Title FAC, California Food & Agric. Code

The Mendocino County winegrape and wine industries have enjoyed much success due to a commitment by the industries to fund research that has led to significant improvements in the quality and variety of winegrapes and wine available to consumers. It has also led to winegrapes and…

The production and marketing of winegrapes, wine, and winegrape products produced in Mendocino County is hereby declared to be of public interest, therefore it is necessary and appropriate that these provisions be specifically applicable to Mendocino County. This chapter is enact…

(a) It shall be the policy of this state to preserve and encourage agricultural activities in the state, promote consumption of agricultural commodities produced and harvested in California, provide for research, governance, and accountability, including the ability for agricultu…

No action taken by the commission, or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a violation of the Cartwright Act, Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code…

The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of winegrapes, wine, and other winegrape products in Mendocino County the opportunity to avail themselves of the benefits of collective action in the broa…

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, the invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invali…

It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of the particular agricultural industry concerned and that this representation and furtherance is intended to serve the public interest…

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

“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. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

“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. 2005, Ch. 597, Sec. 1. Effective January 1, 2006…

“Commission” means the Mendocino Winegrape and Wine Commission. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

“Department” means the Department of Food and Agriculture. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

“Grape concentrate” or “concentrate” means unfermented grape juice from which the major portion of the original water content has been removed. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

“Grape juice” or “juice” means unfermented crushed grapes without solids containing the major portion of the original water content. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

“Ex officio member” means a nonvoting member of the commission. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

“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. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

“Market” means to sell, barter, trade, purchase, acquire, or otherwise distribute wine, winegrapes, or winegrape products. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

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

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

“Marketing season” or “fiscal year” means the period beginning July 1 of any year and extending through June 30 of the following year. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

“Must” means a mixture of unfermented crushed grapes, solid grape particles, and grape juice. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

“Person” means any individual, firm, partnership, corporation, limited liability company, association, or any other business entity. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

“Process” or “processed” means producing must, grape juice, grape concentrate, wine, or other winegrape products, including high proof and brandy from winegrapes. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

“Producer” or “grower” means any person who is engaged within Mendocino County in the business of producing, or causing to be produced, winegrapes for market. Producer also includes any person who receives winegrapes as a payment for the use of his or her property in the producti…

“Production research” means research relating to the production and processing of winegrapes, including, but not limited to, the development of new winegrape products and uses for these products. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

“Secretary” means the Secretary of Food and Agriculture. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

“Vintner” and “processor” are synonymous and, except as otherwise specifically provided in this chapter, mean any person engaged in Mendocino County in producing or causing to be produced must, grape juice, grape concentrate, wine, or other winegrape products, including high proo…

“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 that is defined as a wine and permitted under Part III (commencing with Section 5381) of Subchapter E of …

“Winegrapes” means grapes produced in Mendocino County that 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 brandy produced from winegrapes. (Added by Stats. 2005, Ch. 597…

“Winegrape products” include, but are not limited to, must, grape juice, grape concentrate, wine, high proof, and brandy produced from winegrapes. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

(a) There is in the state government the Mendocino Winegrape and Wine Commission. The commission shall be composed of six producers who are not vintners, four vintners, and one public member. (b) The public member and his or her alternate shall be appointed to the commission by t…

(a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be in the public interest or that is in violation of this chapter. (b) If the commission refuses or fails to cease those activities or fun…

The commission or secretary may bring an action for judicial relief from the secretary’s written notice, or from noncompliance by the commission with the written notice, as the case may be, in a court of competent jurisdiction, that may issue a temporary restraining order, perman…

When the secretary is required to concur in a decision of the commission, the secretary shall give his or her response to the commission within 15 working days from notification of the decision. The secretary’s response may be a requirement that additional information be provided…

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

Each member, except the ex officio members, shall have an alternate member selected by the member, subject to approval by the commission. An alternate shall, in the absence of the member for whom he or she is an alternate, serve in place of the member and shall have and be able t…

Any individual serving as a producer member and his or her alternate member shall be a producer who is not also a vintner, or a management-level employee or representative of a producer who is not also a vintner, who has a financial interest in producing, or causing to be produce…

Any individual serving as a vintner member and his or her alternate member shall be a vintner, or a management-level employee or representative of a vintner, who has a financial interest in producing winegrapes for market. The qualifications of vintner members and alternate membe…

The public member and his or 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 winegrape or wine industries. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective Ja…

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, a portion of the producer members and their alternate members, and a portion of the vintner …

Not less than six voting members shall constitute a quorum of the commission. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

The vote of a majority of the members present at a meeting at which there is a quorum shall constitute an act of the commission. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

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 secretary 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. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

No member or alternate member of the commission, or member of a committee established by the commission who is not a member of the commission, shall receive a salary. Each member of the commission and any alternate member serving in place of his or her member, except ex officio m…

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