CHAPTER 4. California Iceberg Lettuce Commission [66501. - 66701.]
Chapter 4 added by Stats. 1977, Ch. 434.
§§ 66501–66701 · 88 sections
ARTICLE 1. Declarations and Purposes §§ 66501–66507 · 7 sections
- § 66501 The inability of lettuce shippers to maintain or expand present markets for iceberg lettuce results in an unreasonable and unnecessary economic waste and…
- § 66502 These conditions vitally concern the health, peace, safety, and general welfare of the people of this state. It is, therefore, in the public interest to…
- § 66503 The promotional, educational, economic and marketing research, and any similar activities authorized by this chapter will serve to expand existing markets and…
- § 66504 It is hereby declared to be the policy of this state to aid in preventing economic waste in the marketing of iceberg lettuce, to develop more efficient and…
- § 66505 The production and marketing of fresh California iceberg lettuce for human consumption is declared to be affected with a public interest. The provisions of…
- § 66506 Notwithstanding any other laws to the contrary, in the event a commodity or marketing agreement or marketing order under the jurisdiction of the United States…
- § 66507 A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, and marketing research.
ARTICLE 2. Definitions and General Provisions §§ 66521–66546 · 27 sections
- § 66521 As used in this chapter, the following words have the following meaning set forth hereafter unless otherwise apparent from the context.
- § 66522 “Advertising and sales promotion” means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention,…
- § 66523 “Books and records” means any book, record, account, contract, document, memorandum, paper, correspondence, or other written datum reflecting operations under…
- § 66524 “Cartwright Act” means the act set forth in Chapter 2 (commencing with Section 16700), Part 2, Division 7 of the Business and Professions Code.
- § 66525 “Cause to be produced” means the proprietary functions of initiating and supervising iceberg lettuce production.
- § 66526 “Commission” means the California Iceberg Lettuce Commission.
- § 66527 “Commissioner” means any member of the commission.
- § 66528 “Districts” consist of: District 1.(Blythe area) Riverside and San Bernardino Counties. District 2.(Imperial Valley area) Imperial County. District…
- § 66529 “Director” means the Director of Food and Agriculture.
- § 66530 “Fiscal year,” means the period beginning April 1 of any year and extending through March 31 of the following year.
- § 66531 “Grower” means any person engaged within this state in the business of producing or causing to be produced iceberg lettuce.
- § 66532 “Grower-handler” means any person who is engaged within the state in the business of producing or causing to be produced, through contractual agreements or…
- § 66533 “Grower-shipper” has the same meaning as grower-handler.
- § 66534 “Handle” means to perform any of the functions of a handler.
- § 66535 “Handler,” unless otherwise specified, has the same meaning as grower-handler as defined in Section 66532 and secondary handler as defined in Section 66542.5.…
- § 66536 “Iceberg lettuce” for purposes of this chapter means varieties of lettuce produced in California of the types which are distinguished as “crisphead” in that…
- § 66537 “Market” or ”marketing” means to sell, ship, or otherwise distribute iceberg lettuce in the commercial channels of trade in a manner consistent with this…
- § 66538 “Marketing season” has the same meaning as fiscal year.
- § 66539 “Prepare for market” means to perform all functions of harvesting and preparing iceberg lettuce for market or marketing.
- § 66540 “Person” means any individual, firm, corporation, association, or other business unit, and shall include, for purposes of this chapter, any state agency which…
- § 66541 “Producer” has the same meaning as grower.
- § 66542 “Public representative” means a member of the commission appointed to represent the public generally pursuant to subdivision (c) of Section 66564.
- § 66542.5 “Secondary handler” means any person who purchases from a grower or grower-handler iceberg lettuce for the purpose of coring, shredding, or processing such…
- § 66543 “Standard box” means standard containers for iceberg lettuce as such containers are defined in the California Administrative Code.
- § 66544 “Standard carton” has the same meaning as standard box.
- § 66545 “Standard container” has the same meaning as standard box.
- § 66546 “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.
ARTICLE 3. The California Iceberg Lettuce Commission §§ 66561–66585 · 28 sections
- § 66561 There is hereby created the California Iceberg Lettuce Commission to be thus known and designated. The commission is composed of 19 members, of which 14 are…
- § 66561.3 The director may require the commission to correct or cease any activity or function which is determined by the director not to be in the public interest or is…
- § 66561.4 Either party may bring an action for judicial relief in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction,…
- § 66561.5 The public member is appointed to the commission by the director from nominees recommended by the commission.
- § 66562 The 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 be contracted with,…
- § 66563 The commission may appoint a president, a treasurer, a secretary, and any other necessary personnel to carry out this chapter. The compensation of each officer…
- § 66564 Except as provided in Section 66561, each member of the commission is required to be a citizen and a resident of this state. Additionally: (a) Each handler…
- § 66565 Each of the five districts is represented by the following number of handlers: (a) District 1 has one member. (b) District 2 has three members. (c) District 3…
- § 66566 The regular term of office for handler members of the commission is three years, commencing April 1 of any year in which they are appointed, and, except with…
- § 66567 Members-at-large and the public representative shall serve 3-year terms.
