Title FAC, California Food & Agric. Code

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

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 invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid p…

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 particular agricultural industry, and that this representation and furtherance is intended to serve the public interest. According…

A commission form of administration created by this chapter is designed to deal with the broad fields of market development, marketing research, and production and processing research. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

“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. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

“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 residue thereof, distilled at not over 170 degrees proof. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

“Commission” means the California Wine Commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

“Director” means the Director of Food and Agriculture. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

“Eligible volume” means the total tonnage of winegrapes processed in the preceding marketing season by vintners subject to this chapter. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

“Grape concentrate” or “concentrate” means unfermented grape juice from which the major portion of the original water content has been removed. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

“Grape juice” or “juice” means unfermented crushed grapes without solids containing the major portion of the original water content. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

“Producer” and “grower” are synonymous and mean any person who produced winegrapes in the preceding marketing season. Producer also includes any person who receives winegrapes as payment for the use of his or her property in the production of winegrapes. (Added by Stats. 1986, Ch…

“Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

“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 thereof. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

“Market” means to sell, barter, trade, purchase, acquire, or otherwise distribute wine or wine-related products. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

“Market development” includes, but is not limited to, trade promotion, public information, dissemination of information on health and social issues and other matters, and activities for the prevention, modification, or removal of trade barriers which restrict the free flow of win…

“Market research” means any investigation, development, analysis, or implementation of information relating to the marketing of wine and wine-related products, including, but not limited to, trade practices, consumer trends, promotion, sales, and advertising. (Added by Stats. 198…

“Marketing season” or “fiscal year” means the period beginning July 1 of any year and extending through June 30 of the following years. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

“Must” means a mixture of unfermented crushed grapes, solid grape particles, and grape juice. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

“Processing research” means research relating to the processing of winegrapes, including, but not limited to, the development of new wine-related products and uses for these products. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

“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 Alcoholic Beverage Control pursuant to Chapter 3 (commencing with Section 23300) of Division 9 of the Business and Professi…

“Wine” means the product obtained by the fermentation of winegrapes or juice therefrom, with or without addition or abstracting, and includes any product made from winegrapes which is defined as a wine and permitted under Part III (commencing with Section 5381) of Subchapter F of…

“Winegrapes” means grapes produced in this state which are intended to be converted from their fresh form into grape juice, grape concentrate, wine, or products thereof, including, but not limited to, high proof and brandy produced from winegrapes. (Added by Stats. 1986, Ch. 1287…

“Wine-related products” include, but are not limited to, must, grape juice, grape concentrate, wine, high proof, and brandy produced from winegrapes. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

(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) Vintner members shall be elected by the industry at large and serve on the commission without reference to any county, district…

(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 these activities or fun…

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 written notice, as the case may be, in a court of competent jurisdiction which may issue a temporary restraining order, perman…

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 from notification of the decision. The response may be a request that additional information be provided. (Added by Stats…

The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities pursuant to this chapter. However, the court may, if it finds that the director acted arbitrarily or capriciously in restricting the ac…

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 member shall, in the absence of the member of whom he or she is an alternate, serve in place of the member on the commission a…

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 winegrapes for market. The qualifications of vintner members and alternate members shall be maintained during the entire term of…

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 shall not have any financial interest in the wine or winegrape industry. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

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 first members of the commission, one-half of the vintner members and their alternate members shall serve for one year; and on…

No less than 10 vintner members, including alternate members when acting in place of the members, shall constitute a quorum of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

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 constitute the act of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

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, and to have and possess all of the powers of a corporation. It may adopt a corporate seal. Copies of its proceedings, recor…

The director or his or her representatives shall be notified and may attend meetings of the commission and any committee meetings of the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

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 the commission, except ex officio government members, and each member of a committee established by the commission who is…

All funds received from the assessments levied pursuant to this chapter or otherwise received by the commission shall be deposited in banks which the commission may designate and shall be disbursed by order of the commission through an agent or agents as it may designate. The age…

(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 acts of the commission are limited to the assets of the commission. (b) No member, alternate member, or any employee or a…

The powers and duties of the commission shall include, but are not limited to, all of those contained in this article. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, operating procedures, and orders for carrying out this chapter, including appeals from any bylaws, rules, regulations, operating procedures, or or…

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 reasonably necessary for, proper or advisable effectuation of this chapter, including, but not limited to, entering into cont…

The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers it deems necessary. The officers shall have the powers and duties delegated to them by the commission. (Added by Stats. 1986, Ch. 1287, Sec. 3.)

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 out this chapter. If the person engages in any conduct which the director determines is not in the public interest or which…