CHAPTER 17. California Pepper Commission [77201. - 77376.]

Chapter 17 added by Stats. 1988, Ch. 335, Sec. 1.

§§ 77201–77376 · 84 sections

1. ARTICLE 1. Declaration and General Provisions §§ 77201–77207 · 7 sections

   • § 77201 The production and marketing of peppers constitute an important industry of this state which not only provides substantial and necessary revenues for the state…
   • § 77202 The maintenance of the pepper industry of California is necessary to assure the consuming public of a continuous supply of this vital food and the maintenance…
   • § 77203 The production and marketing of peppers produced in this state is hereby declared to be affected with a public interest. This chapter is enacted in the…
   • § 77204 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…
   • § 77205 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,…
   • § 77206 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…
   • § 77207 A commission form of administration created by this chapter is designed to deal with the broad field of production research.
2. ARTICLE 2. Definitions §§ 77221–77231 · 11 sections

   • § 77221 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 77222 “Pepper” means all types of fruit grown in California from the plant family Solanaceae, Genus Capsicum, including seed.
   • § 77223 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
   • § 77224 “Commission” means the California Pepper Commission.
   • § 77225 (a) The commission shall be composed of five districts. The boundaries of each district shall be established by a two-thirds vote of the full commission, that…
   • § 77226 (a) “Handler” means any person engaged in marketing of peppers which the person has produced, purchased, or acquired from a producer, or is marketing on behalf…
   • § 77227 “Market” or “marketing” means to sell peppers.
   • § 77228 “Production research” means any cultural and biological research relating to field production of peppers.
   • § 77229 “Marketing year” or “fiscal year” means the period beginning March 1 of any year and extending through the last day of February of the next year.
   • § 77230 (a) “Producer” means any person in this state who grows peppers for market and who, upon request, provides proof of commodity sale. “Producer” does not include…
   • § 77231 “Ex officio member” means a nonvoting member of the commission.
3. ARTICLE 3. The California Pepper Commission §§ 77251–77268 · 19 sections

   • § 77251 (a) There is in the state government the California Pepper Commission. The commission shall be composed of five pepper producers, five pepper handlers, one…
   • § 77252 (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…
   • § 77253 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…
   • § 77254 When the secretary is required to concur in a decision of the commission, the secretary shall give his or her response to the commission within 15 working days…
   • § 77255 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to…
   • § 77256 Each member of the commission, except ex officio members, shall have an alternate member to be elected in the same manner as the member. Except as provided in…
   • § 77257 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…
   • § 77258 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…
   • § 77259 Any producer member and his or her alternate member on the commission shall be an individual producer or an employee representing a producer who has a…
   • § 77260 Any handler member and his or her alternate member on the commission shall have a financial interest in handling peppers for market, or be an employee of a…
   • § 77260.5 Any at-large member elected to the commission, and his or her alternate shall have a financial interest in the California pepper industry and shall have all…
   • § 77261 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,…
   • § 77262 The term of office of all members and alternate members of the commission, except ex officio members, shall be three years, beginning on the first day of…
   • § 77263 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,…
   • § 77264 A quorum of the commission shall be seven voting members of the commission. An alternate producer or handler member, respectively, may serve in the absence of…
   • § 77265 The secretary or his or her representative shall be notified and may attend each meeting of the commission and any committee meeting of the commission.
   • § 77266 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…
   • § 77267 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…
   • § 77268 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 §§ 77281–77299 · 19 sections

