CHAPTER 7. California Pistachio Commission [69001. - 69114.]

Chapter 7 added by Stats. 1980, Ch. 602.

§§ 69001–69114 · 71 sections

1. ARTICLE 1. Declaration and General Provisions §§ 69001–69007 · 7 sections

   • § 69001 The pistachio industry in this state is expanding and has the potential to constitute one of California’s principal nut crops. The industry can provide an…
   • § 69002 As an exotic nut crop developed in the Mideast, the pistachio is not heavily consumed in this country or abroad. Opportunity exists for continued growth and…
   • § 69003 The establishment of a California Pistachio Commission is necessary for the efficient development and management of a national and international advertising…
   • § 69004 The production and marketing of pistachios produced in this state is hereby declared to be affected with a public interest. The provisions of this chapter are…
   • § 69005 A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and…
   • § 69006 No action taken by the commission, nor by any individual in accordance with this chapter or with rules and regulations adopted under the chapter, shall be…
   • § 69007 This chapter shall be liberally construed. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid,…
2. ARTICLE 2. Definitions §§ 69011–69030 · 17 sections

   • § 69011 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 69012 “Pistachio” means any variety of pistachio produced in the state, including any pistachios delivered to a processor for processing into any pistachio product.
   • § 69013 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
   • § 69014 “Commission” means the California Pistachio Commission.
   • § 69015 “Commissioner” means any member of the commission.
   • § 69016 “Distribute” means to engage in the business of a distributor.
   • § 69018 “Secretary” means the Secretary of Food and Agriculture.
   • § 69019 “Districts” shall consist of the following: (a) District 1 consists of Tulare, Kern, San Bernardino, San Luis Obispo, Santa Barbara, Ventura, Los Angeles,…
   • § 69020 “Ex officio member” shall be a nonvoting member of the commission.
   • § 69022 “Processor” and “first handler” are synonymous and mean any person engaged, within this state, in the operation of hulling and drying pistachios that he or she…
   • § 69023 “Marketing research” means any research relating to the sale of pistachios.
   • § 69024 “Marketing season” or “fiscal year” means the period beginning September 1 of any year and extending through the last day of August of the following year.
   • § 69025 “Process” means to engage in the business of a processor.
   • § 69027 “Producer” or “grower” means any person who is engaged within this state in the business of producing, or causing to be produced for market, pistachios, and…
   • § 69028 “Production research” means any research relating to the production of pistachios.
   • § 69029 “Producer-supplier” means any producer who engages in the operation of selling, marketing, or distributing pistachios that he or she has produced, or has…
   • § 69030 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…
3. ARTICLE 3. The California Pistachio Commission §§ 69031–69045 · 16 sections

   • § 69031 There is in the state government the California Pistachio Commission. The commission shall be composed of eight pistachio producers and one public member.…
   • § 69032 The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be in the public…
   • § 69033 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…
   • § 69033.5 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities under this…
   • § 69034 Each member of the commission, except the ex officio members, shall have an alternate member to be elected in the same manner as the member. An alternate…
   • § 69035 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…
   • § 69036 A producer member or his alternate on the commission shall be an individual, partner, or employee of a producer who has a financial interest in producing, or…
   • § 69037 The public member or his alternate on the commission, shall have all the powers, rights, and privileges of any other member on the commission. The public…
   • § 69038 The term of office of all commissioners, except any ex officio member, shall be two years from the date of their election and until their successors are…
   • § 69039 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,…
   • § 69040 A quorum of the commission shall be any five voting commissioners. Except as provided in Sections 69019 and 69102, the vote of a majority of members present at…
   • § 69041 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.
   • § 69042 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…
   • § 69043 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…
   • § 69044 The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts…
   • § 69045 All proprietary information obtained by the commission or the secretary from producers, processors, or producer-suppliers shall be confidential and shall not…
4. ARTICLE 4. Powers and Duties of the Commission § 69051 · 1 section

   • § 69051 The powers and duties of the commission, subject to Sections 69032 and 69033, include, but are not limited to, all of the following: (a) To adopt and, from…
5. ARTICLE 5. Implementation and Voting Procedures §§ 69061–69070 · 11 sections

   • § 69061 Within 90 days after January 1, 1981, the secretary shall establish a list of producers eligible to vote on implementation of this chapter. In establishing the…
   • § 69062 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds in a referendum conducted…
   • § 69063 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…
   • § 69064 Nonreceipt of a ballot shall not invalidate a referendum.
   • § 69065 If the secretary finds that a favorable vote has been given as provided in Section 69062, the secretary shall certify and give notice of the favorable vote to…
   • § 69066 If the secretary finds that a favorable vote has not been given as provided in Section 69062, the secretary shall so certify and declare this chapter…
   • § 69067 Upon certification of the commission, the secretary shall call meetings of producers in each district for the purpose of nominating and electing persons for…
   • § 69068 To be eligible for election to the commission, producer nominees shall present to the secretary a nomination petition with the signatures of at least six…
   • § 69068.5 To be eligible to sign a nomination petition pursuant to Section 69068, a person shall meet either of the following qualifications: (a) Be a producer as…
   • § 69069 Subsequent to the first election of commissioners under this chapter, persons to be elected to the commission shall be selected pursuant to nomination and…
   • § 69070 Prior to the referendum vote conducted by the secretary pursuant to Section 69062, the proponents of the commission shall deposit with the secretary the amount…
6. ARTICLE 6. Assessments and Records §§ 69081–69088 · 7 sections

   • § 69081 The commission, not later than October 1 of each year, shall establish the assessment for the marketing season that begins September 1 and continues through…
   • § 69082 The provisions of this chapter do not apply to pistachios produced only for the producer’s home use or where the pistachios are used only for ornamental…
   • § 69083 Every processor shall keep a complete and accurate record of all pistachios processed by him with the name of the producer whose pistachios were processed.…
   • § 69085 Assessments shall be upon the producer. The first handler of pistachios being assessed shall deduct the assessment from amounts paid by him or her to the…
   • § 69086 Every processor shall be personally liable for the payment of the collected assessments, and failure of the processor to collect the assessment from any…
   • § 69087 Any assessment which is levied as provided for in this chapter, is a personal debt of every producer so assessed. Failure of a processor to make payment of the…
   • § 69088 (a) Any producer or processor who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty…
7. ARTICLE 7. Actions and Penalties §§ 69091–69093 · 3 sections

   • § 69091 It is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding five hundred dollars ($500), or by both…
   • § 69092 The commission shall adopt procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the…
   • § 69093 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…
8. ARTICLE 8. Continuation or Suspension and Termination §§ 69101–69105 · 5 sections

   • § 69101 Between September 1, 1985, and August 31, 1986, the commission shall cause a referendum to be conducted among producers in the manner prescribed in Section…
   • § 69102 Following a favorable referendum conducted prior to August 31, 1986, a referendum shall be conducted by the commission every fifth year thereafter between…
   • § 69103 Upon a finding by a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission may…
   • § 69104 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…
   • § 69105 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 affected…
9. ARTICLE 9. Marketing Order Involvement §§ 69111–69114 · 4 sections

   • § 69111 The commission may recommend to the secretary that he or she adopt pistachio quality standards, product labeling, or engage in any other activity authorized…
   • § 69112 Any activity recommended by the commission shall not become operative until approved in the manner specified in Section 69062.
   • § 69113 Any activity adopted pursuant to this article shall be implemented by the secretary at the beginning of the marketing season next succeeding the date on which…
   • § 69114 The commission shall serve as the advisory body to the secretary on all matters pertaining to this article.