CHAPTER 14. California Cherry Commission [76001. - 76185.]

Chapter 14 added by Stats. 1984, Ch. 1176, Sec. 1.

§§ 76001–76185 · 83 sections

1. ARTICLE 1. Declaration and General Provisions §§ 76001–76006 · 6 sections

   • § 76001 The inability of cherry producers to maintain or expand present markets for California cherries may result in unnecessary economic waste.
   • § 76002 These conditions vitally concern the health, peace, safety, and general welfare of the people of this state. It is, therefore, in the public interest to…
   • § 76003 The promotional, educational, economic, and marketing research, and any similar activities authorized by this chapter will serve to expand existing markets,…
   • § 76004 It is hereby declared to be the policy of this state to aid in preventing economic waste in the marketing of cherries, to develop more efficient and equitable…
   • § 76005 A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and…
   • § 76006 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 §§ 76021–76034 · 14 sections

   • § 76021 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 76022 “Cherry” means any variety of cherry produced in the state, including any cherries produced in this state and delivered to a processor for processing into any…
   • § 76023 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
   • § 76024 “Commission” means the California Cherry Commission.
   • § 76025 “Commissioner” means any member of the commission.
   • § 76026 “Grower-handler” means any person who engages in the operation of selling, marketing, or distributing cherries which he or she has produced. When the…
   • § 76027 “Shipper” means any person who engages in the operation of selling, marketing, handling, or distributing cherries which he or she has purchased or acquired…
   • § 76028 “Ex officio member” means a nonvoting member of the commission.
   • § 76029 “Processor” means every person and every plant within this state to whom or to which cherries are delivered for the purpose of drying, dehydrating, canning,…
   • § 76030 “Marketing research” means any research relating to the marketing of cherries.
   • § 76031 “Marketing season” or “fiscal year” means the period beginning on April 1 of any year and extending through March 31 of the next year.
   • § 76032 “Process” means to engage in the business of a processor.
   • § 76033 “Producer” or “grower” means any person who is engaged within this state in the business of producing or causing to be produced on land totaling more than one…
   • § 76034 “Production research” means any research related to the production, harvest, and postharvest handling of cherries, other than marketing research.
3. ARTICLE 3. The California Cherry Commission §§ 76051–76067 · 17 sections

   • § 76051 (a) There is in state government the California Cherry Commission. The commission is composed of eight cherry producers or grower-handlers who are not…
   • § 76052 (a) The districts consist of the following: (1) District 1 is all that area in San Joaquin County east of Jack Tone Road or any extension of that road. (2)…
   • § 76053 When the director is required to concur in a decision of the commission, he or she shall indicate his or her response to the commission within 15 working days…
   • § 76054 (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…
   • § 76055 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…
   • § 76056 The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities under this…
   • § 76057 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 alternative…
   • § 76058 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 or her…
   • § 76059 (a) Any producer member, grower-handler member, or the member’s alternate on the commission shall be an individual or an employee representing a producer who…
   • § 76060 The public member or his or her alternate on the commission, shall have all the powers, rights, and privileges of any other member on the commission. The…
   • § 76061 The term of office of all members of the commission, except any ex officio member, shall be two years from the date of their election and until their…
   • § 76062 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,…
   • § 76063 A quorum of the commission shall be any six voting commissioners. Except for Sections 76052 and 76182, the vote of the majority of members present at a meeting…
   • § 76064 The director or his or her representative shall be notified and may attend meetings of the commission, including committee meetings.
   • § 76065 No member of the commission or member of a committee established by the commission shall receive a salary. Each member of the commission, except ex officio…
   • § 76066 All money received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited in…
   • § 76067 (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 §§ 76081–76099 · 19 sections

