CHAPTER 24.5. Mendocino County Winegrape and Wine Commission [78801. - 78965.]
Chapter 24.5 added by Stats. 2005, Ch. 597, Sec. 1.
§§ 78801–78965 · 78 sections
ARTICLE 1. Declarations and General Provisions §§ 78801–78811 · 11 sections
- § 78801 The production and distribution of winegrapes and wine in Mendocino County constitute important industries that provide substantial and necessary revenues for…
- § 78802 The maintenance and expansion of the winegrape and wine industries of Mendocino County and of its local, national, and foreign markets is necessary to assure…
- § 78803 Opportunity exists for continued growth and expansion of the Mendocino County winegrape and wine industries by creating new markets in the state, the county,…
- § 78804 The production of winegrapes, wine, and winegrape products in Mendocino County has the potential to be one of the leading segments of the state’s winegrape and…
- § 78805 The Mendocino County winegrape and wine industries have enjoyed much success due to a commitment by the industries to fund research that has led to significant…
- § 78806 The production and marketing of winegrapes, wine, and winegrape products produced in Mendocino County is hereby declared to be of public interest, therefore it…
- § 78807 (a) It shall be the policy of this state to preserve and encourage agricultural activities in the state, promote consumption of agricultural commodities…
- § 78808 No action taken by the commission, or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a violation of…
- § 78809 The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of winegrapes, wine, and other…
- § 78810 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,…
- § 78811 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 §§ 78821–78842 · 23 sections
- § 78821 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 78822 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
- § 78823 “Brandy” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of whole, sound, ripe grapes or from the…
- § 78824 “Commission” means the Mendocino Winegrape and Wine Commission.
- § 78825 “Department” means the Department of Food and Agriculture.
- § 78826 “Grape concentrate” or “concentrate” means unfermented grape juice from which the major portion of the original water content has been removed.
- § 78827 “Grape juice” or “juice” means unfermented crushed grapes without solids containing the major portion of the original water content.
- § 78828 “Ex officio member” means a nonvoting member of the commission.
- § 78829 “High proof” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of fresh winegrapes or from the residue…
- § 78830 “Market” means to sell, barter, trade, purchase, acquire, or otherwise distribute wine, winegrapes, or winegrape products.
- § 78831 “Market development” includes, but is not limited to, trade, promotion, public education, dissemination of information on health and social issues, and other…
- § 78832 “Market research” means any investigation, development, analysis, or implementation of information relating to the marketing of winegrapes, wine, and winegrape…
- § 78833 “Marketing season” or “fiscal year” means the period beginning July 1 of any year and extending through June 30 of the following year.
- § 78834 “Must” means a mixture of unfermented crushed grapes, solid grape particles, and grape juice.
- § 78835 “Person” means any individual, firm, partnership, corporation, limited liability company, association, or any other business entity.
- § 78835.5 “Process” or “processed” means producing must, grape juice, grape concentrate, wine, or other winegrape products, including high proof and brandy from…
- § 78836 “Producer” or “grower” means any person who is engaged within Mendocino County in the business of producing, or causing to be produced, winegrapes for market.…
- § 78837 “Production research” means research relating to the production and processing of winegrapes, including, but not limited to, the development of new winegrape…
- § 78838 “Secretary” means the Secretary of Food and Agriculture.
- § 78839 “Vintner” and “processor” are synonymous and, except as otherwise specifically provided in this chapter, mean any person engaged in Mendocino County in…
- § 78840 “Wine” means the product obtained by the fermentation of winegrapes or juice therefrom, with or without addition or abstracting, and includes any product made…
- § 78841 “Winegrapes” means grapes produced in Mendocino County that are intended to be converted from their fresh form into grape juice, grape concentrate, wine, or…
- § 78842 “Winegrape products” include, but are not limited to, must, grape juice, grape concentrate, wine, high proof, and brandy produced from winegrapes.
ARTICLE 3. The Mendocino Winegrape and Wine Commission §§ 78851–78867 · 17 sections
- § 78851 (a) There is in the state government the Mendocino Winegrape and Wine Commission. The commission shall be composed of six producers who are not vintners, four…
- § 78852 (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…
- § 78853 The commission or secretary may bring an action for judicial relief from the secretary’s written notice, or from noncompliance by the commission with the…
- § 78854 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…
- § 78855 The commission shall reimburse the secretary for all expenditures incurred in carrying out his or her duties and responsibilities pursuant to this chapter.…
- § 78856 Each member, except the ex officio members, shall have an alternate member selected by the member, subject to approval by the commission. An alternate shall,…
- § 78857 Any individual serving as a producer member and his or her alternate member shall be a producer who is not also a vintner, or a management-level employee or…
- § 78858 Any individual serving as a vintner member and his or her alternate member shall be a vintner, or a management-level employee or representative of a vintner,…
- § 78859 The public member and his or alternate member shall have all the rights, privileges, and powers of any other member of the commission. The public member shall…
- § 78860 The term of office of members and alternate members shall be for two years or until their successors have been elected and have qualified. However, of the…
- § 78861 Not less than six voting members shall constitute a quorum of the commission.
