CHAPTER 27. California Nursery Producers Commission [79401. - 79525.]
Chapter 27 added by Stats. 2010, Ch. 605, Sec. 1.
§§ 79401–79525 · 96 sections
ARTICLE 1. Declaration and General Provisions §§ 79401–79414 · 14 sections
- § 79401 The production of nursery products constitutes an important industry of this state that provides substantial and necessary revenues for the state, products…
- § 79402 The maintenance of the nursery industry of California is necessary to assure the public and the state’s and nation’s crop agriculture industry of a continuous…
- § 79403 The production of nursery products in California is currently the state’s number two agricultural crop with 2008 farm gate sales of four billion dollars…
- § 79404 The nursery industry has been negatively impacted by invasive pests and diseases that also adversely affect the state’s environment, urban quality, and…
- § 79405 The establishment of the commission is necessary for the efficient development and management of a research, public education, and marketing program that will…
- § 79406 (a) The Legislature finds and declares that the commission is intended to operate in conjunction with other nursery-related laws and programs in the state,…
- § 79407 The Legislature further finds and declares that the programs specified in Section 79406, including this commission, greatly benefit the nursery industry, and…
- § 79408 The successes that the nursery industry of California has achieved have resulted from a commitment to industry-funded research that has led to significant…
- § 79409 The production of nursery products in this state is hereby declared to be affected with a public interest. This chapter is enacted in the exercise of the…
- § 79410 Opportunity exists for continued growth and expansion of the nursery industry by creating new markets. The success of such an expansion program is uniquely…
- § 79411 The commission’s activities are necessary for the efficient development of a national and international program and exists as an integral part of a broader…
- § 79412 The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of nursery products the…
- § 79413 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…
- § 79414 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…
ARTICLE 2. Definitions §§ 79421–79433 · 14 sections
- § 79421 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 79422 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
- § 79423 “Commission” means the California Nursery Producers Commission.
- § 79424 “Department” means the Department of Food and Agriculture.
- § 79424.5 (a) “Districts” consists of the following: (1) District 1, which includes the Counties of Imperial, Orange, and San Diego. (2) District 2, which includes the…
- § 79425 “Ex officio member” means a nonvoting member of the commission.
- § 79426 “Market” or “marketing” means to sell nursery products to a person other than another producer.
- § 79427 “Marketing season” or “fiscal year” are synonymous terms and mean the period beginning May 1 of any year and extending through April 30 of the following year.
- § 79428 “Person” means any individual, partnership, corporation, limited liability company or partnership, firm, company, or other entity doing business in California.
- § 79429 “Producer” means any person that operates under a California state nursery license (producer category), and that produces, or causes to be produced, nursery…
- § 79430 “Nursery products” means any plant for planting, propagation, or ornamentation, but does not include flowers as defined in Section 77911 or grape rootstock as…
- § 79431 “Research” means any research relating to invasive pests, the production, harvest, postharvest handling, or marketing of nursery products, nursery product…
- § 79432 “Secretary” means the Secretary of Food and Agriculture.
- § 79433 “Sell” or “sold” means to transfer or cause the transfer of title to nursery products for valuable consideration.
ARTICLE 3. California Nursery Producers Commission §§ 79441–79456 · 16 sections
- § 79441 (a) There is in the state government the California Nursery Producers Commission. The commission shall be composed of 14 producers nominated and elected by and…
- § 79442 (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…
- § 79443 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…
- § 79444 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to…
- § 79445 Except for ex officio members, an alternate for each member shall be nominated and elected, and for the public member appointed, in the same manner as the…
- § 79446 Except as provided in Section 79441, any vacancy on the commission occurring by the failure of any person elected to or serving on the commission as an…
- § 79447 Any vacancy on the commission occurring by the failure of the public member to continue in his or her position due to a change in status making him or her…
- § 79448 Any producer member and his or her alternate on the commission shall be an individual producer or an employee or representative of a producer that has a…
- § 79449 The public member and his or her alternate shall not have any financial interest in the nursery industry. The public member and his or her alternate shall have…
- § 79450 Commission members and alternates shall serve three-year terms and until their successors are elected, and qualified, except, that of the first members of the…
- § 79451 The commission may sue and be sued regarding any matter related to the purposes of this chapter and contract and be contracted with.
- § 79452 A majority of the members of the commission shall constitute a quorum of the commission for the transaction of business. The vote of a majority of the members…
- § 79453 The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meetings of the commission.…
- § 79454 No member or alternate of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive a salary.…
- § 79455 All funds received by any person from the assessments levied under this chapter or otherwise received by the commission shall be deposited in banks that the…
- § 79456 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 §§ 79461–79482 · 22 sections
- § 79461 The powers and duties of the commission shall include, but are not limited to, all of those contained in this article.
