CHAPTER 3. The California Table Grape Commission [65500. - 65675.]
Chapter 3 added by Stats. 1967, Ch. 1467.
§§ 65500–65675 · 62 sections
ARTICLE 1. Declarations and Purposes §§ 65500–65502 · 3 sections
- § 65500 The Legislature finds and declares all of the following: (a) Grapes produced in California for fresh human consumption compose one of the major agricultural…
- § 65501 Notwithstanding other laws to the contrary, in the event a commodity or marketing agreement or marketing order under the jurisdiction of the United States…
- § 65502 This chapter shall be known as the Ketchum Act.
ARTICLE 2. Definitions and General Provisions §§ 65520–65533 · 14 sections
- § 65520 As used in this chapter, the words in the following sections have the following meanings set forth hereafter unless otherwise apparent from the context.
- § 65521 “Cartwright Act” means the act set forth in Chapter 2 (commencing with Section 16700), Part 2, Division 7 of the Business and Professions Code.
- § 65522 “Unfair Practices Act” means the act set forth in Chapter 4 (commencing with Section 17000), Part 2, Division 7 of the Business and Professions Code.
- § 65523 “Fresh grapes” also designated “table grapes” means any and all varieties of grapes produced in the State of California shipped for fresh human consumption,…
- § 65524 “Producer” means a person engaged within this state in the business of producing or causing to be produced for market “fresh grapes.”
- § 65525 “Shipper” means any person engaged within this state in shipping fresh grapes, whether as owner, agent, or otherwise.
- § 65526 “Processor” and derivatives therefrom, means every person and every plant within this state to whom or to which grapes are delivered for the purpose of drying,…
- § 65527 “Person” means an individual, firm, corporation, association, or any other business entity, and includes a state agency that engages in any of the commercial…
- § 65528 “Secretary” means the Secretary of Food and Agriculture.
- § 65529 “Advertising and sales promotion” means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention,…
- § 65530 “State” means the State of California.
- § 65531 “Commission” means the California Table Grape Commission.
- § 65532 “Commissioner” means a person appointed by the secretary pursuant to Section 65550.
- § 65533 “Districts” means and includes: (a) District 1, which includes all that area of California south of a line described as beginning at the point of intersection…
ARTICLE 3. The California Table Grape Commission §§ 65550–65576 · 24 sections
- § 65550 There is in the state government the California Table Grape Commission. The commission shall comprise three producers from each district appointed by the…
- § 65551 The California Table Grape 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…
- § 65552 The commission may employ a president, a treasurer, and a secretary. The compensation of each officer shall be fixed by the commission and they shall serve at…
- § 65553 A commissioner shall be an individual producer, or a partner or employee of a producer, who is actively engaged in growing fresh grapes within this state for a…
- § 65555 The regular terms of office of the commissioners shall be three years from the date of appointment by the secretary and until their successors are appointed.
- § 65556 Each commissioner for each district shall be elected by a plurality of votes cast by producers in the district. Each producer who has grown fresh grapes in a…
- § 65559 The commission shall annually compile and maintain a list of eligible producers and certify the list to the secretary at least 30 days before the date set for…
- § 65559.5 (a) The commission, in preparing a list of producers to be used under this chapter, may omit from the list any person who makes only casual sales or sales as a…
- § 65562 Upon establishment of the lists of producers, the secretary shall call meetings of producers in each district, for the purpose of nominating persons to be…
- § 65563 Upon expiration of the voting period, the secretary shall tabulate all votes and appoint a commissioner for each district. If all nominees are unsatisfactory…
- § 65564 Nonreceipt of notice of a meeting for the nomination of commissioners or of ballots shall not invalidate any such meeting, nomination or election.
- § 65566 A person appointed to the office of commissioner by the secretary shall be selected pursuant to the nomination, election, and appointment procedures…
- § 65567 In the event the office of a commissioner becomes vacant due to failure to qualify, resignation, disqualification, death or for any other reason, such position…
- § 65568 A majority of the members of the commission at any meeting shall constitute a quorum for the transaction of all business and the carrying out of the duties of…
- § 65569 A commissioner shall not receive a salary. A commissioner may receive necessary traveling expenses and meal allowances, as approved by the commission.
