Title FAC, California Food & Agric. Code

“Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1983, Ch. 531, Sec. 1.)

“Handle” means to engage in the business of a handler. (Added by Stats. 1983, Ch. 531, Sec. 1.)

(a) “Handler” means the first person who sorts, grades, candles, or packages eggs, or who processes eggs into egg products, or who markets eggs or egg products in California that he or she has produced, purchased, or acquired from another person, or that he or she is marketing on…

“Out-of-state handler” means any person located in another state who handles eggs or egg products, as specified in Section 75030, in California. (Amended by Stats. 1997, Ch. 121, Sec. 4. Effective January 1, 1998.)

“Market” or “marketing” means to sell or otherwise cause to be distributed eggs or egg products into commercial channels of trade resulting in the sale of eggs or egg products in California. (Amended by Stats. 1993, Ch. 454, Sec. 6. Effective January 1, 1994.)

“Marketing research” means any research relating to the sale of eggs or egg products. (Added by Stats. 1983, Ch. 531, Sec. 1.)

“Marketing season” or “fiscal year” means the period beginning January 1 of each year and extending through December 31 of the same year. However, the 1984–85 marketing season shall commence within 30 days after the election of the first commission members as provided in Article …

“Person” means an individual, sole proprietorship, partnership, corporation, cooperative, limited liability company, firm, or other business entity. (Added by Stats. 2001, Ch. 384, Sec. 2. Effective January 1, 2002.)

“Producer” means any person who is engaged in the business of producing, or causing to be produced, eggs or egg products for market. (Amended by Stats. 1994, Ch. 1093, Sec. 5. Effective January 1, 1995.)

“Secondary handler” means any person who purchases from a handler, eggs or egg products that were previously subject to assessment under this chapter. (Amended by Stats. 1993, Ch. 454, Sec. 7. Effective January 1, 1994.)

(a) The lien created pursuant to this chapter shall have the priority in accordance with the time the notice of claim of lien is filed. (b) The lien created pursuant to this chapter shall have the same priority as a security interest perfected by the filing of a financing stateme…

Upon the adoption of the order of organization, the board of supervisors shall immediately appoint a board of directors of five members to administer the affairs of the district. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)

In order to be eligible to be a director of the district, a person shall be a citizen of the United States and of this state, and an owner of lands included in the district that are devoted, in whole or in part, to the growing of winegrapes. The district board members shall repre…

Upon his or her appointment, each director shall, in the manner provided by law, subscribe the oath of office and file the oath with the county clerk. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)

(a) From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification of its first board of directors, the organization of the district is complete. The district shall operate for a period of five…

(a) Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairperson, vice chairperson and secretary from among their own number. (b) The chairperson shall call and preside at all meetings of the district board, si…

The members of the district board shall serve for terms of one year, or for a longer term as determined by the board of supervisors, and until the appointment and qualification of their successors. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)

Upon the expiration of the term of any member of the district board, the board of supervisors shall appoint the successor. Vacancies shall be filled by the board of supervisors for the unexpired term. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)

The members of the district board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when claims for those expenses have been approved by the district board. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective Octob…

There is in the state government the California Egg Commission. The commission shall be composed of eight handler members and one public member. Of the handler members, four shall be elected by and from handlers from District 1, three shall be elected by and from handlers from Di…

The public member shall be appointed to the commission by the director from the nominees recommended by the commission. (Added by Stats. 1983, Ch. 531, Sec. 1.)

The director, and other appropriate individuals and organizations, as determined by the commission, are ex officio members of the commission. (Added by Stats. 1983, Ch. 531, Sec. 1.)

