CHAPTER 5. California Avocado Commission [67001. - 67143.]

Chapter 5 added by Stats. 1977, Ch. 569.

§§ 67001–67143 · 70 sections

1. ARTICLE 1. Declaration and General Provisions §§ 67001–67006 · 6 sections

   • § 67001 Avocados produced in this state constitute one of the state’s principal tree fruit crops. The avocado industry in this state is expanding. The industry…
   • § 67002 Opportunity exists for continued growth and expansion of the industry, by creating new markets. The success of an expansion program is uniquely dependent upon…
   • § 67003 The establishment of a commission is imperative for the efficient development and management of a national and international advertising program which will…
   • § 67004 The production and marketing of avocados produced in this state is hereby declared to be affected with public interest. The provisions of this chapter are…
   • § 67005 The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of avocados the opportunity to…
   • § 67006 No action taken by the commission, or by any person in accordance with this chapter or with rules or regulations adopted under this chapter, is a violation of…
2. ARTICLE 2. Definitions §§ 67021–67040.5 · 15 sections

   • § 67021 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 67022 “Avocado” means any variety of avocado produced in the state, including any avocado delivered to a processor for processing into any avocado product.
   • § 67023 “Books and records” mean books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
   • § 67025 “Commission” means the California Avocado Commission.
   • § 67026 “Ex officio members” means nonvoting members of the commission.
   • § 67028 (a) (1) “Handler” means any person who engages, in this state, in the operation of selling, marketing, or distributing avocados which he or she has produced or…
   • § 67030 “Handle” means to engage in the business of a handler.
   • § 67034 “Marketing research” means any research relating to the sale or inventory of avocados.
   • § 67035 “Marketing season” or “fiscal year” means the period beginning November 1 of any year and extending through the last day of October of the following year.
   • § 67036.5 “Person” means an individual, partnership, corporation, limited liability company, or other business entity.
   • § 67037 “Processor” means any person engaged, within this state, in any of the activities with respect to avocados as set forth in Section 58619.
   • § 67038 “Process” means to engage in the business of a processor.
   • § 67039 “Producer” or “grower” means any person who is engaged within this state in the business of producing, or causing to be produced, avocados for market.…
   • § 67040 “Production research” means any research related to the production of avocados other than marketing research.
   • § 67040.5 “Secretary” means the Secretary of the Department of Food and Agriculture.
3. ARTICLE 2.5. Districts §§ 67041–67042 · 2 sections

   • § 67041 The commission shall establish no fewer than three districts and no more than five districts within the state, each representing approximately the same…
   • § 67042 Beginning in the 2000–01 marketing season, districts shall be reapportioned every fifth year in accordance with redistricting procedures adopted by a…
4. ARTICLE 3. The California Avocado Commission §§ 67051–67062 · 17 sections

   • § 67051 (a) There is in the state government the California Avocado Commission. (b) The commission shall be composed of the following members: (1) (A) If the…
   • § 67051.5 The secretary may require the commission to correct or cease any activity or function which is determined by the secretary not to be in the public interest or…
   • § 67051.6 Either the commission or the secretary may bring an action for judicial relief in a court of competent jurisdiction, which may issue a temporary restraining…
   • § 67052 (a) Each district shall have one alternate producer member, to be elected in the same manner as producer members. (b) The alternate producer member shall, in…
   • § 67052.3 (a) There shall be one alternate handler member to be elected in the same manner as the handler members. (b) The alternate handler member shall, in the absence…
   • § 67052.5 (a) There shall be one alternate public member who shall be appointed by the secretary from nominees recommended by the commission. (b) The alternate public…
   • § 67053 (a) Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate member to continue in his or her…
   • § 67054 (a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for…
   • § 67055 (a) Except as specified in subdivision (b), the term of office of all members and alternate members, except the ex officio member, shall be for two years from…
   • § 67056 The commission shall have the power to sue and be sued and to contract and be contracted with. Copies of its proceedings, records, and acts, when certified by…
   • § 67057 The commission may appoint its own officers, including a chair, one or more vice chair, and other officers it deems necessary. The officers shall have the…
   • § 67058 The commission shall have the power to appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out…
   • § 67059 Unless otherwise specified, a quorum of the commission shall be any nine voting members if the commission consists of three or four districts and any 10 voting…
   • § 67059.5 The secretary or the secretary’s representatives shall be notified and may attend each meeting of the commission.
   • § 67060 A member, alternate member, or member of a committee who is a nonmember of the commission shall not receive a salary, but may receive a sum of not to exceed…
   • § 67061 All moneys received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited…
   • § 67062 The state is not liable for the acts of the commission or its contracts, except for state-directed supervision of the avocado inspection program, as specified…
5. ARTICLE 4. Voting Procedures §§ 67081–67082 · 2 sections

