CHAPTER 26. California Blueberry Commission [79201. - 79304.]
Chapter 26 added by Stats. 2009, Ch. 366, Sec. 1.
§§ 79201–79304 · 73 sections
ARTICLE 1. Declaration and General Provisions §§ 79201–79207 · 7 sections
- § 79201 The production and marketing of blueberries constitute an important industry of this state that provides substantial and necessary revenues for the state and…
- § 79202 The establishment of the commission is necessary for the efficient creation and management of a research program to develop improved varieties of blueberries,…
- § 79203 The maintenance of the blueberry industry in California is necessary to assure the public of a continuous supply of this important commodity and the…
- § 79204 The production and marketing of blueberries produced in this state is hereby declared to be affected with a public interest. This chapter is enacted in the…
- § 79205 The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of blueberries the opportunity to…
- § 79206 No action taken by the commission, or by any individual in accordance with this chapter or with rules and regulations adopted under this chapter, shall be…
- § 79207 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 §§ 79211–79225 · 15 sections
- § 79211 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 79212 “Advertising and promotion” mean, in addition to their ordinarily accepted meaning, any plan directed toward increasing the sale of blueberries in domestic or…
- § 79213 “Blueberries” mean all blueberries produced in California for commercial purposes.
- § 79214 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
- § 79215 “Commission” means the California Blueberry Commission.
- § 79216 (a) “Districts” consist of the following: (1) District 1 consists of all counties in the state along the coastline, including San Diego. (2) District 2…
- § 79217 “Ex officio members” are nonvoting members of the commission.
- § 79218 “Handle” means to engage in the business of a handler.
- § 79219 (a) “Handler” means any person who engages, in this state, in the operation of selling, marketing, or distributing blueberries that he or she has produced or…
- § 79220 “Market” or “marketing” means to sell or otherwise distribute blueberries into commercial channels or trade resulting in the sale of blueberries.
- § 79221 “Marketing research” means any research relating to the sale of blueberries.
- § 79222 “Marketing season” or “fiscal year” are synonymous terms and mean the period beginning March 1, 2010, to September 30, 2011, and, thereafter, October 1 of any…
- § 79223 “Producer” and “grower” are synonymous terms and mean any person who produces or causes to be produced on land totaling more than five acres of blueberries for…
- § 79224 “Production research” means any research relating to the production, harvest, and postharvest handling of blueberries.
- § 79225 “Secretary” means the Secretary of Food and Agriculture.
ARTICLE 3. The California Blueberry Commission §§ 79231–79247 · 17 sections
- § 79231 (a) There is in the state government the California Blueberry Commission. Except as provided in subdivision (c), the commission shall be composed of five…
- § 79232 (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…
- § 79233 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…
- § 79234 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities under this…
- § 79235 Except for the ex officio members of the commission, each member of the commission shall have an alternate member elected in the same manner as the member. An…
- § 79236 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…
- § 79237 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…
- § 79238 A handler member or his or her alternate on the commission shall be an individual, partner, or employee of a handler who has a financial interest in handling…
- § 79239 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…
- § 79240 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…
- § 79241 The commission may sue and be sued and enter into contracts. Copies of its proceedings, records, and acts, when authenticated, shall be admissible in evidence…
- § 79242 A quorum of the commission is a majority of the producer members and a majority of the handler members on the commission. Except as otherwise provided in this…
- § 79243 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.…
- § 79244 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…
- § 79245 If the secretary 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…
- § 79246 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…
- § 79247 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 §§ 79251–79252 · 2 sections
- § 79251 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,…
- § 79252 (a) To prevent unfair trade practices which are detrimental to California’s blueberry industry, including, but not limited to, deception and misinformation,…
ARTICLE 5. Implementation and Voting Procedures §§ 79261–79268 · 8 sections
- § 79261 (a) Within 15 days after the effective date of this chapter, the secretary shall establish a list of producers and handlers eligible to vote on the…
- § 79262 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds the following in a…
- § 79263 The secretary 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…
- § 79264 Nonreceipt of a ballot shall not invalidate a referendum.
- § 79265 If the secretary finds that a favorable vote has been given as provided in Section 79262, he or she shall so certify and give notice of the vote to all…
- § 79266 If the secretary 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.…
- § 79267 (a) Upon certification of the commission, the secretary shall contact all producers and handlers in a manner determined by the secretary for the purpose of…
- § 79268 Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary an amount…
ARTICLE 6. Assessments and Records §§ 79271–79278 · 8 sections
- § 79271 (a) The commission shall, not later than March 1, 2010, or as soon thereafter as possible, establish the assessment to be paid by the producers and handlers…
- § 79272 This chapter does not apply to blueberries produced only for a producer’s home use or to blueberries that are used only for ornamental purposes.
- § 79273 Every person who handles blueberries shall keep a complete and accurate record of all blueberries handled by him or her with the name of the producer whose…
- § 79274 (a) All proprietary information obtained by the commission or the secretary from any source, including the names and addresses of producers and handlers, shall…
- § 79275 The first handler of blueberries being assessed shall deduct the assessment from amounts paid by him or her to the producer, and shall be a trustee of the…
- § 79276 Every handler shall be personally liable for the payment of the collected assessments from producers, and failure to collect the assessment from any producer…
- § 79277 Any assessment that is levied as provided in this chapter is a personal debt of every producer and handler so assessed.
- § 79278 (a) Any person who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent…
ARTICLE 7. Actions and Penalties §§ 79281–79287 · 7 sections
- § 79281 A civil penalty not exceeding one thousand dollars ($1,000) may be levied by the commission upon a person who does any of the following: (a) Willfully to…
- § 79282 The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the…
- § 79283 (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…
- § 79284 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…
- § 79285 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.
- § 79286 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…
- § 79287 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 §§ 79291–79295 · 5 sections
- § 79291 (a) Five years after implementation of this chapter, the secretary shall hold a public hearing, after providing proper notice to all persons subject to this…
- § 79292 Following a hearing, and favorable referendum if required, the process specified in Section 79291 shall be conducted by the secretary every five years…
- § 79293 (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…
- § 79294 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…
- § 79295 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 and…
ARTICLE 9. Quality Standards §§ 79301–79304 · 4 sections
- § 79301 The commission may recommend to the secretary that he or she adopt blueberry quality standards, product labeling, or engage in any other activity authorized…
- § 79302 Any activity recommended by the commission shall not become operative until approved in the manner specified in Section 79262.
- § 79303 Any activity adopted pursuant to this article shall be implemented by the secretary at the beginning of the marketing season next succeeding the date on which…
- § 79304 The commission shall serve as the advisory body to the secretary on all matters pertaining to this article.