CHAPTER 19. California Date Commission [77701. - 77885.]

Heading of Chapter 19 amended by Stats. 1995, Ch. 130, Sec. 1.

§§ 77701–77885 · 92 sections

1. ARTICLE 1. Declaration and General Provisions §§ 77701–77710 · 10 sections

   • § 77701 The inability of the date industry to maintain or expand present markets for dates may result in unnecessary economic waste.
   • § 77702 The production and marketing of dates constitutes an important industry that provides substantial and necessary revenues for the state and employment for its…
   • § 77703 The maintenance of the date industry in California is necessary to assure the public of a continuous supply of this vital product and the maintenance of needed…
   • § 77704 Opportunity exists for continued growth and expansion of the industry by creating new markets in major portions of this country and abroad. The success of the…
   • § 77705 The successes that the date industry has enjoyed have come in part through a commitment to industry funded research that has led to significant improvements in…
   • § 77706 The production and marketing of dates in this state is hereby declared to be affected with the public interest. This chapter is enacted in the exercise of the…
   • § 77707 It is hereby declared as a matter of legislative determination that commission members and alternates are intended to represent and further the interest of a…
   • § 77708 This chapter shall be liberally construed. If any provision of this chapter or application thereof to any person or circumstances is held invalid, the…
   • § 77709 A commission form of administration created by this chapter is uniquely situated to provide those engaged in the marketing of dates the opportunity to avail…
   • § 77710 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…
2. ARTICLE 2. Definitions §§ 77721–77736 · 17 sections

   • § 77721 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 77722 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
   • § 77723 “Commission” means the California Date Commission.
   • § 77724 “Commissioner” means any member of the commission.
   • § 77725 “Date” means any variety of date produced in California, whether handled in whole or processed form.
   • § 77726 “Department” means the Department of Food and Agriculture.
   • § 77727 “Ex officio member” means a nonvoting member of the commission.
   • § 77727.5 “Handle” means to engage in the business of a handler.
   • § 77728 “Handler” means any person engaged in processing and marketing dates that the person has produced, purchased, or acquired from a producer, or is marketing on…
   • § 77729 “Market” or “marketing” means to sell, consign, or otherwise distribute dates into commercial channels of trade resulting in the sale of dates. Dates shall…
   • § 77730 “Marketing research” means any research relating to the sale of dates.
   • § 77731 “Marketing year” or “marketing season” means the period from October 1 of any year to September 30, inclusive, of the following year. The marketing year may be…
   • § 77732 “Process” and “processing” are synonymous and mean the operations of receiving, cleaning, grading, freezing, drying, preserving, chopping, mashing, pitting,…
   • § 77733 “Producer” means any person in this state who grows dates of any variety, and who, upon request, provides proof of commodity sale.
   • § 77734 “Product research” means any research related to the development of new uses for dates.
   • § 77735 “Production research” means any research related to the production, harvest, or post-harvest handling of dates.
   • § 77736 “Secretary” means the Secretary of Food and Agriculture.
3. ARTICLE 3. The California Date Commission §§ 77751–77767 · 18 sections

   • § 77751 (a) There is in state government the California Date Commission. Except as otherwise provided in Section 77752.5, the commission is composed of six date…
   • § 77752 District 1 consists of all of Riverside County. Additional districts may be added pursuant to Section 77752.5, and shall be numbered consecutively beginning…
   • § 77752.5 (a) Handlers of dates who are not subject to this chapter on the date it becomes operative pursuant to Article 5 (commencing with Section 77811) may petition…
   • § 77753 (a) The secretary may require the commission to correct or cease any activity or function that is determined by the secretary not to be in the public interest…
   • § 77754 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…
   • § 77755 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…
   • § 77756 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to…
   • § 77757 An alternate member to each member of the commission, except the ex officio members, shall be elected or appointed in the same manner and for the same term as…
   • § 77758 Any vacancy on the commission occurring by the failure of any person elected to or serving on the commission as a member or alternate member to continue in his…
   • § 77759 (a) Any member and alternate on the commission shall be an individual, partner, or employee representing a handler who has a financial interest in handling…
   • § 77760 The public member and his or her alternate member on the commission shall have all of the powers, rights, and privileges of any other member or alternate…
   • § 77761 The term of office of all members and alternate members of the commission, except any ex officio member, shall be three years from the date of their election…
   • § 77762 The commission is hereby declared and created a corporate body. It may sue and be sued, enter into contracts, adopt a seal, and has all of the powers of a…
   • § 77763 A quorum of the commission is a majority of the voting members of the commission. Except as otherwise provided in subdivision (b) of Section 77841 and Sections…
   • § 77764 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.…
   • § 77765 No member of the commission, or member of a committee established by the commission who is a nonmember of the commission, shall receive any compensation. Each…
   • § 77766 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…
   • § 77767 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 §§ 77781–77801 · 21 sections

