CHAPTER 29. Olive Oil Commission of California [79800. - 79902.]

Chapter 29 added by Stats. 2013, Ch. 344, Sec. 1.

§§ 79800–79902 · 69 sections

1. ARTICLE 1. Declarations and General Provisions §§ 79800–79806 · 7 sections

   • § 79800 The production of olives for processing into olive oil and marketing of the olive oil constitutes an important industry of this state which provides…
   • § 79801 The establishment of the commission is necessary for the efficient creation and management of the activities authorized in this chapter. The commission is also…
   • § 79802 The maintenance of the industry in California is necessary to ensure a continuous supply of olives and the resulting olive oil and to ensure the needed levels…
   • § 79803 The production of olives for processing into olive oil and the marketing of olive oil produced in this state is hereby declared to be a public interest. This…
   • § 79804 The commission form of administration created by this chapter is uniquely situated to provide those engaged in the activities specified in this chapter the…
   • § 79805 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…
   • § 79806 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…
2. ARTICLE 2. Definitions §§ 79811–79824 · 15 sections

   • § 79811 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 79812 “Olive oil” means the oil obtained solely from the fruit of the olive tree (Olea europea L.) which is produced in California for commercial purposes.
   • § 79812.5 “Olives” means fruit of the olive tree (Olea europea L.) that are processed into olive oil.
   • § 79813 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
   • § 79814 “Commission” means the Olive Oil Commission of California.
   • § 79815 (a) “Districts” consist of the following: (1) District 1 consists of the Counties of Butte, Del Norte, Glenn, Humboldt, Lassen, Modoc, Plumas, Shasta,…
   • § 79816 “Ex officio members” are nonvoting members of the commission board of directors.
   • § 79817 “Handle” means to engage in the business of a handler.
   • § 79818 (a) “Handler” means a person who engages, in this state, in the processing or milling of olives into olive oil that the handler has produced, or purchased or…
   • § 79819 “Market” or “marketing” means to sell olive oil into commercial channels of trade.
   • § 79820 “Marketing season” or “fiscal year” are synonymous terms and mean the period beginning July 1 of any year and extending through June 30 of the following year.
   • § 79821 “Producer” means a person that produces or causes to be produced olives that are processed or toll processed into olive oil in the amount of 5,000 gallons or…
   • § 79822 “Secretary” means the Secretary of Food and Agriculture.
   • § 79823 “Advisory committee” means a committee appointed by the secretary from applications received from persons that produce or cause to be produced olives that are…
   • § 79824 “Toll processor” means to process or mill olives into olive oil on behalf of a producer.
3. ARTICLE 3. Olive Oil Commission of California §§ 79831–79846 · 16 sections

   • § 79831 (a) There is in the state government the Olive Oil Commission of California. Except as provided in subdivision (c), the commission board of directors shall be…
   • § 79832 (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…
   • § 79833 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…
   • § 79834 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities under this…
   • § 79835 (a) Except for the ex officio members of the commission board of directors, each member of the commission board of directors shall have an alternate member…
   • § 79836 Any vacancy on the commission board of directors, including, but not limited to, the failure of any person elected or appointed to the commission board of…
   • § 79837 A producer member or his or her alternate on the commission board of directors shall be an individual, partner, or employee of a producer who has a financial…
   • § 79838 The public member, or his or her alternate on the commission board of directors, shall have all the powers, rights, and privileges of any other member on the…
   • § 79839 (a) Except as provided in paragraphs (1) and (2), the term of office of all members of the commission board of directors and their alternates, except any ex…
   • § 79840 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…
   • § 79841 A quorum of the commission board of directors is a majority of the members authorized to vote. Except as otherwise provided in this chapter, the vote of a…
   • § 79842 The secretary or his or her representatives shall be notified and may attend each meeting of the commission board of directors and any meetings of a committee…
   • § 79843 A member of the commission board of directors or of any committee established by the commission, which may include nonmembers of the commission board of…
   • § 79844 If the secretary is required to concur in a decision of the commission, he or she shall indicate his or her response within 15 working days from notification…
   • § 79845 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…
   • § 79846 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…
4. ARTICLE 4. Powers and Duties § 79851 · 1 section

   • § 79851 The powers and duties of the commission board of directors include, but are not limited to, all of the following: (a) Adopt and from time to time alter,…
5. ARTICLE 5. Implementation and Voting Procedures §§ 79861–79868 · 8 sections

   • § 79861 (a) Before February 1, 2014, the secretary shall establish a list of producers eligible to vote on the implementation of this chapter. In establishing the…
   • § 79862 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds at least 40 percent of the…
   • § 79863 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…
   • § 79864 Nonreceipt of a ballot shall not invalidate a referendum.
   • § 79865 If the secretary finds that a favorable vote has been given as provided in this article, he or she shall certify the vote and give notice of the vote to…
   • § 79866 If the secretary finds that a favorable vote has not been given as provided in this article, he or she shall certify the vote and declare this chapter…
   • § 79867 (a) Upon certification of the commission, the secretary shall contact producers and handlers in a manner determined by the secretary for the purpose of…
   • § 79868 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…
6. ARTICLE 6. Assessments and Records §§ 79871–79878 · 8 sections

   • § 79871 (a) The commission board of directors shall, no later than the beginning of each marketing season, or as soon thereafter as possible, establish the assessment…
   • § 79872 This chapter does not apply to a producer’s olives processed into olive oil for his or her home use.
   • § 79873 (a) Handlers of olive oil shall keep a complete and accurate record of all olives purchased by them and olive oil handled by them with the name of the producer…
   • § 79874 (a) All proprietary information obtained by the commission or the secretary from any source, including the names and addresses of producers, shall be…
   • § 79875 The first handler of olive oil being assessed shall deduct the assessment from amounts paid by him or her to the producer, and shall be a trustee of the funds…
   • § 79876 Every handler shall be personally liable for the payment of the assessments collected from producers, and failure to collect the assessment from any producer…
   • § 79877 An assessment that is levied as provided in this chapter is a personal debt of the producer assessed.
   • § 79878 (a) A person who fails to file a return or pay an assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of…
7. ARTICLE 7. Actions and Penalties §§ 79881–79887 · 7 sections

   • § 79881 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 render…
   • § 79882 For purposes of according individuals aggrieved by its actions or determinations, the commission board of directors shall establish procedures for an informal…
   • § 79883 (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…
   • § 79884 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…
   • § 79885 The commission shall not be required to allege or prove that an adequate remedy at law does not exist in any action brought under this chapter.
   • § 79886 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…
   • § 79887 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…
8. ARTICLE 8. Continuation or Suspension and Termination §§ 79891–79895 · 5 sections

   • § 79891 (a) Five years after implementation of this chapter, the secretary shall hold a public hearing, after providing proper notice to persons subject to this…
   • § 79892 Following a hearing, and favorable referendum if required, the process specified in Section 79891 shall be conducted by the secretary every five years…
   • § 79893 (a) Upon a finding by a two-thirds vote of the commission board of directors that the operation of this chapter has not tended to effectuate its declared…
   • § 79894 After the effective date of suspension of this chapter, the operations of the commission shall be concluded and all moneys held by the commission, and moneys…
   • § 79895 Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to producers affected by the suspension whose…
9. ARTICLE 9. Quality Standards §§ 79901–79902 · 2 sections

   • § 79901 The commission board of directors may recommend to the secretary the adoption and amendment of olive oil grades and labeling standards, in accordance with the…
   • § 79902 The commission board of directors shall serve as the advisory body to the secretary on all matters pertaining to this article.