CHAPTER 12.5. California Wine Commission

Chapter 12.5 added by Stats. 1986, Ch. 1287, Sec. 3.

§§ 74501–74696 · 96 sections

1. ARTICLE 1. Declaration and General Provisions §§ 74501–74508 · 8 sections

   • § 74501 The production and distribution of wine and wine-related products constitute an important industry of this state which provides substantial and necessary…
   • § 74502 The maintenance and expansion of the wine industry of California and of its local, national, and foreign markets is necessary to assure the consuming public of…
   • § 74503 It is in the public interest that the public be made aware of accurate and scientific information relating to the beneficial qualities of wine and wine-related…
   • § 74504 The production and marketing of wine and wine-related products produced in this state is hereby declared to be affected with a public interest. This chapter is…
   • § 74505 No action taken by the commission or by any individual in accordance with this chapter or with the rules and regulations adopted under the chapter is a…
   • § 74506 This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that…
   • § 74507 It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of a…
   • § 74508 A commission form of administration created by this chapter is designed to deal with the broad fields of market development, marketing research, and production…
2. ARTICLE 2. Definitions §§ 74521–74539 · 21 sections

   • § 74521 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 74522 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
   • § 74523 “Brandy” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of whole, sound, ripe grapes or from the…
   • § 74524 “Commission” means the California Wine Commission.
   • § 74524.1 “Director” means the Director of Food and Agriculture.
   • § 74524.5 “Eligible volume” means the total tonnage of winegrapes processed in the preceding marketing season by vintners subject to this chapter.
   • § 74525 “Grape concentrate” or “concentrate” means unfermented grape juice from which the major portion of the original water content has been removed.
   • § 74526 “Grape juice” or “juice” means unfermented crushed grapes without solids containing the major portion of the original water content.
   • § 74527 “Producer” and “grower” are synonymous and mean any person who produced winegrapes in the preceding marketing season. Producer also includes any person who…
   • § 74528 “Ex officio member” means a nonvoting member of the commission.
   • § 74529 “High proof” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of fresh winegrapes or from the residue…
   • § 74530 “Market” means to sell, barter, trade, purchase, acquire, or otherwise distribute wine or wine-related products.
   • § 74531 “Market development” includes, but is not limited to, trade promotion, public information, dissemination of information on health and social issues and other…
   • § 74532 “Market research” means any investigation, development, analysis, or implementation of information relating to the marketing of wine and wine-related products,…
   • § 74533 “Marketing season” or “fiscal year” means the period beginning July 1 of any year and extending through June 30 of the following years.
   • § 74534 “Must” means a mixture of unfermented crushed grapes, solid grape particles, and grape juice.
   • § 74535 “Processing research” means research relating to the processing of winegrapes, including, but not limited to, the development of new wine-related products and…
   • § 74536 “Vintner” means a winegrower, as defined in Section 23013 of the Business and Professions Code, who holds a winegrower’s license issued by the Department of…
   • § 74537 “Wine” means the product obtained by the fermentation of winegrapes or juice therefrom, with or without addition or abstracting, and includes any product made…
   • § 74538 “Winegrapes” means grapes produced in this state which are intended to be converted from their fresh form into grape juice, grape concentrate, wine, or…
   • § 74539 “Wine-related products” include, but are not limited to, must, grape juice, grape concentrate, wine, high proof, and brandy produced from winegrapes.
3. ARTICLE 3. California Wine Commission §§ 74561–74576 · 16 sections

   • § 74561 (a) There is in state government, the California Wine Commission. The commission shall be composed of 18 vintners and may include one public member. (b)…
   • § 74562 (a) The director may require the commission to correct or cease any existing activity or function which is determined by the director not to be in the public…
   • § 74563 The commission or the director may bring an action for judicial relief from the director’s written notice or for noncompliance by the commission with the…
   • § 74564 When the director is required to concur in a decision of the commission, he or she shall indicate his or her response to the commission within 15 working days…
   • § 74565 The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities pursuant to…
   • § 74566 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…
   • § 74567 Any vintner member and his or her alternate member shall be a person, or an employee representing a vintner, who has a financial interest in processing…
   • § 74568 The public member and his or her alternate member shall have all the rights, privileges, and powers of any other member of the commission. The public member…
   • § 74569 The term of office of members and alternate members shall be for two years or until their successors have been elected and have qualified. However, of the…
   • § 74570 No less than 10 vintner members, including alternate members when acting in place of the members, shall constitute a quorum of the commission.
   • § 74571 The vote of a majority of the members, or alternate members when acting in the place of the members, present at the meeting at which there is a quorum shall…
   • § 74572 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,…
   • § 74573 The director or his or her representatives shall be notified and may attend meetings of the commission and any committee meetings of the commission.
   • § 74574 No member of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive a salary. Each member of…
   • § 74575 All funds received from the assessments levied pursuant to this chapter or otherwise received by the commission shall be deposited in banks which the…
   • § 74576 (a) 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…
4. ARTICLE 4. Powers and Duties of the Commission §§ 74591–74608 · 18 sections

