Title FAC, California Food & Agric. Code

“Spent figs” means caprifigs from which all the female Blastophaga insects have issued. (Enacted by Stats. 1967, Ch. 15.)

The navel orange industry in this state constitutes one of California’s principal tree fruit crops, and thus provides an important source of employment for many people in the state. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

Opportunity exists for continued growth and expansion of the industry by creating new markets in this country and abroad. The success of an expansion program is uniquely dependent upon effective advertising and promotion, since the creation of new markets and increased per capita…

The creation of a California Navel Orange Commission is necessary for the efficient development and management of an advertising and promotion program and essential to ensure that the California navel orange industry can compete successfully in the world marketplace. (Added by St…

The production and marketing of navel oranges produced in this state is hereby declared to be affected with a public interest. This chapter is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and general welfare of…

A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, and marketing research. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

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 violation of the so-called Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business …

The commissioner shall enforce this chapter. (Enacted by Stats. 1967, Ch. 15.)

The commissioner may enter any place where caprifigs are produced, packed, stored, shipped, delivered for shipment, or sold, and inspect them. He may seize and hold for evidence any caprifigs which are packed, shipped, delivered for shipment, or sold in violation of any provision…

The board of supervisors of any county may receive and accept on behalf of the county, any contribution or donation of money from a person or from any agency of this state or of the United States for the purpose of enforcing this chapter. Any money which is so received shall be c…

It is unlawful for any person to willfully or otherwise interfere with the enforcement of any provision of this chapter. (Enacted by Stats. 1967, Ch. 15.)

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

“Navel orange” means those oranges belonging to the genus Citrus, species sinensis (Linnaeus) Osbeck, and characterized by being seedless and having a navel at the apex, commonly known as navels and marketed for fresh consumption. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective…

“Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this chapter. (Amended by Stats. 2006, Ch. 538, Sec. 209. Effective January 1, 2007.)

“Carton” means a container holding approximately 40 pounds, or the equivalent thereof, of navel oranges marketed for fresh consumption. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

“Commission” means the California Navel Orange Commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

“Commissioner” means any member of the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

“Consumer communications” means, as defined by the commission, all manner of advertising and other communications which are directed towards the general consuming public. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

“Cooperative handler” means a handler organized under this code and the Capper-Volstead Act (Chapter 12 (commencing with Section 291) of Title 7 of the United States Code) who markets fruit for producer members. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

“Cooperative producer” means a producer who markets his or her fruit through a cooperative handler. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

“Director” means the Director of Food and Agriculture. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

“Districts” mean the following: (a) District A consists of the Counties of Fresno, Madera, Butte, Colusa, Glenn, Merced, Placer, Shasta, Solano, Sonoma, Stanislaus, Sutter, Tehama, Yolo, Yuba, and all other counties not included in Districts B, C, D, E, and F. (b) District B cons…

“Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

“Handle” means to engage in the business of a handler. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

“Handler” means any person who engages in the operation of selling or marketing navel oranges for fresh consumption which he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or…

“Independent handler” means a handler, other than a cooperative handler, who markets fruit for independent producers. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

“Independent producer” means a producer who markets his or her fruit primarily through an independent handler. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

“Market” or “marketing” means to sell or otherwise distribute navel oranges into commercial channels of trade for fresh consumption in a manner resulting in the sale of the navel oranges. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

“Marketing research” means any research relating to the sale of navel oranges. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

“Marketing season” or “fiscal year” means the period beginning October 1 of any year and extending through September 30 of the following year. However, the 1983–84 marketing season shall commence within 15 days after the election of the first commission members as provided in Art…

“Producer” or “grower” means any person who is engaged within this state in the business of producing, or causing to be produced, navel oranges for market. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

Caprifigs, unless properly treated, contribute to, and are responsible for, the transmission of endosepsis and other plant diseases by the blastophaga which the figs contain. (Enacted by Stats. 1967, Ch. 15.)

Every person who owns, raises, uses, packs, ships, or delivers for shipment or sells any caprifigs of the mamme crop for use within the county, shall treat such figs by a method which is approved by the commissioner for the prevention or elimination of endosepsis or the transmiss…

If any caprifigs of the mamme crop are to be shipped or used outside the county, the person that owns, raises, uses, packs, ships or delivers them for shipment shall notify the commissioner of the county within which the figs are to be used of all of the following: (a) The shipme…

After the notice, the commissioner shall require the consignee to properly treat the figs for the prevention or elimination of endosepsis before using them. (Enacted by Stats. 1967, Ch. 15.)

It is unlawful for any person to violate Section 6152, 6153, or 6154. (Enacted by Stats. 1967, Ch. 15.)

It is unlawful for any person to pack, ship, deliver for shipment, or sell in any container any caprifigs of the profichi crop which violate any of the following: (a) Do not contain matured pollen. (b) Do not contain living Blastophaga insect in the adult stage. (c) Contain more …

It is unlawful for any person to pack, ship, deliver for shipment or sell in any container any caprifigs of the mamme crop, which contain more than 25 percent of spent figs, or more than 10 percent of blanks. (Enacted by Stats. 1967, Ch. 15.)

There is in the state government the California Navel Orange Commission. The commission shall be composed of 12 producers who are not handlers, four handlers, and one public member. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

Six producers, one from each district shall be nominated and elected by and from independent producers. Six producers, one from each district shall be nominated and elected by and from cooperative producers. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

Except as provided in Section 73104, two cooperative handler members shall be nominated and elected by and from cooperative handlers. Two independent handler members shall be nominated and elected by and from independent handlers. No handler may be represented on the commission b…

If a handler markets 50 percent or more of the volume of the navel oranges in the preceding marketing season, as annually determined by the director, the handler is entitled to nominate and elect two handler members. All other handlers subject to this chapter shall nominate and e…

The public member shall be appointed to the commission by the director from the nominees recommended by the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effective July 28, 1983.)

The director, citrus grower trade organizations primarily involved in issues affecting the orange industry, and other appropriate individuals and organizations, as determined by the commission, are ex officio members of the commission. (Added by Stats. 1983, Ch. 494, Sec. 1. Effe…

(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 interest or which is in violation of this chapter. (b) If the commission refuses or fails to cease the activities or funct…