contract and be contracted with, and has…
   • § 75065 A quorum of the commission is five voting commissioners. Except as otherwise provided in this chapter, the commission may act by a vote of a majority of the…
   • § 75066 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.…
   • § 75067 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…
   • § 75068 (a) No commissioner, including alternates, or a member of a committee established by the commission who is a nonmember of the commission, shall receive a…
   • § 75069 (a) All funds received by any person from the assessments levied under the authority of this chapter, or otherwise received by the commission, shall be…
   • § 75070 (a) 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…
4. ARTICLE 4. Powers and Duties of the Commission §§ 75081–75098 · 20 sections

   • § 75081 The powers and duties of the commission, subject to Sections 75054 and 75055, shall include, but are not limited to, all of the powers and duties specified in…
   • § 75082 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,…
   • § 75083 The commission shall administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or deemed…
   • § 75084 The commission shall appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers that it deems necessary. The officers…
   • § 75085 (a) The commission shall employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other…
   • § 75086 The commission shall fix the compensation for all employees of the commission.
   • § 75087 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…
   • § 75088 The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of…
   • § 75089 (a) 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…
   • § 75090 The commission shall promote the sale of eggs and egg products by advertising and other promotional means, including cost-sharing advertising, to maintain and…
   • § 75090.5 (a) The commission may petition the secretary to adopt and administer any activity authorized by the California Marketing Act of 1937, Chapter 1 (commencing…
   • § 75091 The commission shall educate and instruct the wholesale and retail trade with respect to proper methods of handling and marketing eggs and egg products, to…
   • § 75092 The commission may enter into contracts to render services in formulating and conducting plans, programs, and any other contracts and agreements that the…
   • § 75092.5 The commission may accept contributions for the purpose of carrying out any activity consistent with this chapter.
   • § 75093 (a) The commission may conduct, and contract with others to conduct, marketing research, including the study, analysis, dissemination, and accumulation of…
   • § 75094 The commission may publish and distribute, without charge, bulletins or other communications for dissemination of information relating to commission activities…
   • § 75095 Pursuant to Section 75131, the commission shall establish an assessment rate to defray operating costs of the commission.
   • § 75096 (a) The commission shall prepare an annual budget according to generally accepted accounting practices. (b) Except for disbursements to pay the compensation of…
   • § 75097 The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized under this chapter,…
   • § 75098 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 §§ 75111–75120 · 10 sections

   • § 75111 (a) Within 90 days after the effective date of this chapter, the director shall establish a list of handlers subject to the provisions of this chapter and who…
   • § 75112 This chapter, except as necessary to conduct an implementation referendum, does not become operative until the director finds in a referendum conducted by him…
   • § 75113 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…
   • § 75114 Nonreceipt of a ballot does not invalidate a referendum.
   • § 75115 If the director finds that a favorable vote has been given as provided in Section 75112, he or she shall certify and give notice of the favorable vote, and…
   • § 75116 If the director finds that a favorable vote has not been given as provided in Section 75112, he or she shall so certify and declare this chapter to be…
   • § 75117 (a) Upon certification of the commission, as provided in Section 75115, the director shall, by mail ballot or by calling a meeting of all handlers, conduct the…
   • § 75118 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…
   • § 75119 (a) Prior to the implementation referendum conducted by the director pursuant to Section 75112, the proponents of the commission shall deposit with the…
   • § 75120 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 §§ 75131–75137 · 10 sections

   • § 75131 (a) The assessment on eggs and egg products shall be established by the commission, with the approval of not less than five handler members, prior to the…
   • § 75131.3 The assessment established pursuant to Section 75131 may be collected from out-of-state handlers in accordance with procedures established by the commission on…
   • § 75131.5 Prior to the beginning of each marketing season and during the 1984 marketing season, the commission, with the concurrence of the director, may exempt the sale…
   • § 75132 (a) This chapter does not apply to any person who handles not more than 26,000 cases of eggs per year, or the equivalent thereof, and to secondary handlers.…
   • § 75133 Every handler, and any person required to be registered pursuant to Section 75135.5, shall keep a complete and accurate record of all eggs and egg products…
   • § 75134 (a) All proprietary information obtained by the commission or the secretary from handlers is confidential and shall not be disclosed except when required by…
   • § 75135 Assessments shall be levied upon the handler for all eggs and egg products handled by him or her that were not previously assessed by the commission. The…
   • § 75135.5 Persons handling eggs or egg products in California which originated out of state, including persons shipping eggs or egg products into California, shall…
   • § 75136 Every handler is personally liable for the payment of the assessments. Any handler who fails to file records as prescribed by the commission or pay any…
   • § 75137 (a) For any period during which the federal Egg Marketing Order (7 C.F. R. 994) and any resulting regulations are in effect and for which a federal assessment…
7. ARTICLE 7. Actions and Penalties §§ 75151–75156 · 6 sections

   • § 75151 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…
   • § 75152 (a) The commission shall establish procedures for the purpose of addressing any claims made against the commission or any of its individual members and…
   • § 75153 (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…
   • § 75154 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.
   • § 75155 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.
   • § 75156 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 §§ 75171–75176 · 6 sections

   • § 75171 (a) Between January 1, 1989, and December 31, 1989, the commission shall conduct a referendum among handlers. A favorable vote under this chapter shall be…
   • § 75172 (a) Following a favorable referendum conducted prior to December 31, 1989, a referendum shall be conducted by the commission every fifth year thereafter…
   • § 75173 (a) 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…
   • § 75174 Prior to any referendum resulting from a petition filed in accordance with Section 75173, the petitioners shall deposit with the director an amount that the…
   • § 75175 (a) 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…
   • § 75176 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 handlers affected…