CHAPTER 13.5. California Apple Commission
Chapter 13.5 added by Stats. 1990, Ch. 1076, Sec. 2.
§§ 75501–75656 · 91 sections
ARTICLE 1. Declarations and General Provisions §§ 75501–75507 · 7 sections
- § 75501 The production and marketing of apples constitute an important industry of this state which provides substantial and necessary revenues for the state and…
- § 75502 The maintenance of the apple industry of California is necessary to assure the public of a continuous supply of this vital food product and the maintenance of…
- § 75503 The production and marketing of apples produced in this state are hereby declared to be affected with a public interest. This chapter is enacted in the…
- § 75504 No action taken by the commission or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a violation of…
- § 75505 This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the…
- § 75506 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…
- § 75507 A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and…
ARTICLE 2. Definitions §§ 75511–75526 · 17 sections
- § 75511 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 75511.5 “Apple” means any variety of apple that is grown in this state and marketed for fresh consumption.
- § 75512 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
- § 75513 “Commission” means the California Apple Commission.
- § 75514 (a) “Districts” shall consist of the following: (1) District 1 shall consist of the Counties of Imperial, Kern, San Bernardino, San Diego, San Luis Obispo,…
- § 75515 “Ex officio member” means a nonvoting member of the commission.
- § 75516 “Handler” means any person engaged in packing apples for fresh consumption or engaged in marketing apples for fresh consumption that the person has produced or…
- § 75518 “Market” or “marketing” means to sell apples.
- § 75519 “Marketing research” means any research relating to the sale of apples.
- § 75520 “Marketing year” means the period beginning July 1 of each year and extending through June 30 of the following year.
- § 75520.5 “Member” means a person who serves on the commission’s board of directors.
- § 75521 “Pack,” “packing,” or “packed” means the regular compact arrangement of all or part of the fruit in any container or subcontainer.
- § 75522 “Person” means any individual, firm, corporation, association, or other entity doing business in California.
- § 75523 “Producer” means any person who is engaged in the business of producing, or causing to be produced, apples for market, and who, upon request of the commission,…
- § 75524 “Production research” means any research related to pest control and to the production, harvest, and postharvest handling of apples, other than marketing…
- § 75525 “Sale” means the point at which the producer transfers title of apples in exchange for financial compensation or other valuable consideration. A sale may occur…
- § 75526 “Secretary” means the Secretary of Food and Agriculture.
ARTICLE 3. The California Apple Commission §§ 75531–75546 · 15 sections
- § 75531 (a) There is in the state government the California Apple Commission. (b) Pursuant to Section 75514, when there are two or more districts, the commission shall…
- § 75532 (a) The secretary may require the commission to correct or cease any activity or function of the commission that is determined by the secretary not to be in…
- § 75533 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…
- § 75534 If the secretary is required to concur in a decision of the commission, the secretary shall concur, refuse to concur, or request additional information from…
- § 75535 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to…
- § 75536 (a) Alternate members shall be selected pursuant to procedures adopted by the commission. (b) Any alternate member may serve in place of any absent member on…
- § 75537 Any vacancy on the commission occurring by the failure of any person elected to or serving on the commission as a member or alternate member to continue in his…
- § 75538 (a) Any producer member shall be a producer or an employee representing a producer who has a financial interest in producing, or causing to be produced, apples…
- § 75539 The term of office of each member, except ex officio members, is four years, commencing with the beginning of the marketing year following the member’s…
- § 75541 The commission may sue and be sued, enter into contracts, and adopt a seal. Copies of its proceedings, records, and acts, when authenticated, shall be prima…
- § 75542 A quorum of the commission is a majority of the voting members. Except as otherwise provided in this chapter, the vote of a majority of the members present at…
- § 75543 The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission.…
- § 75544 No member or alternate member of the commission, or member of a committee established by the commission who is a nonmember of the commission, shall receive any…
- § 75545 All funds received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission shall be deposited in…
- § 75546 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…
ARTICLE 4. Powers and Duties of the Commission §§ 75581–75603 · 23 sections
- § 75581 The powers and duties of the commission shall include, but are not limited to, all of those specified in this article.
- § 75582 The commission may adopt, amend, and repeal regulations and operating procedures necessary to carry out this chapter, including regulations governing appeals…
- § 75583 The commission may administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably…
- § 75584 The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers…
- § 75585 The commission may employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other personnel,…
- § 75586 The commission may fix the compensation for all employees of the commission.
- § 75587 The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
- § 75588 The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, borrow funds in advance of…
- § 75589 The commission shall keep accurate books, records, and accounts of all its dealings that shall be subject to an annual audit by an auditing firm selected by…
- § 75590 The commission may present facts to, and negotitate with, state, federal, and foreign agencies on matters which affect this chapter.
