CHAPTER 6. California Kiwifruit Commission
Chapter 6 added by Stats. 1979, Ch. 1027.
§§ 68001–68144 · 79 sections
ARTICLE 1. Declaration and General Provisions §§ 68001–68006 · 6 sections
- § 68001 The kiwifruit industry in this state is expanding and can constitute one of California’s principal fruit crops. The industry can provide an important source of…
- § 68002 As an exotic subtropical fruit, the kiwifruit is not heavily consumed in this country or abroad. Opportunity exists for continued growth and expansion of the…
- § 68003 The establishment of a California Kiwifruit Commission is necessary for the efficient development and management of a national and international advertising…
- § 68004 The production and marketing of kiwifruit produced in this state is hereby declared to be affected with public interest. The provisions of this chapter are…
- § 68005 A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and…
- § 68006 No action taken by the commission, nor by any individual in accordance with this chapter or with rules or regulations adopted under the chapter, shall be…
ARTICLE 2. Definitions §§ 68021–68044 · 23 sections
- § 68021 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 68022 “Kiwifruit” means any variety of kiwifruit (“Kiwi,” “Chinese Gooseberry,” or species Actinidia deliciosa) produced in the state, including any kiwifruit…
- § 68023 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
- § 68025 “Commission” means the California Kiwifruit Commission.
- § 68026 “Commissioner” means any member of the commission.
- § 68027 “Distribute” means to engage in the business of a distributor.
- § 68028 “Distributor” means any person who engages in the operation of selling, marketing, or distributing kiwifruit which he has produced or purchased or acquired…
- § 68029 “Secretary” means the Secretary of Food and Agriculture.
- § 68030 “Districts” shall consist of the following: (a) District 1 consists of Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Tehama, Mendocino, Glenn,…
- § 68031 “Ex officio member” shall be a nonvoting member of the commission.
- § 68032 “Handle” means to engage in the business of a handler as defined in Section 68033.
- § 68033 “Handler” means any person engaged, within this state, as a distributor in the business of distributing kiwifruit or any person engaged as a processor in the…
- § 68034 “Independent handler” means a handler who primarily handles fruit for an independent producer or grower.
- § 68034.5 “Cooperative handler” means a handler who primarily handles fruit for a cooperative producer or grower.
- § 68036 “Marketing research” means any research relating to the sale of kiwifruit.
- § 68037 “Marketing season” or “fiscal year” means the period beginning October 1 of any year and extending through September 30 of the following year.
- § 68038 “Nonprofit cooperative association” or “cooperative” means any corporation which is organized pursuant to Chapter 1 (commencing with Section 54001) of Division…
- § 68039 “Processor” means any person engaged, within this state, in the operation of canning, fermenting, distilling, extracting, preserving, grinding, crushing, or in…
- § 68040 “Process” means to engage in the business of a processor.
- § 68041 “Producer” or “grower,” means any person who is engaged, within this state, in the business of producing, or causing to be produced for market, kiwifruit, who…
- § 68042 “Production research” means any research related to the production, harvest, and post harvest handling of kiwifruit, other than marketing research.
- § 68043 “Sale” means the point at which the producer transfers title to the kiwifruit in exchange for financial compensation or other valuable consideration. A sale…
- § 68044 “Tray” means a receptacle used in the packaging or handling of kiwifruit.
ARTICLE 3. The California Kiwifruit Commission §§ 68051–68065 · 15 sections
- § 68051 There is in the state government the California Kiwifruit Commission, a state agency operating under authority of this chapter. The commission shall be…
- § 68052 The secretary may require the commission to correct or cease any existing or proposed activity or function that is determined by the secretary to be in…
- § 68053 The commission or secretary may bring an action for judicial relief from the secretary’s written notice, or from noncompliance by the commission with the…
- § 68054 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities under this…
- § 68054.5 Each member of the commission, except the ex officio members, has an alternate member, who is elected in the same manner as the member. An alternate member, in…
- § 68055 Any vacancy on the commission including, but not limited to, the failure of any person elected to the commission as a member or alternate member to continue in…
- § 68056 Any producer member or his alternate on the commission shall be an individual or an employee representing a producer who has a financial interest in producing,…
- § 68057 The term of office of all commissioners, except any ex officio member, shall be for two years from the date of their election and until their successors are…
- § 68058 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,…
- § 68061 A quorum of the commission shall be any seven voting commissioners. Except as provided in Sections 68030 and 68132, the vote of a majority of members present…
- § 68062 The secretary or the secretary’s representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission.…
- § 68062.5 When the secretary is required to concur in a decision of the commission, the secretary shall indicate his or her response to the commission within 15 working…
- § 68063 No commissioner or member of a committee established by the commission who is a nonmember of the commission shall receive a salary. Each commissioner, except…
- § 68064 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…
- § 68065 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 of the Commission §§ 68081–68082 · 2 sections
- § 68081 The powers and duties of the commission, subject to Sections 68052 and 68053, include, but are not limited to, all of the following: (a) To adopt and, from…
- § 68082 (a) In order to prevent unfair trade practices, which are detrimental to California’s kiwifruit industry, including, but not limited to, deception and…
ARTICLE 5. Implementation and Voting Procedures §§ 68091–68099 · 9 sections
- § 68091 The secretary shall establish a list of producers eligible to vote on implementation of this chapter. In establishing this list, the secretary shall require…
- § 68092 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds, in a referendum conducted…
- § 68093 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…
- § 68094 Nonreceipt of a ballot shall not invalidate such a referendum.