   • § 77281 The powers and duties of the commission include, but are not limited to, all of those contained in this article.
   • § 77282 The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, operating procedures, and…
   • § 77283 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…
   • § 77284 The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers…
   • § 77285 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,…
   • § 77286 The commission may fix the compensation for all employees of the commission.
   • § 77287 The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
   • § 77288 The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of…
   • § 77289 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…
   • § 77290 The commission may present facts to, and negotiate with state, federal, and foreign agencies on matters which affect this chapter.
   • § 77291 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…
   • § 77292 The commission may conduct, and contract with others to conduct, production research, including the study, analysis, accumulation, and dissemination of…
   • § 77293 The commission may accept contributions or match private, state, or federal funds, and employ or make contributions of funds to other persons or state or…
   • § 77294 The commission may publish and distribute, without charge, a bulletin or other communication for dissemination of information to producers and handlers.
   • § 77295 The commission shall establish an assessment rate to defray operating costs of the commission.
   • § 77296 The commission shall establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the secretary prior to…
   • § 77297 The commission shall submit to the secretary for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter.
   • § 77298 The commission and the secretary shall keep confidential and shall not disclose, except when required in a judicial proceeding, all lists of producers and…
   • § 77299 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 §§ 77311–77320 · 10 sections

   • § 77311 (a) Within 30 days of the effective date of this chapter, the secretary shall have established a list of producers and handlers eligible to vote on…
   • § 77312 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds as follows in a referendum…
   • § 77313 The secretary shall use fresh weight in calculating the volume voted pursuant to Section 77312. For converting dry weight and seed weight to fresh equivalent…
   • § 77314 The secretary shall establish a period in that to conduct the referendum which shall not be less than 10 days nor more than 60 days in duration, and may…
   • § 77315 Nonreceipt of a ballot shall not invalidate a referendum.
   • § 77316 If the secretary finds that a favorable vote has been given as provided in Section 77312, the secretary shall certify and give notice of the favorable vote to…
   • § 77317 If the secretary finds that a favorable vote has not been given as provided in Section 77312, the secretary shall certify and declare this chapter inoperative.…
   • § 77318 Upon certification of the commission, the secretary shall do the following: (a) Contact all producers in each district by mail or call meetings of producers in…
   • § 77319 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…
   • § 77320 (a) Prior to the referendum vote conducted by the secretary pursuant to Section 77312, the proponents of the commission shall deposit with the secretary the…
6. ARTICLE 6. Assessments and Records §§ 77331–77338 · 8 sections

   • § 77331 (a) The commission shall establish the assessment for the following marketing year not later than March 1 of each year, or as soon thereafter as is possible.…
   • § 77332 (a) Unless specified otherwise, this chapter does not apply to persons who grow peppers only for the producer’s home use or who grow or produce less than the…
   • § 77333 Every person who handles peppers in California, including persons who handle less than the tonnage threshold established pursuant to Section 77226, shall keep…
   • § 77334 (a) All proprietary information obtained by the commission or the director from producers or handlers is confidential and shall not be disclosed except when…
   • § 77335 Any assessment which is levied as provided for in this chapter is a personal debt of every producer and handler so assessed.
   • § 77336 Every handler shall be personally liable for the payment of collected assessments to the commission. Failure of a handler to collect the assessment shall not…
   • § 77337 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…
   • § 77338 When the producer or handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any…
7. ARTICLE 7. Actions and Penalties §§ 77351–77354 · 4 sections

   • § 77351 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…
   • § 77352 The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the…
   • § 77353 (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…
   • § 77354 Termination of this chapter shall not affect or waive any right, duty, obligation, or liability which has arisen or which may thereafter arise in connection…
8. ARTICLE 8. Continuation or Suspension and Termination §§ 77371–77376 · 6 sections

   • § 77371 Between May 1, 1993, and April 30, 1994, the commission shall cause a referendum to be conducted among producers and handlers to determine whether the…
   • § 77372 Following a favorable referendum conducted prior to April 30, 1994, a referendum shall be conducted by the commission every fifth year thereafter unless a…
   • § 77373 (a) Upon a finding by a two-thirds vote of the full commission that the operation of this chapter has not tended to effectuate its declared purposes, the…
   • § 77374 (a) The secretary shall terminate the commission at the end of the then current marketing year if the director finds that the termination of the commission is…
   • § 77375 After the effective date of suspension, the operation of the commission shall be concluded and any and all funds remaining held by the commission and not…
   • § 77376 Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all persons affected by the suspension whose…