- § 79462 The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, and orders in accordance…
- § 79463 The commission may administer and enforce this chapter and do and perform all acts and exercise all powers incidental to, or in connection with, or deemed…
- § 79464 The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers…
- § 79465 (a) The commission may employ a person to serve at the pleasure of the commission as president of the commission, and other personnel, including legal counsel…
- § 79466 The commission may fix the compensation for all employees of the commission.
- § 79467 The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
- § 79468 The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, develop, own, and control the use…
- § 79469 The commission shall keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing firm selected…
- § 79470 The commission may present facts to, and negotiate with, local, state, federal, and foreign agencies and governments on matters that affect the California…
- § 79471 The commission may conduct outreach, advertise, and educate and instruct the public and the retail and wholesale trade with respect to the quality, features,…
- § 79472 The commission may conduct outreach and educate and instruct the wholesale and retail trade, including, but not limited to, their physical and electronic…
- § 79473 The commission may conduct, and contract with others to conduct, research, including the study, analysis, dissemination, and accumulation of information…
- § 79474 The commission may contract to receive and render services in formulating and conducting plans and programs and enter into any other contracts or agreements…
- § 79475 The commission may accept contributions of, or match private, state, or federal funds, and employ or make contributions of funds to other persons or local,…
- § 79476 In its discretion, the commission may cooperate with or provide funding to other private or governmental entities in the resolution of emergencies arising in…
- § 79477 The commission may collect information, including, but not limited to, industry crop statistics, identity and size of markets, and trading partners, and…
- § 79478 The commission shall establish an assessment rate to be paid by producers to defray operating costs of the commission.
- § 79479 The commission shall establish an annual budget according to generally accepted accounting practices. The budget shall be concurred in by the secretary prior…
- § 79480 The commission shall submit to the secretary for his or her concurrence an annual statement of contemplated activities authorized pursuant to this chapter.
- § 79481 The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for…
- § 79482 The commission may appoint any person to serve as an ex officio member.
ARTICLE 5. Implementation and Voting Procedures §§ 79491–79499 · 9 sections
- § 79491 (a) Within 60 days of a request from any producer, the secretary shall establish a list of producers eligible to vote on implementation of this chapter. The…
- § 79492 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds, in a referendum vote…
- § 79493 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…
- § 79494 Nonreceipt of a ballot by an eligible producer shall not invalidate a referendum.
- § 79495 If the secretary finds that a favorable vote has been given as provided in this article, the secretary shall certify and give notice of the favorable vote to…
- § 79496 If the secretary finds that a favorable vote has not been given as provided in this article, the secretary shall certify and declare all provisions of this…
- § 79497 (a) Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary the…
- § 79498 Upon certification of the commission, the secretary shall contact all producers by mail or call meetings of producers for the purpose of nominating and…
- § 79499 Subsequent to the first election of members and alternate members of the commission pursuant to this chapter, persons to be elected to the commission shall be…
ARTICLE 6. Assessments and Records §§ 79501–79510 · 10 sections
- § 79501 (a) The commission shall establish the assessment for the marketing season not later than May 1 of each year, or as soon thereafter as possible. The assessment…
- § 79502 This chapter does not apply to nursery products produced only for a producer’s home use unless the use shall constitute a transfer of title between separate…
- § 79503 Any person requesting an exemption from this chapter shall file an affidavit with the commission attesting that he or she is not a producer, as defined in…
- § 79504 Every person who produces nursery products for market, whether or not the nursery products are valued at more than the gross dollar value established pursuant…
- § 79505 (a) All information obtained by the commission or the secretary from producers and other persons required to keep and submit records pursuant to this article…
- § 79506 Any assessment that is levied as provided for in this chapter is a personal debt of every person assessed.
- § 79507 Every producer shall be a trustee of the assessments owed to the commission until they are paid to the commission at the time and in the manner prescribed by…
- § 79508 When the producer is a corporation, limited liability company, general, limited, or limited liability partnership, or trust, all of the directors and officers…
- § 79509 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 of…
- § 79510 In addition to any other penalty imposed, the commission may require any person who fails to pay an assessment or related charge pursuant to this article to…
ARTICLE 7. Violations §§ 79511–79516 · 6 sections
- § 79511 All violations of this chapter shall be prosecuted in accordance with the provisions of this article and, as appropriate, Sections 79509 and 79510.
- § 79512 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 renders…
- § 79513 The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the…
- § 79514 (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…
- § 79515 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…
- § 79516 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 §§ 79521–79525 · 5 sections
- § 79521 In the fifth year of operation of this chapter, and every five years thereafter, the secretary shall hold a hearing to determine whether the operation of this…
- § 79522 If the secretary finds after conducting a hearing that no substantial question exists, or after a referendum that a favorable vote has been given, the…
- § 79523 (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…
- § 79524 After the effective date of suspension of this chapter, the operation of the commission shall be concluded and all moneys held by the commission not required…
- § 79525 Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all eligible producers affected by the…