Title FAC, California Food & Agric. Code

A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and production research. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

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 …

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

“Cherry” means any variety of cherry produced in the state, including any cherries produced in this state and delivered to a processor for processing into any cherry product. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

“Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to the provisions of this chapter. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

“Commission” means the California Cherry Commission. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

“Commissioner” means any member of the commission. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

“Grower-handler” means any person who engages in the operation of selling, marketing, or distributing cherries which he or she has produced. When the grower-handler is a corporation, all the directors and officers of the corporation in their capacity as individuals are included, …

“Shipper” means any person who engages in the operation of selling, marketing, handling, or distributing cherries which he or she has purchased or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, broker, or othe…

“Ex officio member” means a nonvoting member of the commission. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

“Processor” means every person and every plant within this state to whom or to which cherries are delivered for the purpose of drying, dehydrating, canning, pressing, brining, crushing, extracting, cooking, quick freezing, or for use in producing or manufacturing a product or man…

“Marketing research” means any research relating to the marketing of cherries. (Amended by Stats. 1985, Ch. 1004, Sec. 35. Effective September 26, 1985.)

“Marketing season” or “fiscal year” means the period beginning on April 1 of any year and extending through March 31 of the next year. (Amended by Stats. 1985, Ch. 1004, Sec. 36. Effective September 26, 1985.)

“Process” means to engage in the business of a processor. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

“Producer” or “grower” means any person who is engaged within this state in the business of producing or causing to be produced on land totaling more than one acre, either for fresh market or for processing, cherries of any variety, and who upon request, provides proof of commodi…

“Production research” means any research related to the production, harvest, and postharvest handling of cherries, other than marketing research. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

(a) There is in state government the California Cherry Commission. The commission is composed of eight cherry producers or grower-handlers who are not shippers, two cherry shippers, and one public member. Producers and grower-handlers within the respective districts shall elect t…

(a) The districts consist of the following: (1) District 1 is all that area in San Joaquin County east of Jack Tone Road or any extension of that road. (2) District 2 is all that area in San Joaquin County north of Live Oak Road and west of Jack Tone Road or any extension of that…

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 after receiving the decision. The response may be a request that additional information be provided. (Added by Stats. 198…

(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…

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

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 activities o…

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 alternative member shall, in the absence of the member for whom he or she is an alternate, serve in place of the member on the commissio…

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 position due to a change in status making that member ineligible to serve, or due to death, removal or resignation, shall be fi…

(a) Any producer member, grower-handler member, or the member’s alternate on the commission shall be an individual or an employee representing a producer who has a financial interest in producing, or causing to be produced, cherries for market or processing. The qualifications of…

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 public member shall not have any financial interest in the cherry industry. (Amended by Stats. 1985, Ch. 1004, Sec. 41. Effect…

The term of office of all members of the commission, except any ex officio member, shall be two years from the date of their election and until their successors are qualified. However, of the first members of the commission, one-half of the producers or grower-handlers and shippe…

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…

A quorum of the commission shall be any six voting commissioners. Except for Sections 76052 and 76182, the vote of the majority of members present at a meeting at which there is a quorum shall constitute the act of the commission. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

The director or his or her representative shall be notified and may attend meetings of the commission, including committee meetings. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

No member of the commission or member of a committee established by 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 a nonmember of the commission may re…

All money received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited in any bank that the commission may designate and shall be disbursed by order of the commission through any agent or agents…

(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 shall be limited to the funds collected by the commission. (b) No member of the commission or alte…

The powers and duties of the commission include, but are not limited to, all of the powers and duties enumerated in this article. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

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 the provisions of this chapter, including rules for appeals from any bylaw, rule, regulation, op…

The commission may administer and enforce this chapter, and do and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably necessary for, proper or advisable effectuation of the purposes of this chapter. The commission may, in this conn…

The commission may appoint its own officers, including a chairman, one or more vice chairmen, and any other officers that it deems necessary. The officers shall have the powers and duties delegated to them by the commission. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

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, including legal counsel, that are necessary to carry out the provisions of this chapter. The commission may retain a mana…

The commission may fix the compensation for all employees of the commission. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

The commission may appoint committees composed of both members and nonmembers of the commission, such as a processor or shipper advisory committee, to advise the commission in carrying out the provisions of this chapter. (Added by Stats. 1984, Ch. 1176, Sec. 1.)

The commission may establish offices, incur expenses, enter into contracts and agreements, create liabilities, and borrow funds in advance of receipt of assessments that may be necessary, in the opinion of the commission, for the proper administration and enforcement of this chap…

(a) 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 the commission with the concurrence of the director. (b) A summary of the audit shall be made a part of an annual rep…

The commission may promote the sale of cherries by advertising and other promotional means, including cost-sharing advertising, for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for cherries, and a…

The commission may educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling cherries; make market surveys and analyses; present facts to, and negotiate with, state, federal, and foreign agencies on matters which affect the provisi…

The commission may make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts or agreements that the commission may deem necessary for carrying out the purposes of this chapter. (Amended by Stats. 198…

The commission may conduct and contract with others to conduct scientific research, including the study, analysis, dissemination, and accumulation of information obtained from research or elsewhere, regarding this chapter. In connection with the research, the commission may accep…