CHAPTER 21. California Asparagus Commission [78201. - 78305.]
Chapter 21 added by Stats. 1990, Ch. 1058, Sec. 1.
§§ 78201–78305 · 86 sections
ARTICLE 1. Declaration and General Provisions §§ 78201–78207 · 8 sections
- § 78201 The production and marketing of asparagus constitutes an important industry of this state which not only provides substantial and necessary revenues for the…
- § 78202 The maintenance of the asparagus industry of California is necessary to assure the consuming public of a continuous supply of this product and the maintenance…
- § 78203 The production and marketing of asparagus produced in this state is hereby declared to be affected with a public interest. This chapter is enacted in the…
- § 78204 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…
- § 78205 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,…
- § 78206 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…
- § 78206.5 Opportunity exists for continued growth and expansion of the industry by creating new markets in major portions of this country. The success of such an…
- § 78207 The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of asparagus the opportunity to…
ARTICLE 2. Definitions §§ 78210–78222 · 13 sections
- § 78210 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 78211 “Asparagus” means all types of vegetables grown from the plant family Liliaceae or Lily; Genus, Asparagus officinalis.
- § 78212 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
- § 78213 “Commission” means the California Asparagus Commission.
- § 78214 This chapter is applicable to the Counties of Alameda, Alpine, Amador, Calaveras, Contra Costa, Sacramento, San Joaquin, San Mateo, Sutter, Yolo, the City and…
- § 78215 “Handler” means any person engaged in marketing of asparagus which the person has produced, purchased, or acquired from a producer, or is marketing on behalf…
- § 78216 “Market” or “marketing” means to sell asparagus.
- § 78217 “Market research” means any investigation, development, analysis, or use of information relating to the marketing, sales, or promotion of asparagus in this…
- § 78218 “Marketing year” means the period beginning January 1 of any year and extending through December 31 of that same year.
- § 78219 “Production research” means any cultural and biological research relating to field production of asparagus.
- § 78220 “Producer” means any person in this state who grows asparagus for market, including landlords who own a percentage of the crop, and who, upon request, provide…
- § 78221 “Processing research” means any research relating to the processing of asparagus.
- § 78222 “Advertising and promotion” means, in addition to its ordinarily accepted meaning, trade promotion and activities for the prevention, modification, or removal…
ARTICLE 3. The California Asparagus Commission §§ 78225–78241 · 18 sections
- § 78225 (a) There is in the state government the California Asparagus Commission. The commission shall be composed as follows: (1) Twelve producers who shall be…
- § 78225.5 (a) Producers in counties that are not subject to this chapter may petition the commission to be subject to this chapter. If the petition is approved by a…
- § 78226 (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…
- § 78227 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…
- § 78228 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…
- § 78229 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to…
- § 78230 Except for the ex officio members of the commission, an alternate member for each producer member shall be elected, and for the public member shall be…
- § 78231 Any vacancy on the commission occurring by the failure of any person elected to or serving on the commission as a producer member or alternate member to…
- § 78232 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…
- § 78233 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…
- § 78234 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,…
- § 78235 The term of office of all members and alternate members of the commission, except ex officio members, is three years commencing with the first day of December…
- § 78236 The commission may sue and be sued, and may enter into contracts. Copies of its proceedings, records, and acts, when authenticated, shall be prima facie…
- § 78237 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…
- § 78238 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.
- § 78239 Members and alternate members of the commission, and members of committees established by the commission, shall not receive any compensation, but…
- § 78240 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…
- § 78241 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 §§ 78245–78263 · 19 sections
- § 78245 The powers and duties of the commission include, but are not limited to, all of those specified in this article.
- § 78246 The commission may adopt, amend, and repeal regulations and operating procedures necessary to carry out this chapter, including regulations governing appeals…
- § 78247 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…
- § 78248 The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers…
- § 78249 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,…
- § 78250 The commission may fix the compensation for all employees of the commission.
- § 78251 The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
- § 78252 The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, borrow funds in advance of…
- § 78253 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…
- § 78254 The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters which affect this chapter, to the extent permitted by…
- § 78255 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…
- § 78256 The commission may conduct, and contract with others to conduct, any of the following: (a) Programs for the development, maintenance, and expansion of foreign…
- § 78257 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…
- § 78258 The commission may publish and distribute, without charge, bulletins and other communications for the dissemination of information to producers.
- § 78259 The commission shall establish an assessment rate to defray the operating costs of the commission.
- § 78260 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…
- § 78261 The commission shall annually prepare and submit to the secretary, for his or her concurrence, a statement of contemplated activities authorized pursuant to…
- § 78262 The commission and the secretary shall keep confidential and shall not disclose, except when required by a court order after a hearing in a judicial proceeding…
- § 78263 The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for…
ARTICLE 5. Implementation and Voting Procedures §§ 78270–78278 · 10 sections
- § 78270 (a) Within 30 days of the effective date of this chapter, the secretary shall establish a list of producers eligible to vote on the implementation of this…
- § 78271 (a) This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds, in a referendum vote…
- § 78272 The secretary shall establish a period to conduct the referendum that shall not be less than 10 days nor more than 60 days in duration, and may prescribe…
- § 78273 The failure of a producer to receive a ballot shall not invalidate a referendum.
- § 78274 If the secretary finds that a favorable vote has been given as provided in Section 78271, the secretary shall certify and give notice of the favorable vote to…
- § 78275 If the secretary finds that a favorable vote has not been given as provided in Section 78271, the secretary shall certify and declare this chapter inoperative.…
- § 78276 Upon certification of the commission, the secretary shall contact all producers by mail, or call meetings of producers, for the purpose of nominating and…
- § 78277 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…
- § 78277.5 Subsequent to the initial implementation referendum vote and the first election of commissioners, the commission shall establish procedures for the purpose of…
- § 78278 (a) Prior to the secretary holding the referendum pursuant to Section 78271, the proponents of the commission shall deposit with the secretary the amount that…
ARTICLE 6. Assessments and Records §§ 78285–78292 · 8 sections
- § 78285 (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 possible.…
- § 78286 This chapter does not apply to any person who grows asparagus only for his or her own home use or who is not a producer. However, any such person who markets…
- § 78287 Every handler shall keep a complete and accurate record of all asparagus handled with the name of the producer whose asparagus was handled. The records shall…
- § 78288 (a) The commission may specify the conditions under which proprietary information obtained from producers may be disclosed. Otherwise, all proprietary…
- § 78289 Any assessment which is levied pursuant to this chapter is a personal debt of every producer so assessed.
- § 78290 Every handler shall be personally liable for the payment of collected assessments to the commission. A failure by a handler to collect the assessment shall not…
- § 78291 Any producer or 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…
- § 78292 If 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 for…
ARTICLE 7. Actions and Penalties §§ 78295–78298 · 4 sections
- § 78295 It is a misdemeanor 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…
- § 78296 The commission shall adopt procedures to grant individuals aggrieved by its actions or determinations an informal hearing before the commission or before a…
- § 78297 (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…
- § 78298 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 §§ 78300–78305 · 6 sections
- § 78300 From January 1, 1995, to December 30, 1995, inclusive, the commission shall conduct a referendum among the producers to determine whether the operations of…
- § 78301 Following a favorable referendum conducted prior to December 31, 1995, the commission shall conduct a referendum every fifth year thereafter, unless a…
- § 78302 (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…
- § 78303 (a) The secretary shall terminate the commission at the end of the then current marketing year if the secretary finds that the termination of the commission is…
- § 78304 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…
- § 78305 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…