CHAPTER 28. California Apiary Research Commission

Chapter 28 added by Stats. 2010, Ch. 585, Sec. 1.

§§ 79601–79705 · 84 sections

1. ARTICLE 1. Declaration and General Provisions §§ 79601–79606 · 6 sections

   • § 79601 The California beekeeping industry provides critical pollination services to growers of over 90 California agricultural crops that constitute one-third of our…
   • § 79602 The establishment of the commission is necessary for the efficient creation and management of a research program to protect the health of honeybees, an…
   • § 79603 The provision of pollination services, production of honey, bees, queen bees, and other hive products in this state is hereby declared to be affected with a…
   • § 79604 The commission form of administration created by this chapter is designed to provide those engaged in beekeeping the opportunity to avail themselves of the…
   • § 79605 No action taken by the commission or by any individual commission member, that is in accordance with this chapter or with regulations adopted under this…
   • § 79606 This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held to be invalid,…
2. ARTICLE 2. Definitions §§ 79611–79629 · 19 sections

   • § 79611 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 79612 “Apiary” means the physical location where beekeepers place one or more colonies of honeybees. As an adjective, “apiary” means pertaining to any aspect of…
   • § 79613 “Beekeeper” means a person who keeps bees.
   • § 79614 “Bees” means honey-producing insects of the genus Apis. It includes all life stages of these insects. For purposes of this chapter, bees and honeybees are…
   • § 79615 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
   • § 79616 “Colony” means the queen, the adult worker and drone bees, and the brood (eggs, larvae, and pupae) living together in a single society.
   • § 79617 “Commission” means the California Apiary Research Commission.
   • § 79618 “Department” means the Department of Food and Agriculture.
   • § 79619 “Districts” consist of the following: (a) District 1 consists of the California Counties of El Dorado, Marin, Napa, Sacramento, Solano, Sonoma, and all…
   • § 79620 “Ex officio members” are nonvoting members of the commission.
   • § 79621 “Hive” means the structure containing a honeybee colony.
   • § 79622 “Hive products” means materials collected or generated by honeybees, other than bees and honey, including, but not limited to, beeswax, pollen, royal jelly,…
   • § 79623 “Fiscal year” means the period beginning January 1 of any year and extending through the last day of December of that same year.
   • § 79624 “Out-of-state beekeeper” means a producer whose principal residence is in an area outside of California.
   • § 79625 “Pest” means American foulbrood or any other disease, parasite, virus or fungus, predator, or hereditary disorder that is detrimental to honeybees.
   • § 79626 “Pollination unit” means a colony of adequate strength to meet the criteria delineated in a pollination contract for use in commercial crop pollination.
   • § 79627 “Principal residence” means where the producer pays his or her state and local income tax.
   • § 79628 “Producer” means an individual beekeeper or business who owns or operates, or owns and operates, more than 50 colonies in California, with the intent to earn…
   • § 79629 “Secretary” means the Secretary of Food and Agriculture.
3. ARTICLE 3. The California Apiary Research Commission §§ 79631–79646 · 17 sections

   • § 79631 (a) There is in the state government the California Apiary Research Commission. The commission shall be composed of six assessment-paying producers and one…
   • § 79632 (a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary to be in violation of…
   • § 79633 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…
   • § 79634 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities under this…
   • § 79635 Each producer member of the commission shall have an alternate member appointed or elected in the same manner as the member. An alternate member, in the…
   • § 79635.5 The public member shall have an alternate member appointed in the same manner as the public member. The alternate public member, in the absence of the public…
   • § 79636 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…
   • § 79637 A producer member, or his or her alternate, shall be an assessment-paying beekeeper who has a financial interest in producing, or causing to be produced,…
   • § 79638 The public member, or his or her alternate, shall have all the powers, rights, and privileges of any other member on the commission. The public member shall…
   • § 79639 The term of office of all members and alternates, except any ex officio member, shall be three years from the date of their election, but they may serve until…
   • § 79640 The commission may sue and be sued and enter into contracts. Copies of its proceedings, records, and acts, when authenticated, shall be admissible in evidence…
   • § 79641 A quorum of the commission is a majority of the producer members. Except as otherwise provided in this chapter, the vote of a majority of members present at a…
   • § 79642 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.…
   • § 79643 No member of the commission or of any committee established by the commission, which may include nonmembers of the commission, shall receive a salary. Except…
   • § 79644 If the secretary 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…
   • § 79645 All moneys received by any person from assessments levied under the authority of this chapter or otherwise received by the commission shall be deposited in…
   • § 79646 The state shall not be liable for the acts of the commission or its contracts. Payment of all claims arising by reason of the administration of this chapter or…
4. ARTICLE 4. Powers and Duties of the Commission §§ 79651–79668 · 18 sections

