CHAPTER 20. California Cut Flower Commission
Chapter 20 added by Stats. 1990, Ch. 495, Sec. 1.
§§ 77901–78007 · 87 sections
ARTICLE 1. Declaration and General Provisions §§ 77901–77907 · 7 sections
- § 77901 The production and marketing of cut flowers and cut greens products constitute an important industry of this state which not only provides substantial and…
- § 77902 The maintenance of the cut flowers and cut greens industry of California is necessary to assure the consuming public of a continuous supply of this product and…
- § 77903 The production and marketing of cut flowers and cut greens produced in this state are hereby declared to be affected with a public interest. This chapter is…
- § 77904 No action taken by the commission, or by any individual in accordance with this chapter or with regulations adopted under this chapter, is a violation of the…
- § 77905 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,…
- § 77906 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…
- § 77907 A commission form of administration created by this chapter is designed to deal with the broad field of production research, education, advertising, market…
ARTICLE 2. Definitions §§ 77910–77924 · 15 sections
- § 77910 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 77911 “Flower” means all types of cut flowers and cut greens grown in California for decorative purposes.
- § 77912 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
- § 77913 “Commission” means the California Cut Flower Commission.
- § 77914 (a) “Districts” shall be based on the gross dollar value of the product grown in a geographical area as follows: (1) District 1 consists of the Counties of…
- § 77915 “Market” or “marketing” means to sell flowers.
- § 77916 “Production research” means any cultural and biological research relating to field production of flowers.
- § 77917 “Marketing year” means the period beginning January 1 of any year and extending through the last day of December of that year.
- § 77918 (a) “Producer” means any person in this state who grows flowers for market and who, upon request, provides proof of commodity sale. “Producer” does not include…
- § 77919 “Market analysis” means any marketing, sales, promotion, health, and social research relating to the marketing of flowers in this state and nationally and…
- § 77920 “Market development” means trade promotion, public information, dissemination of information on health and social issues and other matters, and activities…
- § 77921 “Market research” means any investigation, development, analysis, or use of information relating to the marketing, sales, or promotion of flower products in…
- § 77922 “Shipping research, analysis, and development” means the investigation, development, analysis, or use of information relating to the shipping of flower…
- § 77923 “Ship” means to transport flowers.
- § 77924 “Advertising and sales promotion” means, in addition to its ordinarily accepted meaning, trade promotion and activities for the prevention, modification, or…
ARTICLE 3. The California Cut Flower Commission §§ 77925–77941 · 17 sections
- § 77925 (a) There is in the state government the California Cut Flower Commission. The commission shall be composed of nine members. (b) Eight producers, two each from…
- § 77926 (a) The director may require the commission to correct or cease any activity or function which is determined by the director not to be in the public interest…
- § 77927 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…
- § 77928 When the director is required to concur in a decision of the commission, the director shall concur, refuse to concur, or request additional information from…
- § 77929 The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities pursuant to…
- § 77930 An alternate member to each member of the commission, except the ex officio members, shall be elected in the same manner and for the same term as the member.…
- § 77931 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…
- § 77932 Any vacancy on the commission occurring by the failure of the public member or his or her alternate member to continue in his or her position due to a change…
- § 77933 Any producer member and his or her alternate member on the commission shall be an individual producer or an authorized representative of a producer who has a…
- § 77934 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,…
- § 77935 The term of office of all members and alternate members of the commission, except ex officio members, is three years commencing in the month of December before…
- § 77936 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…
- § 77937 A quorum of the commission is a majority of the voting members of the commission. Any alternate member to any producer member may serve in the absence of any…
- § 77938 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.
- § 77939 Members and alternate members of the commission and members of committees established by the commission shall not receive any compensation but shall receive…
- § 77940 (a) 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…
- § 77941 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…
ARTICLE 4. Powers and Duties of the Commission §§ 77945–77965 · 21 sections
- § 77945 The powers and duties of the commission include, but are not limited to, all of those specified in this article.
- § 77946 The commission may adopt, amend, and repeal regulations and operating procedures necessary to carry out this chapter, including regulations governing appeals…
- § 77947 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…
- § 77948 The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers…
- § 77949 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,…
- § 77950 The commission may fix the compensation for all employees of the commission.