   • § 74591 The powers and duties of the commission shall include, but are not limited to, all of those contained in this article.
   • § 74592 The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, operating procedures, and…
   • § 74593 The commission may administer and enforce this chapter and do and perform all actions and exercise all powers incidental to, in connection with, or deemed…
   • § 74594 The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers it deems necessary. The officers shall…
   • § 74595 The commission may employ a person to serve at the pleasure of the commission as president, and other personnel, including legal counsel, necessary to carry…
   • § 74596 The commission may fix the compensation for all employees of the commission.
   • § 74597 The commission may appoint committees composed of both members and nonmembers of the commission.
   • § 74598 The commission may establish offices, incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of…
   • § 74599 The commission shall keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing firm selected…
   • § 74600 The commission may engage in market development and market research through plans and programs to enhance the sale of California wine and wine-related products…
   • § 74601 The commission may accept contributions of private, state, or federal funds that may be available for these purposes, and may allocate funds by contract or…
   • § 74602 The commission may undertake appropriate research relating to the production and processing of wine and winegrapes, including the development of new…
   • § 74603 The commission may publish and distribute bulletins or other communications relating to the California wine and wine-related products industries.
   • § 74604 The commission may establish an assessment rate to defray operating costs of the commission.
   • § 74605 The commission may establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the director prior to…
   • § 74606 The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter.
   • § 74607 The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for…
   • § 74608 The director may require that any contract in which the commission is a party be submitted to him or her for concurrence prior to the commission entering into…
5. ARTICLE 5. Implementation and Voting Procedures §§ 74621–74629 · 10 sections

   • § 74621 This chapter, except as necessary to conduct an implementation referendum, shall not become operative until the director finds, in a referendum conducted by…
   • § 74622 (a) Not later than April 1, 1987, the director shall establish a list of vintners who are eligible to vote on the implementation of this chapter. Eligibility…
   • § 74622.5 For the purpose of voting in the referendum required in Section 74621, only a person who would be required to pay the assessment pursuant to Section 74652.5…
   • § 74623 In determining whether this chapter shall become operative, the director shall find that at least 40 percent of the total number of vintners from the list…
   • § 74624 The director 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…
   • § 74625 Nonreceipt of a ballot shall not invalidate a referendum.
   • § 74626 If the director finds that a favorable vote has not been given as provided in this chapter, he or she shall certify and declare this chapter inoperative. If…
   • § 74627 Upon certification of the commission, the vintner members and their alternate members who are then serving on the California Wine and Winegrape Improvement…
   • § 74628 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…
   • § 74629 (a) Prior to the implementation referendum conducted by the director, the proponents of the commission shall deposit with the director the amount that the…
6. ARTICLE 6. Assessments and Records §§ 74651–74661 · 13 sections

   • § 74651 (a) Prior to the beginning of each marketing season or as soon thereafter as possible, the commission shall establish an assessment rate for the marketing…
   • § 74651.5 Prior to the beginning of each marketing season, the commission may establish a voluntary minimum assessment rate applicable to vintners who process winegrapes…
   • § 74652 Any vintner who is also a producer who processes winegrapes shall pay the assessment on the winegrapes. The “weighted average producer returns per ton” by…
   • § 74652.5 Unless otherwise exempted by this chapter, the assessment provided for in this article shall be levied on vintners and vintners who are also producers who…
   • § 74653 This chapter does not apply to winegrapes processed only for a vintner’s home use. However, any vintner claiming this exemption shall file an affidavit with…
   • § 74654 Every vintner shall keep a complete and accurate record of all winegrapes processed. The records shall be in simple form and contain information as the…
   • § 74655 All proprietary information obtained by the commission or the director from producers or vintners, and all lists of vintners in the possession of the…
   • § 74656 Any assessment levied by the commission, pursuant to this chapter, is a personal debt of every person so assessed and is due and payable in a time and manner…
   • § 74657 Any person who fails to file a return, or remit or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10…
   • § 74658 (a) Any vintner who processes winegrapes into must, grape juice, or grape concentrate for the manufacture of nonalcoholic beverages other than nonalcoholic…
   • § 74659 Any vintner receiving an exemption or refund pursuant to Section 74658, shall, in addition to the requirements of Section 74654, maintain sales invoices and…
   • § 74660 No refund pursuant to Section 74658 shall be approved by the commission after two years from the date the assessment was due. Failure to file a claim within…
   • § 74661 Within 30 days, after disallowing any claim in whole or in part, the commission shall serve written notice of its action on the claimant.
7. ARTICLE 7. Actions and Penalties §§ 74671–74674 · 4 sections

   • § 74671 It is unlawful for any person to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by the commission. (b)…
   • § 74672 The commission shall establish procedures for the purpose of according individuals aggrieved by its acts or determinations an informal hearing. Appeals from…
   • § 74673 (a) The commission may commence civil action and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and the…
   • § 74674 Suspension or termination of this chapter in accordance with Article 8 (commencing with Section 74691) shall not result in any of the following: (a) Affecting,…
8. ARTICLE 8. Continuation or Suspension and Termination §§ 74691–74696 · 6 sections

   • § 74691 (a) On or before June 30, 1990, the commission shall cause a referendum to be conducted among vintners in the manner specified in Section 74622 to determine…
   • § 74692 Following a favorable referendum conducted prior to June 30, 1990, a referendum shall be conducted by the commission every fifth year thereafter unless a…
   • § 74693 (a) Upon a finding by a two-thirds vote of the commission that this chapter has not tended to effectuate its declared purposes, the commission may recommend to…
   • § 74694 (a) The director shall terminate the commission at the end of the current marketing season if the director finds that termination is requested in writing,…
   • § 74695 After the effective date of suspension of this chapter, the operations of the commission shall be concluded and any and all funds remaining held by the…
   • § 74696 Upon suspension of this chapter, the commission shall mail a copy of the notice of suspension to all vintners affected by the suspension whose names and…