(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…

(a) Actions of the commission in violation of a written notice have no legal force or effect. The director, to the extent feasible, shall issue the written notice prior to the commission entering into any contractual relationship affecting the existing or proposed activities or f…

The commission may bring an action for judicial relief from the director’s written notice, and the director may bring an action for judicial relief from noncompliance by the commission with the written notice, in a court of competent jurisdiction, which may issue a temporary rest…

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

(a) Three alternate handler members, one from each district and one who pays assessments exclusively on eggs or egg products produced outside of California, shall be elected in the same manner as the handler members. (b) Under procedures established by the commission, any alterna…

(a) Any vacancy on the commission occurring for any reason, including the failure of any elected member or elected alternate member to continue in his or her position due to a change in status making him or her ineligible to serve, or due to death, removal, resignation, or disqua…

(a) Any handler member or his or her alternate shall be an individual, partner, or employee of a handler who has a financial interest in handling eggs or egg products for market. Not more than two handler members on the commission and not more than one handler member in any distr…

The public member or his or her alternate has all the powers, rights, responsibilities, and privileges of any other member on the commission. The public member shall not have any financial interest in the egg industry during the entire term of office. (Added by Stats. 1983, Ch. 5…

(a) Except as provided in subdivision (b), the term of office of the elected commissioners is three years from the date of their election and until their successors are qualified and elected. (b) With respect to the first elected members of the commission, two of the handlers fro…

The public member shall serve a term of three years and shall remain on the commission after the expiration of three years until his or her successor is qualified and appointed. (Added by Stats. 1983, Ch. 531, Sec. 1.)

(a) The commission shall be and is hereby declared and created as a corporate body. (b) It may sue and be sued, may contract and be contracted with, and has all of the powers of a corporation. It may adopt a corporate seal. (c) Copies of its proceedings, records, and acts, when a…

A quorum of the commission is five voting commissioners. Except as otherwise provided in this chapter, the commission may act by a vote of a majority of the members present at a meeting at which there is a quorum. (Added by Stats. 1983, Ch. 531, Sec. 1.)

The director or his or her representatives shall be notified of, and may attend, each meeting of the commission and any committee meeting of the commission. However, the director or his or her representative or any other ex officio member is not entitled to attend an executive se…

When a decision of the commission requires the concurrence of the director, he or she shall indicate his or her response, in writing, to the commission within 15 working days from notification of the decision. (Added by Stats. 1983, Ch. 531, Sec. 1.)

(a) No commissioner, including alternates, or a member of a committee established by the commission who is a nonmember of the commission, shall receive a salary. (b) Each commissioner and alternate, except ex officio governmental members, and each member of a committee who is a n…

(a) 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 the banks or other appropriate financial institutions designated by the commission and shall be disbursed by order …

(a) The state shall not be 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 funds collected by the commission. (b) No member of the commission or alt…

A member of the public may obtain a certificate identifying whether there is a lien on file and any notice of claim of lien naming a particular debtor, and if so, giving the date and time of filing of each notice, and the names and addresses of each lienholder in the certificate.…

A member of the public may obtain a copy of any notice of an agricultural chemical or seed lien filed, including notices affecting the notices. The fee for these copies shall be the same as that prescribed in Section 9525 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, …

The district may do all of the following: (a) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction. (b) Adopt a seal and alter it at pleasure. (c) Take by grant, purchase, gift, devise, lease, or otherwise, and hold, use and enjoy, …

Every district formed pursuant to this chapter has all of the powers prescribed by Section 6295 and other provisions of this chapter, regardless of any language in the petition for formation for any district or in any of the proceedings leading to the formation that would otherwi…

The county agricultural commissioner of the county in which the district is located shall, in consultation with the district board, assist the district to the extent possible in all activities undertaken by the district for the control of Pierce’s disease, the glassy-winged sharp…

The district board shall, immediately after its appointment and after public hearing, formulate an effective plan and adopt a budget of expenditures for the forthcoming fiscal year. At a public hearing on the plan and the budget, any owner of winegrape growing acreage included in…

There may be added to the budget for the first fiscal year of the operation of the district an amount not to exceed 20 percent of the total amount of the budget to cover the preliminary expenses of the district, including, but not limited to, the costs of formation, before the be…