   • § 67081 (a) The secretary shall establish a list of producers in each district. In establishing the lists, the secretary shall require that handlers in the state…
   • § 67082 Persons to be elected to the commission shall be selected pursuant to nomination and election procedures adopted by the commission and concurred in by the…
6. ARTICLE 5. Duties and Powers of the Commission §§ 67091–67095 · 3 sections

   • § 67091 The powers and duties of the commission include, but are not limited to, all of the following: (a) Adopt and, from time to time, alter, rescind, modify, and…
   • § 67094 (a) To prevent unfair trade practices which are detrimental to California’s avocado industry, including, but not limited to, deception and misinformation, the…
   • § 67095 In order to avoid excessive administrative charges which adversely impact avocado producers, handlers, and consumers, the commission may decide, not later than…
7. ARTICLE 6. Assessments and Records §§ 67101–67107 · 6 sections

   • § 67101 (a) The commission shall, not later than November 1 of each year, establish the assessment as a fixed rate or percentage of value for the following marketing…
   • § 67102 This chapter does not apply to producers who produce avocados on a noncommercial basis for the producer’s home use or where the avocado trees are used only for…
   • § 67103 Handlers shall keep a complete and accurate record of all avocados shipped by him or her and the name of the producer whose avocados were shipped. The records…
   • § 67104 All the proprietary information obtained by the commission or the secretary from handlers, including, but not limited to, the names and addresses of producers,…
   • § 67105 All assessments shall be paid to the commission by the handler first handling avocados who shall be primarily and personally liable for the payment of the…
   • § 67107 The commission shall reimburse the secretary for all expenditures incurred by the secretary carrying out his or her duties and responsibilities under this…
8. ARTICLE 7. Actions and Penalties §§ 67111–67114 · 5 sections

   • § 67111 It shall be a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding five thousand dollars ($5,000), or by…
   • § 67112 The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the…
   • § 67112.5 (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 to…
   • § 67113 It is not necessary for the commission to allege or prove that an adequate remedy at law does not exist in any action brought under this chapter.
   • § 67114 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…
9. ARTICLE 8. Implementation, Continuation, or Suspension and Termination §§ 67121–67126 · 6 sections

   • § 67121 This chapter, except as necessary to conduct such vote, shall not become operative until the secretary finds, in a referendum conducted by the secretary in…
   • § 67122 The secretary shall establish a period in which to conduct the referendum which shall not be less than 10 days nor more than 60 days in duration, and may…
   • § 67123 Nonreceipt of a ballot shall not invalidate the referendum.
   • § 67124 If the secretary finds that a favorable vote has been given as provided in Section 67122, he or she shall certify and give notice of that favorable vote to all…
   • § 67125 If the secretary finds that assent has not been given as provided in Section 67121, he or she shall so certify and declare all provisions of this chapter…
   • § 67126 Prior to holding the referendum, sureties shall post a bond or security, acceptable to the secretary, in an amount which the secretary shall determine to be…
10. ARTICLE 9. Continuation and Suspension and Termination §§ 67131–67134 · 4 sections

    • § 67131 Between November 1, 1980, and October 31, 1981, and every fifth year thereafter, the secretary shall cause a referendum to be conducted by the commission among…
    • § 67132 Upon the finding of nine voting members of the commission if the commission consists of three or four districts, or of 10 voting members of the commission if…
    • § 67133 After the effective date of suspension of this chapter and of the commission, the operations of the commission shall be wound up, and any asset of the…
    • § 67134 Upon suspension of this chapter and the commission, a notice shall be issued by the secretary, and a copy of the notice shall be published in a newspaper of…
11. ARTICLE 10. Quality Standards §§ 67140–67143 · 4 sections

    • § 67140 The commission may recommend to the secretary the adoption of avocado quality standards or engage in any other activity authorized pursuant to the California…
    • § 67141 Any standards or activities adopted pursuant to this article shall be implemented by the secretary at the beginning of the marketing season next succeeding the…
    • § 67142 Any standards or activities recommended by the commission and concurred in by the secretary, shall not be operative until approved in the manner specified in…
    • § 67143 The commission shall serve as the advisory body to the secretary on all matters pertaining to this article.