CHAPTER 17.5. California Strawberry Commission [77401. - 77500.]
Chapter 17.5 added by Stats. 1993, Ch. 805, Sec. 1.
§§ 77401–77500 · 73 sections
ARTICLE 1. Declaration and General Provisions §§ 77401–77407 · 7 sections
- § 77401 The production and marketing of strawberries constitutes an important industry of this state that provides substantial and necessary revenues for the state and…
- § 77402 The establishment of the commission is necessary for the efficient creation and management of a research program to develop improved varieties of strawberries,…
- § 77403 The maintenance of the strawberry industry of California is necessary to assure the public of a continuous supply of this vital product and the maintenance of…
- § 77404 The production and marketing of strawberries produced in this state is hereby declared to be affected with the public interest. This chapter is enacted in the…
- § 77405 A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and…
- § 77406 No action taken by the commission, or by any individual in accordance with this chapter or with rules and regulations adopted under the chapter, shall be…
- § 77407 It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of the…
ARTICLE 2. Definitions §§ 77410–77425 · 17 sections
- § 77410 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 77411 “Strawberries” mean all strawberries produced in California for commercial purposes.
- § 77412 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
- § 77413 “Commission” means the California Strawberry Commission.
- § 77414 “Crate” means a shipping container holding more than six pint baskets, or the equivalent volume thereof, and no more than 12 pint baskets, or the equivalent…
- § 77415 “Director” means the Director of Food and Agriculture.
- § 77416 “Districts” consist of the following: (a) District 1 consists of San Diego, Imperial, and Riverside Counties. (b) District 2 consists of Los Angeles, Orange,…
- § 77417 “Ex officio members” are nonvoting members of the commission.
- § 77417.5 “Market” or “marketing” means to sell or otherwise distribute strawberries into commercial channels or trade resulting in the sale of strawberries.
- § 77418 “Marketing research” means any research relating to the sale of strawberries.
- § 77419 “Marketing season” or “fiscal year” are synonymous terms and mean the period beginning February 1 of any year and extending through the last day of January of…
- § 77420 “Process” and “processing” are synonymous terms and mean the operations of receiving, cleaning, grading, capping, slicing, canning, freezing, preserving, or…
- § 77421 “Processor” means any person who performs any of the functions of processing strawberries within California. When a processor is a corporation, all of the…
- § 77422 “Producer” and “grower” are synonymous terms and mean any person who produces or causes to be produced strawberries for market and who shall, upon request of…
- § 77423 “Production research” means any research relating to the production, harvest, and post harvest handling of strawberries.
- § 77424 “Ship” and “shipping” are synonymous terms and mean the operations of receiving, grading, cleaning, transporting, distributing, or otherwise preparing for…
- § 77425 “Shipper” means any person who performs any of the functions of shipping strawberries within California. When the shipper is a corporation, all of the…
ARTICLE 3. The California Strawberry Commission §§ 77430–77447 · 18 sections
- § 77430 (a) There is in the state government the California Strawberry Commission. Except as provided in subdivision (d), the commission shall be composed of 13…
- § 77431 The director may require the commission to correct or cease any existing activity or function that is determined by the director not to be in the public…
- § 77432 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…
- § 77433 The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities under this…
- § 77434 Except for the ex officio members of the commission, an alternate member for each member shall be elected in the same manner as the member. An alternate…
- § 77435 Any vacancy on the commission including, but not limited to, the failure of any person elected to the commission as a member or alternate member to continue in…
- § 77436 A producer member or his or her alternate on the commission shall be an individual, partner, or employee of a producer who has a financial interest in…
- § 77437 A shipper member or his or her alternate on the commission shall be an individual, partner, or employee of a shipper who has a financial interest in shipping,…
- § 77438 A processor member or his or her alternate on the commission shall be an individual, partner, or employee of a processor who has a financial interest in…
- § 77439 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 public…
- § 77440 The term of office of all members of the commission and alternates, except any ex officio member, shall be two years from the date of their election and until…
- § 77441 The commission shall be and is hereby declared and created a corporate body. It may sue and be sued, enter into contracts, adopt a corporate seal, and has all…
- § 77442 A quorum of the commission is a majority of the voting producer members, a majority of the voting shipper members, and a majority of the voting processor…
- § 77443 The director or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission.…
- § 77444 No member of the commission or of any committee established by the commission, which may include nonmembers of the commission, shall receive a salary. Except…
- § 77445 If 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…
- § 77446 All moneys received by any person from assessments levied under the authority of this chapter or otherwise received by the commission shall be deposited in…
- § 77447 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 chapter…
ARTICLE 4. Powers and Duties of the Commission § 77451 · 1 section
- § 77451 The powers and duties of the commission shall include, but are not limited to, all of the following: (a) Adopt and from time to time alter, rescind, modify,…
ARTICLE 5. Implementation and Voting Procedures §§ 77461–77468 · 9 sections
- § 77461 Within 90 days after the effective date of this chapter, the director shall establish a list of producers, processors, and shippers eligible to vote on the…
- § 77462 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the director finds in a referendum conducted…
- § 77463 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…
- § 77464 Nonreceipt of a ballot shall not invalidate a referendum.