- § 68095 If the secretary finds that a favorable vote has been given as provided in Section 68092, the secretary shall certify and give notice of the favorable vote to…
- § 68096 If the secretary finds that a favorable vote has not been given as provided in Section 68092, the secretary shall so certify and declare all provisions of this…
- § 68097 Upon certification of the commission, the secretary shall call meetings of producers in each district for the purpose of nominating and electing persons for…
- § 68098 Subsequent to the first election of commissioners under this chapter, persons to be elected to the commission shall be selected pursuant to the nomination and…
- § 68099 Prior to the referendum vote conducted by the secretary pursuant to Section 68092, the proponents of the commission shall deposit with the secretary the amount…
ARTICLE 6. Assessments and Records §§ 68101–68108 · 9 sections
- § 68101 (a) The commission shall, not later than October 1 of each year, establish the assessment for the marketing year beginning October 1 and ending September 30.…
- § 68101.5 Assessments shall be based on the total income or other valuable consideration received from the sale of kiwifruit, in whole or in part, by every producer…
- § 68102 The provisions of this chapter do not apply to kiwifruit produced only for the producer’s home use or where the kiwifruit are used only for ornamental…
- § 68103 Every handler shall keep a complete and accurate record of all kiwifruit shipped by him and the name of the producer whose kiwifruit were shipped. Such records…
- § 68104 All proprietary information obtained by the commission or the secretary from producers or handlers is confidential and shall not be disclosed except when…
- § 68105 Assessments provided for in this article shall be upon the producer. The handler first handling the kiwifruit being assessed shall deduct such assessments from…
- § 68106 Every handler shall be personally liable for the payment of the collected assessments, and failure of the handler to collect the assessment from any producer…
- § 68107 (a) Any assessment that is levied as provided for in this chapter is a personal debt of every producer so assessed. However, no producer shall be liable for…
- § 68108 Any producer or handler who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10…
ARTICLE 7. Actions and Penalties §§ 68111–68115 · 5 sections
- § 68111 It shall be a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or…
- § 68112 The commission shall adopt procedures for the purpose of addressing any claims relating to this chapter made against the commission or any of its individual…
- § 68113 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 the…
- § 68114 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.
- § 68115 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. Continuation, Suspension, and Termination §§ 68131–68140 · 6 sections
- § 68131 Between October 1, 1984, and September 30, 1985, the commission shall cause a referendum to be conducted among producers in the manner prescribed in Section…
- § 68132 Following a favorable referendum conducted prior to September 30, 1985, a referendum shall be conducted by the commission every fifth year thereafter between…
- § 68133 Upon the finding of a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission…
- § 68134 After the effective date of suspension of the operation of the provisions of this chapter and of the commission, the operations of the commission shall be…
- § 68135 Upon suspension of the operation of this chapter and of the commission, the commission shall mail a copy of the notice of suspension to all producers and…
- § 68140 All moneys remaining held by the commission after the repeal of this chapter shall be disposed of in accordance with Section 68134.
ARTICLE 9. Quality Standards §§ 68141–68144 · 4 sections
- § 68141 The commission may recommend to the secretary the adoption of kiwifruit quality standards or engage in any other activity authorized pursuant to the California…
- § 68142 Any standards or activities recommended by the commission shall not become operative until approved in the manner specified in Section 68092.
- § 68143 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…
- § 68144 The commission shall serve as the advisory body to the secretary on all matters pertaining to this article.