CHAPTER 16.5. California Walnut Commission

Heading of Chapter 16.5 renumbered from Chapter 16 (as added by Stats. 1987, Ch. 12) by Stats. 1990, Ch. 216, Sec. 32.

§§ 77001–77195 · 92 sections

1. ARTICLE 1. Declaration and General Provisions §§ 77001–77008 · 11 sections

   • § 77001 The production and handling of walnuts constitute an important industry of this state. This industry not only provides substantial and necessary revenues for…
   • § 77002 The maintenance and expansion of the walnut industry of California is necessary to ensure the consuming public of a continuous supply of this vital food and…
   • § 77003 It is necessary for human nutrition and public benefit that the public be made aware of accurate and scientific information relative to the beneficial…
   • § 77003.5 The establishment of the commission is necessary for the efficient development and management of a national and international advertising and promotion program…
   • § 77003.6 The successes that the walnut industry of California have enjoyed have come about in part through a commitment to industry-funded research that has led to…
   • § 77004 The production and handling of walnuts produced in this state is hereby declared to be affected with a public interest. This chapter is enacted in the exercise…
   • § 77005 No action taken by the commission, nor by any individual in accordance with this chapter or with the rules and regulations adopted under this chapter, is a…
   • § 77006 This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the…
   • § 77007 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…
   • § 77007.5 Opportunity exists for continued growth and expansion of the walnut industry by creating new markets. The success of that expansion program is uniquely…
   • § 77008 The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of walnuts the opportunity to…
2. ARTICLE 2. Definitions §§ 77021–77034 · 14 sections

   • § 77021 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 77022 “Walnuts” means only walnuts of the English (Juglans regia) varieties grown in California.
   • § 77023 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
   • § 77024 “Commission” means the California Walnut Commission.
   • § 77026 “Handle” or “handling” means to market, pack, sell, consign, transport, or ship, except as a common or contract carrier of walnuts owned by another person, or…
   • § 77027 (a) The districts consist of the following: (1) District 1 consists of the counties in the state that lie north of a line drawn on the south boundaries of the…
   • § 77028 “Handler” means any person who handles inshell or shelled walnuts.
   • § 77029 “Pack” means to bleach, clean, grade, shell, or otherwise prepare walnuts for market as inshell or shelled walnuts.
   • § 77030 “Marketing research” means any research relating to the marketing of walnuts in domestic or foreign markets.
   • § 77031 “Marketing year” or “fiscal year” means the period from August 1 of any year to July 31, inclusive, of the next year. Beginning September 1, 2008, “marketing…
   • § 77031.5 “Person” means any individual, partnership, limited liability partnership, corporation, limited liability company, or other association or entity doing…
   • § 77032 “Producer” means any person in this state who grows walnuts for market and who, upon request, provides proof of commodity sale. “Producer” does not include any…
   • § 77033 “Ex officio member” means a nonvoting member of the commission.
   • § 77034 “Advertising and sales promotion” means, in addition to its ordinarily accepted meaning, any plan directed toward increasing the sale of walnuts in domestic or…
3. ARTICLE 3. The California Walnut Commission §§ 77051–77069 · 19 sections

   • § 77051 (a) There is in state government the California Walnut Commission. The commission shall be composed of eight walnut producers who are not handlers, four walnut…
   • § 77052 (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…
   • § 77053 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…
   • § 77054 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…
   • § 77055 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to…
   • § 77056 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…
   • § 77057 Any vacancy on the commission occurring by the failure of any person elected to the commission as a producer member or alternate producer member to continue in…
   • § 77058 Any vacancy on the commission occurring by the failure of any person elected to the commission as a handler member or alternate handler member to continue in…
   • § 77059 Any vacancy on the commission occurring by the failure of the public member or alternate member to continue in his or her position due to a change in status…
   • § 77060 Any producer member and his or her alternate member on the commission shall be an individual or an employee representing a producer who has a financial…
   • § 77061 Any handler member and his or her alternate member on the commission shall have a financial interest in handling walnuts for market.
   • § 77062 The public member and his or her alternate member on the commission shall have all the powers, rights, and privileges of any other member or alternate member,…
   • § 77063 For the 2006 marketing year, the term of office of all members of the commission, except ex officio members, shall be from the beginning of the marketing year…
   • § 77064 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,…
   • § 77065 A quorum of the commission shall be eight voting members of the commission. Except as provided in Section 77027, a vote in favor of a motion by nine members…
   • § 77066 The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission.
   • § 77067 No member of the commission or of any committee established by the commission that may include nonmembers of the commission shall receive a salary. Except for…
   • § 77068 All funds received by any person from the assessments levied pursuant this chapter or otherwise received by the commission shall be deposited in banks which…
   • § 77069 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…
4. ARTICLE 4. Powers and Duties of the Commission §§ 77081–77102 · 22 sections