- § 75591 The commission may make, in its name, contracts to receive or render services in formulating and conducting plans and programs and any other contracts or…
- § 75592 The commission may conduct, and contract with others to conduct, production research, including the study, analysis, accumulation, and dissemination of…
- § 75593 The commission may accept contributions of private, state, or federal funds, and make contributions of funds to other persons or state or federal agencies, for…
- § 75594 The commission may promote the sale of apples by advertising and other promotional means, including cost sharing advertising, for the purpose of maintaining…
- § 75595 The commission may collect information, and publish and distribute without charge, bulletins and other communications for dissemination of information.
- § 75595.5 The commission may establish an annual assessment rate to defray the operating costs of the commission.
- § 75596 The commission shall adopt an annual budget according to accepted practices. The secretary shall concur in the adoption of the budget prior to the encumbrance…
- § 75597 The commission shall annually prepare and submit to the secretary, for his or her concurrence, a statement of contemplated activities authorized pursuant to…
- § 75598 The commission and the secretary shall keep confidential and shall not disclose, except when required by court order in a judicial proceeding, all lists of…
- § 75599 The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for…
- § 75601 (a) The commission may recommend to the secretary the adoption of maturity and quality standards or product labeling standards, or engage in any other activity…
- § 75602 (a) In order to prevent unfair trade practices, which are detrimental to California’s apple industry, including, but not limited to, deception and…
- § 75603 (a) In order to prevent the use of prohibited substances in organic apple production and processing that would undermine consumer confidence in the apples…
ARTICLE 5. Implementation and Voting Procedures §§ 75611–75619 · 9 sections
- § 75611 (a) Within 90 days of the effective date of the amendments made to this section during the 1994 portion of the 1993–94 Regular Session of the Legislature, the…
- § 75612 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds, in a referendum vote…
- § 75613 The secretary shall establish a period to conduct the referendum that shall not be less than 10 days or more than 60 days in duration, and may prescribe…
- § 75614 The failure of an eligible producer to receive a ballot shall not invalidate a referendum.
- § 75615 If the secretary finds that a favorable vote has been given as provided in this article, the secretary shall certify and give notice of the favorable vote to…
- § 75616 If the secretary finds that a favorable vote has not been given as provided in this article, the secretary shall certify and declare this chapter inoperative.…
- § 75617 Upon certification of the commission, the secretary shall appoint the producer and handler members of the initial commission’s board of directors from a list…
- § 75618 Subsequent to the first election of members of the commission pursuant to this chapter, persons to be elected to the commission shall be selected pursuant to…
- § 75619 (a) Prior to the secretary holding the referendum pursuant to this article, the proponents of the commission shall deposit with the secretary the amount that…
ARTICLE 6. Assessments and Records §§ 75630–75637 · 8 sections
- § 75630 (a) The commission shall establish the assessment for the marketing year by July 1 of each year or as soon thereafter as is possible. (b) The assessment shall…
- § 75631 This chapter shall not apply to producers who produce no more than 40,000 pounds of apples per year and to production on a noncommercial basis for the…
- § 75632 Every handler shall keep a complete and accurate record of all apples handled. The records shall be in simple form and contain information as the commission…
- § 75633 (a) All proprietary information obtained by the commission or the secretary from producers or handlers is confidential and shall not be disclosed except when…
- § 75634 Any assessment which is imposed on the producer as provided for in this chapter is a personal debt of that producer.
- § 75635 Every handler is personally liable for the payment of the assessments to the commission. The failure of a handler to collect the assessment shall not exempt…
- § 75636 Any producer or handler who fails to file a return or pay the assessment within the time required by the commission shall pay to the commission a penalty of 10…
- § 75637 If the producer or handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any…
ARTICLE 7. Actions and Penalties §§ 75641–75644 · 6 sections
- § 75641 It is a misdemeanor for any person to do any of the following: (a) Refuse to render a report, statement, or record required by the commission. (b) Furnish a…
- § 75642 The commission shall adopt procedures to grant individuals aggrieved by its actions or determinations an informal hearing before the commission or before a…
- § 75643 (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 for…
- § 75643.1 Any action by the commission to recover any penalty or obtain any other remedy that is prescribed under this chapter shall be commenced within two years from…
- § 75643.2 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.
- § 75644 The suspension or termination of this chapter shall not affect or waive any right, duty, obligation, or liability which has arisen or which may thereafter…
ARTICLE 8. Continuation or Suspension and Termination §§ 75651–75656 · 6 sections
- § 75651 Every five years after the implementation of this chapter, or every fifth year after an industry-petitioned referendum pursuant to Section 75654, the secretary…
- § 75652 If the secretary finds after conducting a hearing that no substantial question exists regarding whether the operation of this chapter should be continued or…
- § 75653 (a) Upon a finding by a two-thirds vote of the membership of the commission that the operation of this chapter has not tended to effectuate its declared…
- § 75654 (a) The secretary shall terminate the commission at the end of the then current marketing year if the secretary finds that the termination of the commission is…
- § 75655 After the effective date of the suspension, the operation of the commission shall be concluded and any and all funds remaining, held by the commission, and not…
- § 75656 Upon suspension of this chapter, the commission shall mail a copy of the notice of suspension to all producers and handlers whose names and addresses are on…