- § 66568 Each handler member for each district shall be elected by a plurality of votes cast by handlers in the district. Each handler who has handled iceberg lettuce…
- § 66569 Each member-at-large and the public member are persons nominated for appointment by the handler members of the commission and appointed by the director. Any…
- § 66571 Immediately after January 1, 1978, the director shall establish a list of handlers in each district. Such list of handlers may be established from lists of…
- § 66572 The commission or the director, in preparing a list of handlers to be used pursuant to this chapter, may omit from the list any person who functions as a…
- § 66573 Lists of handlers may be obtained whenever and in the manner that the director deems necessary or advisable, including for the purpose of checking, comparing,…
- § 66574 Any handler, whose name does not appear on the director’s list of handlers, but who is otherwise qualified to participate in the commission activities, may…
- § 66575 Upon establishment of lists of handlers, the director shall call meetings of handlers in each district for the purpose of nominating persons to be appointed to…
- § 66576 Upon expiration of the voting period the director shall tabulate all votes and shall announce the names of those persons nominated for appointment as handler…
- § 66577 Nonreceipt of notice of a meeting for the nomination of commissioners or of ballots shall not invalidate any such meeting, nomination, or election.
- § 66578 The commission shall compile and maintain a list of qualified handlers.
- § 66579 Subsequent to the first election after January 1, 1978, persons to be appointed to the office of commissioner by the director shall be selected pursuant to…
- § 66580 If the position of a handler member becomes vacant due to failure to qualify, resignation, disqualification, death, or for any other reason, the position shall…
- § 66581 (a) Except as provided in subdivision (b), nine members of the commission, of which at least eight are handler members, constitute a quorum at any meeting for…
- § 66581.5 The director or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission.
- § 66582 No commissioner shall receive a salary. Each commissioner shall be entitled to receive the sum of thirty-five dollars ($35) per day for each day spent in…
- § 66583 All moneys received by the commission or its designated agents from the assessments levied under the authority of this chapter or otherwise received by the…
- § 66584 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…
- § 66585 The powers and duties of the commission include, but are not limited to, all of the following: (a) To elect a chairman and, from time to time, any other…
ARTICLE 4. Voting Procedure §§ 66601–66605 · 5 sections
- § 66601 The provisions of this chapter, except as necessary to conduct the vote, shall not become operative until the director finds in a referendum conducted by him…
- § 66602 The director shall establish a period in which to conduct such vote which shall not be less than 30 days nor more than 90 days from the date this section…
- § 66603 Nonreceipt of a ballot shall not invalidate such vote.
- § 66604 If the director finds that a favorable vote has been given as provided in Section 66601, he shall so certify and announce to the commission and file notice…
- § 66605 If the director finds that a favorable vote has not been given under Section 66601, he or she shall so certify to the commission and shall declare this chapter…
ARTICLE 5. Assessments and Records §§ 66621–66626 · 6 sections
- § 66621 (a) There is hereby levied and imposed upon all iceberg lettuce harvested and marketed in each fiscal year, an assessment to be paid by the handlers of the…
- § 66622 Every handler shall keep a complete and accurate record of all iceberg lettuce handled by him and the producer thereof. Such records should be in simple form…
- § 66623 Every handler shall, at such times as the commission may by rule or regulation require, file with the commission a report, under oath, on forms to be…
- § 66624 Any information obtained by the commission from handlers shall be confidential and shall not be disclosed except when required in a judicial proceeding.
- § 66625 Assessments provided for in this article are levied upon the handler first marketing the iceberg lettuce being assessed. The handler is a trustee of the funds…
- § 66626 Every handler is primarily and personally liable for the payment of an assessment. Any handler who fails to file a return or pay any assessment within the time…
ARTICLE 6. Actions and Penalties §§ 66641–66646 · 6 sections
- § 66641 The commission may, if it finds a violation of this chapter or any rule or regulation has occurred, or in the event of nonpayment of any assessment, bring a…
- § 66642 Any person aggrieved by any action of the commission may appeal to the director. The director shall review the record of the proceedings before the commission.…
- § 66643 Any person subject to this chapter and aggrieved by any provision of this chapter or by any rule or order of the commission shall comply with and exhaust the…
- § 66644 Any proceeding by the commission to enforce this chapter or by a handler applying for relief from rules, orders, or regulations of the commission may be…
- § 66645 It shall be a misdemeanor to do any of the following: (a) For any person to violate or aid in the violation of this chapter or any rule or regulation of the…
- § 66646 The commission shall have the right to inspect the premises, books, records, documents, and all other instruments of any carrier, railroad, truck, boat,…
ARTICLE 7. Suspension of Operations §§ 66661–66664 · 4 sections
- § 66661 Upon the finding of nine of the members of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission…
- § 66662 At the close of the voting period established, the director shall tabulate the ballots filed during such period. If at least 65 percent of the handlers have…
- § 66663 After the effective date of suspension of the operation of the provisions of this chapter and of the commission, as provided in Section 66662, the operations…
- § 66664 Upon suspension of the operation of this chapter and of the commission, as provided in Sections 66662 and 66663, a notice thereof shall be posted on a public…
ARTICLE 8. Miscellaneous §§ 66681–66684 · 4 sections
- § 66681 Nothing in this chapter shall apply to any order, rule, or regulation issued or issuable by the Public Utilities Commission or the Interstate Commerce…
- § 66682 In any civil or criminal action or proceeding for violation of the so-called Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7…
- § 66683 The commission shall reimburse to the director all expenses incurred by the director in carrying out his duties and responsibilities under this chapter, except…
- § 66684 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 9. Continuation § 66701 · 1 section
- § 66701 Between January 1 and March 31 of each fifth calendar year commencing with the year 1982, the director shall cause a vote to be conducted among handlers, as…