   • § 79651 The powers and duties of the commission include, but are not limited to, all of those contained in this article.
   • § 79652 The commission may adopt, amend, and repeal bylaws, rules, regulations, orders, and operating procedures necessary to carry out this chapter, including…
   • § 79653 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…
   • § 79654 The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers…
   • § 79655 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,…
   • § 79656 The commission may fix the compensation for all employees of the commission.
   • § 79657 The commission may appoint committees composed of both board members and nonmembers of the commission to advise the commission in carrying out this chapter.
   • § 79658 The commission may establish offices and incur expenses, enter into any and all contracts and agreements, including contracting in its name to receive or…
   • § 79659 The commission shall keep accurate books, records, and accounts of all its dealings, which shall be subject to an annual audit by an auditing firm selected by…
   • § 79660 The commission may educate and instruct beekeepers, the general public, and government on all matters concerning the health and welfare of honeybees and the…
   • § 79661 The commission may conduct market surveys and analyses, and present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect…
   • § 79662 The commission may conduct, and contract with others to conduct, research, including the study, analysis, accumulation, and dissemination of information…
   • § 79663 The commission may accept contributions or matching private, state, or federal funds, and employ or make contributions of funds to other persons or state or…
   • § 79664 The commission may publish and distribute, without charge, bulletins or other communications for the dissemination of information to beekeepers.
   • § 79665 The commission shall establish an assessment rate to defray the operating costs of the commission.
   • § 79666 The commission shall adopt an annual budget according to generally accepted accounting practices. The secretary shall concur in the adoption of the budget…
   • § 79667 The commission shall submit to the secretary, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter.
   • § 79668 The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for…
5. ARTICLE 5. Implementation and Voting Procedures §§ 79671–79678 · 8 sections

   • § 79671 (a) Within 30 days after the effective date of this chapter, the secretary shall issue a public notice that the department is preparing a list of beekeepers…
   • § 79672 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds that at least 30 percent…
   • § 79673 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…
   • § 79674 Nonreceipt of a ballot shall not invalidate a referendum.
   • § 79675 If the secretary finds that a favorable vote has been given as provided in Section 79672, he or she shall so certify and give notice of the vote to all…
   • § 79676 If the secretary finds that a favorable vote has not been given as provided in this article, he or she shall so certify and declare this chapter inoperative.…
   • § 79677 (a) Upon certification of the commission, the secretary shall contact all producers in a manner determined by the secretary for the purpose of nominating and…
   • § 79678 Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary an amount…
6. ARTICLE 6. Assessments and Records §§ 79681–79685 · 5 sections

   • § 79681 (a) The commission shall, not later than January 1 of each year, or as soon thereafter as possible, establish the assessment to be paid by the producers of 50…
   • § 79682 All proprietary information obtained by the commission or the secretary from any source, including the names and addresses of producers, shall be confidential…
   • § 79683 Every producer, including beekeepers exempt from the payment of assessments, shall keep a complete and accurate record of their total number of colonies used…
   • § 79684 Any assessment that is levied as provided in this chapter is a personal debt of every producer so assessed.
   • § 79685 (a) Any person who fails to pay any assessment within 30 days of the due date shall pay, in addition to his or her assessment fee, a penalty of 10 percent of…
7. ARTICLE 7. Actions and Penalties §§ 79691–79696 · 6 sections

   • § 79691 A civil penalty not exceeding one thousand dollars ($1,000) may be levied by the commission upon a person who willfully does any of the following: (a) Renders…
   • § 79692 The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the…
   • § 79693 (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…
   • § 79694 Any action by the commission for any penalty or other remedy that is prescribed under this chapter shall be commenced within two years from the date of…
   • § 79695 The commission is not required to allege or prove that an adequate remedy at law does not exist in any action brought under this chapter.
   • § 79696 The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that may thereafter arise in connection…
8. ARTICLE 8. Continuation or Suspension and Termination §§ 79701–79705 · 5 sections

   • § 79701 (a) In the fifth year of operation of this chapter and every fifth year thereafter, between January 1 and December 31, the secretary shall hold a public…
   • § 79702 Following a hearing, and favorable referendum if required, the process specified in Section 79701 shall be conducted by the secretary every fifth year…
   • § 79703 (a) 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…
   • § 79704 After the effective date of suspension of this chapter and of the commission, the operations of the commission shall be concluded and all moneys held by the…
   • § 79705 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…