- § 78862 The vote of a majority of the members present at a meeting at which there is a quorum shall constitute an act of the commission.
- § 78863 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,…
- § 78864 The secretary or his or her representatives shall be notified and may attend meetings of the commission and any committee meetings of the commission.
- § 78865 No member or alternate member of the commission, or member of a committee established by the commission who is not a member of the commission, shall receive a…
- § 78866 All funds received by the assessments levied pursuant to this chapter or otherwise received by the commission shall be deposited in banks that the commission…
- § 78867 (a) 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…
ARTICLE 4. Powers and Duties of the Commission §§ 78881–78882 · 2 sections
- § 78881 The powers and duties of the commission shall include, but not be limited to, the following: (a) Elect a chairperson and other officers as it may deem…
- § 78882 (a) The commission may collect and disseminate to any and all interested parties, vintner market price information based on sales that have occurred in order…
ARTICLE 5. Referendum on Implementation of this Chapter §§ 78901–78909 · 8 sections
- § 78901 (a) Within 90 days of the effective date of this chapter, the secretary shall establish a list of producers and vintners in Mendocino County eligible to vote…
- § 78903 In determining whether this chapter is approved by producers, the secretary shall find both of the following: (a) That at least 40 percent of the total number…
- § 78904 The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days nor more than 60 days in duration, and may…
- § 78905 Nonreceipt of a ballot shall not invalidate a referendum.
- § 78906 The secretary shall certify and give notice of a favorable vote to all producers and vintners whose names and addresses are on file with the secretary if he or…
- § 78907 Upon certification of the commission, the secretary shall call meetings of producers and vintners in Mendocino County for the purpose of nominating and…
- § 78908 Subsequent to the first members and alternate members elected to the commission, persons to be elected and appointed to the commission shall be selected…
- § 78909 (a) Prior to the implementation referendum conducted by the secretary, the proponents of the commission shall deposit with the secretary the amount that the…
ARTICLE 6. Assessments §§ 78921–78928 · 7 sections
- § 78921 Prior to the beginning of each marketing season, or as soon as possible thereafter, the commission shall establish assessment rates for the marketing season,…
- § 78923 This chapter shall not apply to winegrapes produced for a producer’s home or ornamental use, or processed for a vintner’s home use. A producer growing…
- § 78924 (a) Every producer and vintner shall keep complete and accurate records of winegrapes produced, processed, and marketed, including, but not limited to, the…
- § 78925 (a) All proprietary and trade secret information obtained by the commission from producers and vintners shall be confidential and shall not be disclosed except…
- § 78926 (a) Any assessment levied by the commission, pursuant to this chapter, is a personal debt of every person so assessed and is due and payable in the time and…
- § 78927 Any person who fails to file a return, or remit or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10…
- § 78928 In addition to any other penalty imposed, the commission may require any person who fails to submit records or pay an assessment or related charge pursuant to…
ARTICLE 7. Violations §§ 78941–78945 · 5 sections
- § 78941 It is unlawful for any person to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by the commission or to…
- § 78942 The commission shall establish procedures for the purpose of according individuals aggrieved by its action or determinations an informal hearing before the…
- § 78943 (a) The commission may commence civil action and use all remedies provided in law or equity for the enforcement of this chapter, including, but not limited to,…
- § 78944 Any action by the commission for any violation of this chapter shall be commenced within three years from the date of discovery of the alleged violation. Any…
- § 78945 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. Reapproval of Chapter §§ 78961–78965 · 5 sections
- § 78961 Every five years, commencing with the 2011-2012 marketing season, the secretary shall hold a hearing to determine whether the operation of this chapter should…
- § 78962 If the secretary finds, after conducting a hearing pursuant to Section 78961, that no substantial question exists, or that a favorable vote has been given…
- § 78963 (a) Upon a finding by a two-thirds vote of the commission that this chapter has not tended to effectuate its declared purpose, the commission may recommend to…
- § 78964 After the effective date of suspension of this chapter, the operation of the commission shall be wound up and concluded and all moneys held by the commission…
- § 78965 Upon suspension of this chapter, the commission shall mail a copy of the notice of suspension to all producers and vintners affected by the suspension whose…