   • § 76081 The powers and duties of the commission include, but are not limited to, all of the powers and duties enumerated in this article.
   • § 76082 The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, operating procedures, and…
   • § 76083 The commission may administer and enforce this chapter, and do and perform all acts and exercise all powers incidental to, or in connection with, or deemed…
   • § 76084 The commission may appoint its own officers, including a chairman, one or more vice chairmen, and any other officers that it deems necessary. The officers…
   • § 76085 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,…
   • § 76086 The commission may fix the compensation for all employees of the commission.
   • § 76087 The commission may appoint committees composed of both members and nonmembers of the commission, such as a processor or shipper advisory committee, to advise…
   • § 76088 The commission may establish offices, incur expenses, enter into contracts and agreements, create liabilities, and borrow funds in advance of receipt of…
   • § 76089 (a) 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…
   • § 76090 The commission may promote the sale of cherries by advertising and other promotional means, including cost-sharing advertising, for the purpose of maintaining…
   • § 76091 The commission may educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling cherries; make market surveys and…
   • § 76092 The commission may make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts…
   • § 76093 The commission may conduct and contract with others to conduct scientific research, including the study, analysis, dissemination, and accumulation of…
   • § 76094 The commission may publish and distribute, without charge, a bulletin or other communication for dissemination of information to producers, shippers,…
   • § 76095 The commission may establish an assessment rate to defray operating costs of the commission.
   • § 76096 The commission may establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the director prior to…
   • § 76097 The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized under this chapter.
   • § 76098 The commission may manage, if requested by an advisory board, a board of directors, or any other authorized agent, any governmental program establishing grades…
   • § 76099 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 §§ 76111–76120 · 10 sections

   • § 76111 (a) Within 90 days after a request by the proponents of the commission, or as soon thereafter as possible, the director shall establish a list of producers…
   • § 76112 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the director finds, in a referendum conducted…
   • § 76113 (a) 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…
   • § 76114 Nonreceipt of a ballot shall not invalidate a referendum.
   • § 76115 If the director finds that a favorable vote has been given as provided in this article, he or she shall certify and declare this chapter operative and give…
   • § 76116 If the director finds that a favorable vote has not been given as provided in this article, he or she shall so certify and declare that this chapter is not…
   • § 76117 Upon certification of the commission, the director shall contact, by mail, every producer and grower-handler in each district and every shipper or shall call…
   • § 76118 To be eligible for election to the commission, producer, grower-handler, and shipper nominees must present to the director a nomination petition with…
   • § 76119 Subsequent to the first election of members of the commission pursuant to this chapter, persons to be elected to the commission shall be selected pursuant to…
   • § 76120 (a) Prior to the referendum vote conducted by the director pursuant to this article, the proponents of the commission shall deposit with the director any…
6. ARTICLE 6. Assessments and Records §§ 76141–76148 · 8 sections

   • § 76141 (a) The commission shall, not later than April 20 of each year, establish the assessment for the following marketing season, which shall not exceed fifteen…
   • § 76142 This chapter does not apply to cherries produced for the producer’s home use, to cherries used only for ornamental purposes, or to cherries grown on land…
   • § 76143 (a) Every processor, shipper, and grower-handler shall keep a complete and accurate record of all cherries processed, shipped, or grower handled by him or her,…
   • § 76144 All proprietary information obtained by the commission or the director from producers, processors, shippers, or grower-handlers is confidential and shall not…
   • § 76145 Assessments shall be upon the producer. The first shipper, grower-handler, or processor of cherries being assessed shall deduct the assessment from amounts…
   • § 76146 Every processor, shipper, and grower-handler is personally liable for the payment of the collected assessments, and failure of the processor, shipper or…
   • § 76147 Any assessment which is levied as provided for in this chapter, is a personal debt of every producer so assessed. Failure of a processor, shipper, or…
   • § 76148 Any producer, processor, shipper, or grower-handler who fails to file a return or pay any assessment within the time required by the commission shall pay to…
7. ARTICLE 7. Actions and Penalties §§ 76161–76163 · 3 sections

   • § 76161 It is unlawful to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by the commission. (b) When engaged in…
   • § 76162 The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the…
   • § 76163 (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…
8. ARTICLE 8. Continuation or Suspension and Termination §§ 76181–76185 · 6 sections

   • § 76181 Except as otherwise specified in this article, the commission shall cause a referendum to be conducted among producers pursuant to Article 5 (commencing with…
   • § 76182 If a referendum is conducted as the result of a petition pursuant to Section 76183, it shall be conducted every fifth year following the industry petitioned…
   • § 76183 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…
   • § 76183.5 (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…
   • § 76184 After the effective date of suspension of the operation of this chapter, the operations of the commission shall be concluded and any and all moneys remaining…
   • § 76185 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…