   • § 77081 The powers and duties of the commission shall include, but are not limited to, all of those contained in this article.
   • § 77082 The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, operating procedures, and…
   • § 77083 The commission may administer and enforce this chapter and do and perform all acts and exercise all powers incidental to, or in connection with, deemed…
   • § 77084 The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and any other officers as it deems necessary. The officers…
   • § 77085 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,…
   • § 77086 The commission may fix the compensation for all employees of the commission.
   • § 77087 The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
   • § 77088 The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of…
   • § 77089 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…
   • § 77090 The commission may promote the sale of walnuts by brand and generic advertising and other promotional means, including tie-in advertising, for the purpose of…
   • § 77091 The commission may educate and instruct the wholesale and retail trade in domestic and foreign markets with respect to proper methods of handling walnuts.
   • § 77092 The commission may make market surveys and analyses.
   • § 77093 The commission may present facts to, and negotiate with, local, state, federal, and foreign agencies on matters that affect the walnut industry pursuant to…
   • § 77094 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…
   • § 77095 The commission may conduct, and contract with others to conduct, research, including the study, analysis, accumulation, and dissemination of information…
   • § 77096 The commission may accept contributions of, or match, private, state, or federal funds and employ or make contributions of funds to other persons or state or…
   • § 77097 The commission may collect information, including, but not limited to, industry crop statistics, and may publish and distribute without charge a bulletin or…
   • § 77098 The commission shall establish an assessment rate to defray operating costs of the commission.
   • § 77099 The commission shall establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the secretary prior to…
   • § 77100 The commission shall submit to the secretary, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter.
   • § 77101 All lists of producers in the possession of the commission or the secretary are confidential and shall not be disclosed except when required by a court order…
   • § 77102 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 §§ 77121–77131 · 9 sections

   • § 77121 (a) The secretary shall establish a list of producers eligible to vote on implementation of this chapter. In establishing the list, the secretary shall require…
   • § 77123 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds in a referendum vote…
   • § 77124 The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days or more than 60 days in duration and may…
   • § 77125 Nonreceipt of a ballot shall not invalidate a referendum.
   • § 77126 If the secretary finds that a favorable vote has been given as provided in Section 77123, the secretary shall so certify and give notice of the favorable vote…
   • § 77127 If the secretary finds that a favorable vote has not been given as provided in Section 77123, the secretary shall so certify and declare this chapter…
   • § 77130 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…
   • § 77130.5 Subsequent to the initial implementation referendum vote and the first election of commissioners, the commission shall establish procedures for the purpose of…
   • § 77131 (a) Prior to the referendum vote conducted by the secretary pursuant to Section 77123, the proponents of the commission shall deposit with the secretary the…
6. ARTICLE 6. Assessments and Records §§ 77151–77158 · 8 sections

   • § 77151 (a) The commission shall establish the assessment for the following marketing year not later than the first day of each marketing year or as soon thereafter as…
   • § 77152 This chapter does not apply to the walnuts produced only for the producer’s home use and to producers who handle 2,000 pounds or less of walnuts in the…
   • § 77153 Every handler shall keep a complete and accurate record of all walnuts handled with the name of the producer whose walnuts were handled. The records shall be…
   • § 77154 All proprietary information obtained by the commission or the secretary from producers or handlers is confidential and shall not be disclosed except when…
   • § 77155 Every handler shall be personally liable for the payment of collected assessments to the commission, and the failure of a handler to collect the assessment…
   • § 77156 Any assessment which is levied as provided for in this chapter is a personal debt of every producer so assessed. Failure of a handler to collect the assessment…
   • § 77157 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…
   • § 77158 When the handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability…
7. ARTICLE 7. Actions and Penalties §§ 77171–77174 · 4 sections

   • § 77171 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…
   • § 77172 The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the…
   • § 77173 (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…
   • § 77174 Termination of this chapter shall not affect or waive any right, duty, obligation, or liability which shall have arisen or which may thereafter arise in…
8. ARTICLE 8. Continuation or Suspension and Termination §§ 77191–77195 · 5 sections

   • § 77191 This chapter shall become inoperative at the end of any marketing year in which targeted export assistance funds provided by the federal government have been…
   • § 77192 (a) Notwithstanding Section 77191, the secretary shall terminate the commission at the end of the then current marketing year in accordance with Sections 77194…
   • § 77193 (a) Every six years, beginning in the 1992–93 marketing year, the secretary shall hold a hearing to determine whether operation of this chapter should be…
   • § 77194 After the effective date of suspension of the operation of this chapter, the operation of the commission shall be concluded and any and all funds remaining…
   • § 77195 Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all producers affected by the suspension…