- § 65570 All moneys received by a person from the assessments levied under the authority of this chapter or otherwise received by the commission shall be paid to the…
- § 65571 The State of California shall not be liable for the acts of the commission or its contracts. Payment of all claims arising by reason of the administration of…
- § 65572 The powers and duties of the commission shall include, but are not limited to, all of the following: (a) To elect a chairperson, and from time to time other…
- § 65573 (a) The commission shall continue to operate if, in a referendum conducted by the commission in which at least 40 percent of the total number of producers…
- § 65574 The commission shall appoint a shipper advisory committee of five members appointed from shippers at large to advise the commission on the exercise of its…
- § 65575 Members of the shipper advisory committee shall not receive a salary. Members of the shipper advisory committee may receive necessary traveling expenses and…
- § 65575.1 The public member of the commission shall be appointed by the secretary from nominees recommended by the commission. If all nominees are unsatisfactory to the…
- § 65575.2 The public member of the commission shall represent the interests of the general public in all matters coming before the commission and shall have the same…
- § 65576 It is hereby declared, as a matter of legislative determination, that producers or employees of producers appointed to the commission pursuant to this article…
ARTICLE 4. Assessments and Records §§ 65600–65605 · 6 sections
- § 65600 (a) There is hereby levied and imposed upon all fresh grapes shipped during each marketing season an assessment as fixed by the commission at that amount…
- § 65601 A shipper shall keep a complete and accurate record of all fresh grapes shipped by the shipper and the producer. The records shall be in simple form and…
- § 65602 Every shipper shall, at such times as the commission may by rule or regulation require, file with the commission a return, under oath, on forms to be…
- § 65603 All information obtained by the commission from shippers shall be confidential and shall not be disclosed, except when required by a court order in a judicial…
- § 65604 All assessments imposed by this chapter shall be due and payable and shall be paid to the commission by each shipper. The commission shall, by rule or…
- § 65605 All such assessments shall be paid to the commission by the shipper first shipping such fresh grapes. Every shipper is authorized to collect such assessments…
ARTICLE 5. Actions and Penalties §§ 65650–65654 · 7 sections
- § 65650 The commission may, if it believes a violation of this chapter or any rule or regulation has occurred, or in the event of nonpayment of any assessment, bring…
- § 65650.5 (a) A person aggrieved by an action of the commission may file a grievance with the commission or a duly authorized committee of the commission designated for…
- § 65651 Any person subject to this chapter and allegedly aggrieved hereby or by any rule, or order of the commission shall comply with and exhaust the appeal procedure…
- § 65651.5 An action by the commission for a violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. An action…
- § 65652 Venue for actions commenced by the commission may be established at the domicile or place of business of the defendant or in the county of the principal office…
- § 65653 It shall be a misdemeanor for: (a) Any person to violate or aid in the violation of any provision of this chapter or any rule or regulation of the commission.…
- § 65654 Agents of the commission, upon specific written authorization signed by the chairman or secretary of the commission, shall have the right to inspect the…
ARTICLE 6. Suspension of Operations §§ 65660–65663 · 4 sections
- § 65660 (a) Before the initiation of a referendum for the continuation of the operation of the commission, as described in Section 65573, and upon a finding by a…
- § 65661 At the close of the referendum period established for any referendum required by Section 65660, the secretary shall tabulate the ballots filed during that…
- § 65662 Upon and after the effective date of suspension of the operation of the commission, the operations of the commission shall be wound up and any and all moneys…
- § 65663 Upon suspension of the operation of the commission, a notice of the suspension shall be posted on the department’s website. The commission shall mail a copy of…
ARTICLE 7. Miscellaneous §§ 65671–65674 · 3 sections
- § 65671 In any civil or criminal action or proceeding for violation of the Cartwright Act (Section 16700, Business and Professions Code, and following), the Unfair…
- § 65673 The commission shall reimburse to the secretary all expenses incurred by them in the supervision of elections.
- § 65674 This chapter shall be liberally construed. If any section, clause or part of this chapter is for any reason held to be unconstitutional or invalid as applied…
ARTICLE 8. Termination § 65675 · 1 section
- § 65675 (a) Between January 1 and March 31 of each fifth calendar year commencing with the year 1972, unless the commission has filed a petition for recommending the…