CHAPTER 15. California Sheep Commission
Chapter 15 added by Stats. 1985, Ch. 1102, Sec. 1.
§§ 76201–76384 · 87 sections
ARTICLE 1. Declaration and General Provisions §§ 76201–76207 · 8 sections
- § 76201 The production, slaughtering, manufacturing and distributing of sheep and wool, and the products derived therefrom constitute an important industry of this…
- § 76202 The maintenance and expansion of the sheep industry of California and of its local, national, and foreign markets, is necessary to assure the consuming public…
- § 76203 It is necessary for human nutrition and public benefit that the public be made aware of accurate and scientific information relative to the beneficial…
- § 76204 The production and marketing of sheep, wool, and the products derived therefrom, produced in this state is hereby declared to be affected with a public…
- § 76205 No action taken by the commission, nor by any individual in accordance with this chapter or with the rules and regulations adopted under the chapter, is a…
- § 76205.5 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…
- § 76206 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…
- § 76207 A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, production…
ARTICLE 2. Definitions §§ 76221–76233 · 14 sections
- § 76221 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 76222 “Sheep” means, but is not limited to rams, ewes, wethers, and lambs.
- § 76223 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
- § 76224 “Commission” means the California Sheep Commission.
- § 76225 “Commissioner” means any member of the commission.
- § 76226 “Districts” shall consist of the following: (a) District 1 consists of the Counties of Del Norte, Humboldt, Mendocino, and Lake. (b) District 2 consists of the…
- § 76227 “Handler” means any person engaged in the marketing of wool which he or she has produced or purchased or acquired from a producer, or is marketing on behalf of…
- § 76227.5 “Market” means to sell, ship, distribute, or otherwise handle wool.
- § 76228 “Marketing research” means any research relating to the marketing of sheep, wool, and the products derived therefrom.
- § 76229 “Marketing year” or “fiscal year” means the period beginning April 1 of any year and ending March 31 of the following year.
- § 76230 “Producer” means any person in this state who raises, breeds, grows, or feeds sheep, and markets, or causes to be marketed, the wool derived therefrom and who,…
- § 76231 “Production research” means any research relating to the production of sheep, wool, and the products derived therefrom.
- § 76232 “Ex officio member” means a nonvoting member of the commission.
- § 76233 (a) “Wool” means the shorn fiber of live sheep in the grease basis, including offsort wool or offsorts in the natural state before cleaning or scouring. (b)…
ARTICLE 3. The California Sheep Commission §§ 76251–76265 · 16 sections
- § 76251 (a) There is in the state government the California Sheep Commission. The commission shall be composed of 13 sheep producers and one public member. Producers…
- § 76252 (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…
- § 76253 The commission or the director may bring an action for judicial relief from the director’s written notice, or from noncompliance by the commission with the…
- § 76254 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…
- § 76255 The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities pursuant to…
- § 76256 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…
- § 76257 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…
- § 76257.5 Any producer member or his or her alternate on the commission shall be an individual or an employee representing a producer who has a financial interest in…
- § 76258 The public member or his or her alternate on the commission, shall have all the powers, rights, and privileges of any other member on the commission. The…
- § 76259 The term of office of all members of the commission, except ex officio members, shall be two years from the date of their election and until their successors…
- § 76260 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,…
- § 76261 A quorum of the commission shall be eight voting members of the commission. Except as provided in Sections 76226 and 76382.5, the vote of a majority of members…
- § 76262 The director or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission.
- § 76263 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…
- § 76264 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…
- § 76265 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 §§ 76281–76298 · 21 sections
- § 76281 The powers and duties of the commission shall include, but are not limited to, all of those contained in this article.
- § 76282 The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, operating procedures, and…
- § 76283 The commission may administer and enforce this chapter and to do and perform all acts and exercise all powers incidental to, or in connection with, or deemed…
- § 76284 The commission may appoint its own officers, including a chairman, one or more vice chairmen, and such other officers as it deems necessary. The officers shall…
- § 76285 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,…
- § 76286 The commission may fix the compensation for all employees of the commission.