- § 77951 The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
- § 77952 The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, borrow funds in advance of…
- § 77953 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 by…
- § 77954 (a) The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters which affect this chapter, to the extent permitted…
- § 77955 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…
- § 77956 The commission may conduct, and contract with others to conduct, production research, including the study, analysis, accumulation, and dissemination of…
- § 77957 The commission may accept contributions or matching private, state, or federal funds, and employ or make contributions of funds to other persons or state or…
- § 77958 The commission may publish and distribute, without charge, bulletins and other communications for the dissemination of information to producers.
- § 77959 The commission shall establish an assessment rate to defray the operating costs of the commission.
- § 77960 The commission shall adopt an annual budget according to accepted accounting practices. The director shall concur in the adoption of the budget prior to the…
- § 77961 (a) The commission may advertise or otherwise promote the sale of flowers. (b) The commission may jointly advertise or otherwise promote the sale of flowers…
- § 77962 The commission shall annually prepare and submit to the director, for his or her concurrence, a statement of contemplated activities authorized pursuant to…
- § 77963 The commission and the secretary shall keep confidential and shall not disclose, except when required by court order in a judicial proceeding, all lists of…
- § 77964 The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for…
- § 77965 (a) To prevent unfair trade practices that are detrimental to California’s cut flower industry, including, but not limited to, deception and misinformation,…
ARTICLE 5. Implementation and Voting Procedures §§ 77970–77978 · 9 sections
- § 77970 (a) Within 45 days of the effective date of this chapter, the director shall establish a list of producers eligible to vote on the implementation of this…
- § 77971 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the director finds, in a referendum vote…
- § 77972 The director shall establish a period to conduct the referendum which shall not be less than 10 days nor more than 60 days in duration, and may prescribe…
- § 77973 The failure of a producer to receive a ballot shall not invalidate a referendum.
- § 77974 If the director finds that a favorable vote has been given as provided in Section 77971, the director shall certify and give notice of the favorable vote to…
- § 77975 If the director finds that a favorable vote has not been given as provided in Section 77971, the director shall certify and declare this chapter inoperative.…
- § 77976 Upon certification of the commission, the director shall contact all producers in each district by mail, or call meetings of producers in each district, for…
- § 77977 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…
- § 77978 (a) Prior to the director holding the referendum pursuant to Section 77971, the proponents of the commission shall deposit with the director the amount that…
ARTICLE 6. Assessments and Records §§ 77985–77990 · 6 sections
- § 77985 (a) The commission shall establish the assessment for the following marketing year not later than January 1 of each year, or as soon thereafter as is possible.…
- § 77986 This chapter does not apply to any person who grows flowers only for his or her own home use or who is not a producer. However, any such person who markets…
- § 77987 Every person in this state who grows flowers for market, whether or not the flowers grown are valued at less than the gross value established pursuant to…
- § 77988 (a) The commission may specify, by regulation, the conditions under which proprietary information obtained from producers may be disclosed. Otherwise, all…
- § 77989 Any assessment that is levied pursuant to this chapter is a personal debt of every producer so assessed. If the producer is a corporation, all of the directors…
- § 77990 Any producer 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…
ARTICLE 7. Actions and Penalties §§ 77995–77998 · 4 sections
- § 77995 It is unlawful for any person to do any of the following: (a) Fail or refuse to render a report, statement, or record required by the commission. (b) Furnish a…
- § 77996 The commission shall adopt procedures to grant individuals aggrieved by its actions or determinations an informal hearing before the commission or before a…
- § 77997 (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…
- § 77998 The suspension or termination of this chapter shall not affect or waive any right, duty, obligation, or liability which has arisen or which may thereafter…
ARTICLE 8. Continuation or Suspension and Termination §§ 78000–78007 · 8 sections
- § 78000 From January 1, 1995, to December 30, 1995, inclusive, the commission shall conduct a referendum among the producers to determine whether the operations of…
- § 78001 Following a favorable referendum conducted prior to December 31, 1995, the commission shall conduct a referendum every fifth year thereafter, unless a…
- § 78002 (a) Upon a finding by a two-thirds vote of the membership of the commission that the operation of this chapter has not tended to effectuate its declared…
- § 78003 (a) The director shall terminate the commission at the end of the then current marketing year if the director finds that the termination of the commission is…
- § 78004 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…
- § 78005 Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all producers whose names and addresses are…
- § 78006 Upon the suspension of the operation of this chapter, the commission shall appoint a committee of cut flower producers to oversee and manage the Kee Kitayama…
- § 78007 On and after one year after the commission is suspended or terminated pursuant to this article, the secretary may conduct a vote to reconvene the commission…