   • § 77781 The powers and duties of the commission include, but are not limited to, all of those specified in this article.
   • § 77782 The commission may adopt, and from time to time alter, rescind, modify, and amend all necessary and proper bylaws, rules, regulations, and orders in accordance…
   • § 77783 The commission may administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably…
   • § 77784 The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers it deems necessary. The officers have…
   • § 77785 Notwithstanding any other provision of law, the commission may employ a person to serve at the pleasure of the commission as president and chief executive…
   • § 77786 The commission may fix the compensation for all employees of the commission.
   • § 77787 The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
   • § 77788 The commission may establish offices, incur expenses, enter into contracts and agreements, create liabilities, and borrow funds in advance of receipt of…
   • § 77789 The commission shall keep accurate books, records, and accounts of all its dealings that shall be subject to an annual audit by an auditing firm selected by…
   • § 77790 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…
   • § 77791 The commission may conduct, and contract with others to conduct, marketing research, product research, production research, and any other research related to…
   • § 77792 The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the date industry.
   • § 77793 The commission may promote the sale of dates by advertising and other promotional means, including cost-sharing advertising, for the purpose of maintaining and…
   • § 77794 The commission may educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling dates, and conduct market surveys…
   • § 77795 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…
   • § 77796 The commission may publish and distribute, without charge, bulletins and other communications for the dissemination of information to handlers.
   • § 77797 The commission shall establish an assessment rate to defray the operating costs of the commission to carry out the purposes of this chapter.
   • § 77798 The commission shall adopt an annual budget according to accepted accounting practices. The secretary shall concur in the adoption of the budget prior to the…
   • § 77799 The commission shall annually prepare and submit to the secretary, for his or her concurrence, a statement of contemplated activities authorized pursuant to…
   • § 77800 The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for…
   • § 77801 The commission may administer, if requested by an advisory board, a board of directors, or any other authorized agent of a governmental program, any program…
5. ARTICLE 5. Implementation and Voting Procedures §§ 77811–77818 · 8 sections

   • § 77811 (a) Within 15 days of the effective date of this section, the secretary shall establish a list of handlers eligible to vote on implementation of this chapter.…
   • § 77812 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds, in a referendum vote…
   • § 77813 (a) The secretary shall establish a period to conduct the referendum that shall not be less than 10 days or more than 60 days in duration, and may prescribe…
   • § 77814 The failure of a handler to receive a ballot shall not invalidate a referendum.
   • § 77815 If the secretary finds that a favorable vote has been given as provided in this article, the secretary shall certify and declare this chapter operative and…
   • § 77816 If the secretary finds that a favorable vote has not been given as provided in this article, the secretary shall certify and declare this chapter inoperative.…
   • § 77817 Upon certification of the commission, the eligible handler members and alternates of any body operating pursuant to an existing federal marketing order for…
   • § 77818 (a) Prior to the secretary holding the referendum pursuant to this article, the proponents of the commission shall deposit with the secretary any amounts that…
6. ARTICLE 6. Assessments and Records §§ 77841–77847 · 8 sections

   • § 77841 (a) The commission, prior to the beginning of each marketing year, or as soon thereafter as possible, shall establish the assessment for the following…
   • § 77842 This chapter does not apply to any person who handles less than 25,000 pounds of dates per year. However, any such person shall file an affidavit with the…
   • § 77842.5 (a) Every person who handles dates in any quantity shall keep a complete and accurate record of all dates handled. The records shall be in simple form and…
   • § 77843 (a) All proprietary information obtained by the commission or the secretary from handlers is confidential and shall not be disclosed except when required by a…
   • § 77844 The assessments shall be levied upon and paid by the handler pursuant to this chapter.
   • § 77845 Any assessment that is levied pursuant to this chapter is a personal debt of every handler so assessed.
   • § 77846 Any handler who fails to file a return or pay any assessment within the time required by the commission shall pay the commission a penalty of 10 percent of the…
   • § 77847 In addition to any other penalty imposed, the commission may require any person who fails to pay assessments or related charges pursuant to this article to…
7. ARTICLE 7. Actions and Penalties §§ 77861–77865 · 5 sections

   • § 77861 It is unlawful for any person to do any of the following: (a) Fail to render or furnish a report, statement, or record required by the commission. (b)…
   • § 77862 The commission shall adopt procedures to grant individuals aggrieved by its actions or determinations an informal hearing before the commission or before a…
   • § 77863 (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…
   • § 77864 Any action by the commission for any violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. Any…
   • § 77865 The suspension or termination of this chapter does not affect or waive any right, duty, obligation, or liability that has arisen or that may thereafter arise…
8. ARTICLE 8. Continuation or Suspension and Termination §§ 77881–77885 · 5 sections

   • § 77881 (a) Every six years, beginning in the 2001–02 marketing year, the secretary shall hold a hearing to determine whether the operation of this chapter should be…
   • § 77882 If a referendum is conducted as the result of a petition pursuant to Section 77883, the hearing pursuant to Section 77881 shall be conducted every sixth year…
   • § 77883 (a) Upon a finding by a 2/3 vote of the membership of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the…
   • § 77884 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…
   • § 77885 Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all handlers whose names and addresses are on…