- § 76287 The commission may appoint committees composed of both members and nonmembers of the commission including, but not limited to, a committee of handlers, to…
- § 76288 The commission may establish offices, incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of…
- § 76289 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…
- § 76290 The commission may promote the sale of lamb, wool, and the products derived therefrom by advertising and other promotional means, including cost-sharing…
- § 76291 The commission may educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling wool.
- § 76291.3 The commission may make market surveys and analyses.
- § 76291.5 The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters which affect this chapter.
- § 76292 The commission may make, in its name, contracts to render service in formulating and conducting plans and programs and any other contracts or agreements that…
- § 76293 The commission may conduct, and contract with others to conduct, research, including the study, analysis, dissemination, and accumulation of information…
- § 76293.5 The commission may accept contributions of, or match private, state, or federal funds, and employ or make contributions of funds to other persons or state or…
- § 76294 The commission may collect information, including, but not limited to, industry statistics, and may publish and distribute, without charge, a bulletin or other…
- § 76295 The commission may establish an assessment rate to defray operating costs of the commission.
- § 76296 The commission may establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the director prior to…
- § 76297 The commission may submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter.
- § 76298 The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for…
ARTICLE 5. Implementation and Voting Procedures §§ 76311–76320 · 10 sections
- § 76311 (a) Not later than April 1, 1999, or as soon thereafter as possible, the secretary shall establish a list of producers eligible to vote on implementation of…
- § 76312 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the director finds in a referendum vote…
- § 76313 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…
- § 76314 Nonreceipt of a ballot shall not invalidate a referendum.
- § 76315 If the director finds that a favorable vote has been given as provided in Section 76312, he or she shall certify and give notice of the favorable vote to all…
- § 76316 If the director finds that a favorable vote has not been given as provided in Section 76312, he or she shall certify and declare all provisions of this chapter…
- § 76317 Upon certification of the commission, the director shall contact all producers in each district by mail, or call meetings of producers in each district for the…
- § 76318 To be eligible for election to the commission, producer nominees must present to the director a nomination petition with the signatures of at least 10 eligible…
- § 76319 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…
- § 76320 (a) Prior to the referendum vote conducted by the director pursuant to Section 76312, the proponents of the commission shall deposit with the director the…
ARTICLE 6. Assessments and Records §§ 76341–76347 · 9 sections
- § 76341 (a) The commission shall, not later than March 31 of each year, or as soon thereafter as possible, establish the assessment for the following marketing year.…
- § 76341.5 This chapter does not apply to the wool produced only for the producer’s home use. However, the producer shall file an affidavit with the commission…
- § 76341.7 This article applies to wool that was removed from sheep after December 31, 1998.
- § 76342 Every handler shall keep a complete and accurate record of all wool handled with the name of the producer whose wool was handled. When the wool handled was…
- § 76343 All proprietary information obtained by the commission or the director from producers or handlers or any other source, and all lists of producers in the…
- § 76344 Every handler shall be personally liable for the payment of collected assessments and failure of a handler to collect the assessment from a producer shall not…
- § 76345 Any assessment which is levied as provided for in this chapter is a personal debt of every producer so assessed. Failure of a handler to collect the assessment…
- § 76346 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…
- § 76347 When the handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability…
ARTICLE 7. Actions and Penalties §§ 76361–76363 · 3 sections
- § 76361 It is unlawful for any person to do any of the following: (a) Fail or refuse to render or furnish a report, statement, or record required by the commission.…
- § 76362 The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the…
- § 76363 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…
ARTICLE 8. Continuation or Suspension and Termination §§ 76381–76384 · 6 sections
- § 76381 (a) Every five years, commencing with the 2004–05 marketing year, the secretary shall hold a hearing to determine whether the operation of this chapter shall…
- § 76382 If a petition is filed as provided in Section 76382.5, the secretary shall hold a hearing pursuant to Section 76381 prior to conducting the referendum…
- § 76382.5 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…
- § 76382.6 The secretary shall terminate the commission at the end of the current marketing year if the secretary finds that the termination of the commission is…
- § 76383 After the effective date of suspension of the operation of this chapter, the operation of the commission shall be concluded and any and all funds remaining…
- § 76384 Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all producers affected by the suspension…