- § 77464.5 In finding whether the commission is approved pursuant to this article, the vote of any nonprofit agricultural cooperative marketing association that is…
- § 77465 If the director finds that a favorable vote has been given as provided in Section 77462, he or she shall so certify and give notice of the vote to all…
- § 77466 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 this chapter inoperative.…
- § 77467 Upon certification of the commission, the members and alternates of anybody operating pursuant to an existing state marketing order affecting the same subject…
- § 77468 Prior to the referendum vote conducted by the director pursuant to this article, the proponents of the commission shall deposit with the director an amount of…
ARTICLE 6. Assessments and Records §§ 77481–77488 · 9 sections
- § 77481 The commission shall, not later than February 1 of each year, establish the assessment for the marketing season that begins February 1 and continues through…
- § 77481.5 An assessment established by the commission shall require a favorable vote of not less than two-thirds of the voting producer members, a majority of the voting…
- § 77482 This chapter does not apply to strawberries produced only for a producer’s home use or to strawberries that are used only for ornamental purposes.
- § 77483 Every shipper and processor shall keep a complete and accurate record of all strawberries shipped or processed by him or her with the name of the producer…
- § 77484 All proprietary information obtained by the commission or the director from any source, including the names and addresses of producers, shall be confidential…
- § 77485 Producer assessments shall be upon the producer. The first shipper or processor of strawberries being assessed shall deduct the assessment from amounts paid by…
- § 77486 Every shipper or processor shall be personally liable for the payment of the collected assessments from producers, and failure to collect the assessment from…
- § 77487 Any assessment that is levied as provided in this chapter is a personal debt of every producer, processor, or shipper so assessed. Failure of a shipper or…
- § 77488 (a) Any producer, shipper, or processor who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission…
ARTICLE 7. Actions and Penalties §§ 77491–77497 · 7 sections
- § 77491 It is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000) or by both…
- § 77492 The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the…
- § 77493 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…
- § 77494 Any action by the commission for any penalty or other remedy that is prescribed under this chapter shall be commenced within two years from the date of…
- § 77495 The commission is not required to allege or prove that an adequate remedy at law does not exist in any action brought under this chapter.
- § 77496 This chapter shall be liberally construed. If any section, clause, or part of this chapter is for any reason held unconstitutional or invalid as applied to any…
- § 77497 The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that may thereafter arise in connection…
ARTICLE 8. Continuation or Suspension and Termination §§ 77498–77500 · 5 sections
- § 77498 Every five years, commencing with the 1999–2000 marketing season, the director shall hold a hearing to determine whether the operation of this chapter should…
- § 77498.5 Following a hearing, and favorable referendum if required, conducted prior to January 31, 2000, the process specified in Section 77498 shall be conducted by…
- § 77499 (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…
- § 77499.5 After the effective date of suspension of this chapter and of the commission, the operations of the commission shall be concluded and all moneys held by the…
- § 77500 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,…