CHAPTER 30. California Agave Commission [79911. - 79995.]
Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1.
§§ 79911–79995 · 64 sections
ARTICLE 1. Declarations and General Provisions §§ 79911–79917 · 7 sections
- § 79911 The cultivation of agave for processing into agave products and the marketing of agave and agave products constitute an important industry of this state, which…
- § 79912 The cultivation of agave in California is consistent with and supportive of California’s environmentally sensitive policies relating to sustainable farming…
- § 79913 The establishment of the commission is necessary for the efficient management of activities authorized in this chapter. The commission is also necessary to…
- § 79914 The purposes of this chapter are hereby declared to be in the public interest. This chapter is enacted in the exercise of the police power of this state for…
- § 79915 The commission form of administration created by this chapter is uniquely situated to provide those engaged in the activities specified in this chapter the…
- § 79916 No action taken by the commission, or by any individual in accordance with this chapter or with bylaws or procedures established pursuant to this chapter,…
- § 79917 It is the intent of the Legislature that members of the commission represent and further the interests of the agave industry and that this representation and…
ARTICLE 2. Definitions §§ 79921–79933 · 13 sections
- § 79921 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 79922 (a) “Agave” means the species of plants in the genus Agave of the family Asparagaceae cultivated for their juice and fiber. (b) Agave cultivated solely for…
- § 79923 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
- § 79924 “Commission” means the California Agave Commission.
- § 79925 “Cultivate” or “cultivated” means to plant, tend, harvest, or improve agave. Cultivated acreage does not include acreage removed from cultivation due to…
- § 79926 “Ex officio members” means nonvoting members of the commission board of directors.
- § 79927 “Grower” means a person who commercially cultivates agave, or causes agave to be cultivated, not in a container and on two acres or more during the marketing…
- § 79928 “Market” or “marketing” means to sell agave and agave products into commercial channels of trade.
- § 79929 “Marketing season” or “fiscal year” are synonymous terms and mean the period beginning April 1 of any year and extending through March 31 of the following year.
- § 79930 “Process” or “processing” means to engage in the business of a processor.
- § 79931 (a) “Processor” means a person licensed to commercially process agave and who processes agave in an amount of more than three tons in the state in the…
- § 79932 “Public member” means a person appointed to the commission board of directors pursuant to the procedures specified in this chapter.
- § 79933 “Secretary” means the Secretary of Food and Agriculture.
ARTICLE 3. California Agave Commission §§ 79936–79952 · 17 sections
- § 79936 (a) There is in state government the California Agave Commission. Except as provided in this section, the commission board of directors shall be composed of…
- § 79937 (a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary to not be in the public…
- § 79938 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…
- § 79939 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out their duties and responsibilities under this…
- § 79940 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 elected…
- § 79941 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…
- § 79942 A grower member and their alternate on the commission board of directors shall be an individual, partner, or employee of a grower who has a financial interest…
- § 79943 A processor member and their alternate on the commission board of directors shall be an individual, partner, or employee of a processor who has a financial…
- § 79944 The public member and their alternate on the commission board of directors shall have all the powers, rights, and privileges of any other member on the…
- § 79945 (a) The term of office of each member of the commission board of directors and their alternate, except an ex officio member, shall be three years from the date…
- § 79946 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…
- § 79947 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…
- § 79948 The secretary or their representatives shall be notified and may attend each meeting of the commission board of directors and any meetings of a committee…
- § 79949 A member of the commission board of directors or of any committee established by the commission, shall not receive a salary. Except for ex officio government…
- § 79950 If the secretary is required to concur in a decision of the commission, the secretary shall indicate their response within 15 working days from notification of…
- § 79951 All moneys received by a person from assessments levied under the authority of this chapter or otherwise received by the commission shall be deposited into…
- § 79952 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 § 79956 · 1 section
- § 79956 The powers and duties of the commission board of directors shall include, but are not limited to, all of the following: (a) Adopt and from time to time alter,…
ARTICLE 5. Implementation and Voting Procedures §§ 79961–79968 · 8 sections
- § 79961 (a) No later than 90 days from the request of proponents of the commission, the secretary shall establish a list of growers and processors eligible to vote on…
- § 79962 The commission shall not be established, and this chapter shall not be implemented, except as necessary to conduct an implementation referendum vote, until the…
- § 79963 The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days or more than 60 days in duration and may…
- § 79964 Nonreceipt of a ballot shall not invalidate a referendum.
- § 79965 If the secretary finds that a referendum vote in favor of establishing the commission has occurred, as provided in this article, the secretary shall certify…
- § 79966 If the secretary finds that a referendum vote in favor of establishing the commission has not occurred, as provided in this article, the secretary shall…
- § 79967 (a) Upon the establishment of the commission, the secretary shall contact growers and processors in a manner determined by the secretary for the purpose of…
- § 79968 Before the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary an amount of…
ARTICLE 6. Assessments and Records §§ 79971–79975 · 5 sections
- § 79971 (a) The commission board of directors shall, no later than the beginning of each marketing season, or as soon thereafter as possible, establish assessments to…
- § 79972 (a) Processors of agave shall keep a complete and accurate record of all agave processed by them with the names of the growers whose agave was processed. (b)…
- § 79973 (a) All proprietary information obtained by the commission or the secretary from any source, including the names and addresses of growers and processors, shall…
- § 79974 Growers and processors of agave that pay the assessment shall be trustees of the assessed funds until they are paid to the commission at the time and in the…
- § 79975 Every grower and processor shall be personally liable for the payment of the assessments owed to the commission.
ARTICLE 7. Actions and Penalties §§ 79981–79988 · 8 sections
- § 79981 (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…
- § 79982 A civil penalty not exceeding one thousand dollars ($1,000) may be levied by the commission on any person who does any of the following: (a) Willfully render…
- § 79983 For purposes of according individuals aggrieved by its actions or determinations, the commission board of directors shall establish procedures for an informal…
- § 79984 (a) The commission may commence civil actions and use all remedies provided in law or equity for the collection of assessments and civil penalties, and for…
- § 79985 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…
- § 79986 The commission shall not be required to allege or prove that an adequate remedy at law does not exist in any action brought pursuant to this chapter.
- § 79987 (a) This chapter shall be liberally construed. (b) The provisions of this chapter are severable. If any provision of this chapter or its application is held…
- § 79988 The termination of the operation of the commission and the implementation of this chapter shall not affect or waive any right, duty, obligation, or liability…
ARTICLE 8. Continuation or Suspension and Termination §§ 79991–79995 · 5 sections
- § 79991 (a) Five years after implementation of this chapter, the secretary shall hold a public hearing, after providing proper notice to persons subject to this…
- § 79992 Following a hearing, or a referendum resulting in a vote to continue the operation of the commission if required, the process specified in Section 79991 shall…
- § 79993 (a) Upon a finding by a two-thirds vote of the commission board of directors that the commission has not tended to effectuate its declared purposes, the…
- § 79994 After the effective date of suspension of the operation of the commission, the operation of the commission shall be concluded and all moneys held by the…
- § 79995 Upon suspension of the operation of the commission, the commission shall mail a copy of the notice of suspension to growers and processors affected by the…