Title FAC — California Food & Agric. Code

The Legislature finds and declares all of the following: (a) Grapes produced in California for fresh human consumption compose one of the major agricultural crops of California, and the production and marketing of these grapes affects the economy, welfare, standard of living, and…

Notwithstanding other laws to the contrary, in the event a commodity or marketing agreement or marketing order under the jurisdiction of the United States Department of Agriculture or other appropriate federal agency, is created by referendum or under the applicable laws and proc…

This chapter shall be known as the Ketchum Act.

As used in this chapter, the words in the following sections have the following meanings set forth hereafter unless otherwise apparent from the context.

“Cartwright Act” means the act set forth in Chapter 2 (commencing with Section 16700), Part 2, Division 7 of the Business and Professions Code.

“Unfair Practices Act” means the act set forth in Chapter 4 (commencing with Section 17000), Part 2, Division 7 of the Business and Professions Code.

“Fresh grapes” also designated “table grapes” means any and all varieties of grapes produced in the State of California shipped for fresh human consumption, but does not include grapes delivered to a processor for processing or grapes processed by a processor or grapes delivered …

“Producer” means a person engaged within this state in the business of producing or causing to be produced for market “fresh grapes.”

“Shipper” means any person engaged within this state in shipping fresh grapes, whether as owner, agent, or otherwise.

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

“Person” means an individual, firm, corporation, association, or any other business entity, and includes a state agency that engages in any of the commercial activities regulated pursuant to this chapter.

“Secretary” means the Secretary of Food and Agriculture.

“Advertising and sales promotion” means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification or removal of trade barriers which restrict the free flow of fresh grapes to market and may include the presentation of…

“State” means the State of California.

“Commission” means the California Table Grape Commission.

“Commissioner” means a person appointed by the secretary pursuant to Section 65550.

“Districts” means and includes: (a) District 1, which includes all that area of California south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the northern boundary line of the County of San Diego; thence northeasterly al…

There is in the state government the California Table Grape Commission. The commission shall comprise three producers from each district appointed by the secretary from the nominees selected pursuant to this article and one public member appointed pursuant to Section 65575.1.

The California Table Grape 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 shall adopt a corporate seal. Copies …

The commission may employ a president, a treasurer, and a secretary. The compensation of each officer shall be fixed by the commission and they shall serve at the pleasure of the commission with powers and duties that may be delegated to them by the commission. An officer employe…

A commissioner shall be an individual producer, or a partner or employee of a producer, who is actively engaged in growing fresh grapes within this state for a period of at least five years and is producing grapes subject to this chapter at the time of the election. No more than …

The regular terms of office of the commissioners shall be three years from the date of appointment by the secretary and until their successors are appointed.

Each commissioner for each district shall be elected by a plurality of votes cast by producers in the district. Each producer who has grown fresh grapes in a district in the year preceding an election shall be entitled to one vote in the district.

The commission shall annually compile and maintain a list of eligible producers and certify the list to the secretary at least 30 days before the date set for a meeting to nominate commissioners to office. The list shall constitute the list of producers qualified to vote in the e…

(a) The commission, in preparing a list of producers to be used under this chapter, may omit from the list any person who makes only casual sales or sales as a result of activities other than a commercial farm business venture, as determined by the commission. A person who is omi…

Upon establishment of the lists of producers, the secretary shall call meetings of producers in each district, for the purpose of nominating persons to be appointed to the office of commissioner. At each district meeting for the nomination of commissioners, the secretary or a rep…

Upon expiration of the voting period, the secretary shall tabulate all votes and appoint a commissioner for each district. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made …

Nonreceipt of notice of a meeting for the nomination of commissioners or of ballots shall not invalidate any such meeting, nomination or election.

A person appointed to the office of commissioner by the secretary shall be selected pursuant to the nomination, election, and appointment procedures established by the commission in accordance with this chapter and approved by the secretary.

In the event the office of a commissioner becomes vacant due to failure to qualify, resignation, disqualification, death or for any other reason, such position shall be filled by an election held by the commission. Nominations shall be received by the commission from the remainin…

A majority of the members of the commission at any meeting shall constitute a quorum for the transaction of all business and the carrying out of the duties of said commission. Unless otherwise fixed by the commission, the vote of a majority of members present at a meeting at whic…

A commissioner shall not receive a salary. A commissioner may receive necessary traveling expenses and meal allowances, as approved by the commission.

All moneys received by a person from the assessments levied under the authority of this chapter or otherwise received by the commission shall be paid to the commission, shall be deposited into such banks as the commission may designate, and shall be disbursed by order of the comm…

The State of California shall not be liable for the acts of the commission or its contracts. Payment 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. No member of the commiss…

The powers and duties of the commission shall include, but are not limited to, all of the following: (a) To elect a chairperson, and from time to time other officers as it may deem advisable, and delegate duties to the officers as may appear advisable. (b) To adopt and from time …

(a) The commission shall continue to operate if, in a referendum conducted by the commission in which at least 40 percent of the total number of producers certified as marketing 40 percent of the total volume marketed by all producers on the list during the last completed marketi…

The commission shall appoint a shipper advisory committee of five members appointed from shippers at large to advise the commission on the exercise of its powers and duties under this chapter. Each member shall be an individual shipper, or a partner or employee of a shipper, who …

Members of the shipper advisory committee shall not receive a salary. Members of the shipper advisory committee may receive necessary traveling expenses and meal allowances, as approved by the commission.

The public member of the commission shall be appointed by the secretary from nominees recommended by the commission. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a sele…

The public member of the commission shall represent the interests of the general public in all matters coming before the commission and shall have the same voting and other rights and immunities as other members of the commission. The public member shall have no financial interes…

It is hereby declared, as a matter of legislative determination, that producers or employees of producers appointed to the commission pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such represe…

(a) There is hereby levied and imposed upon all fresh grapes shipped during each marketing season an assessment as fixed by the commission at that amount determined by the commission as reasonably necessary to pay all obligations incurred or to be incurred in accordance with this…

A shipper shall keep a complete and accurate record of all fresh grapes shipped by the shipper and the producer. The records shall be in simple form and contain the information prescribed by the commission. The records shall be preserved for a period of two years and shall be off…

Every shipper shall, at such times as the commission may by rule or regulation require, file with the commission a return, under oath, on forms to be prescribed and furnished by the commission, stating the quantity of fresh grapes shipped by him during the period or periods of ti…

All information obtained by the commission from shippers shall be confidential and shall not be disclosed, except when required by a court order in a judicial proceeding involving this chapter.

All assessments imposed by this chapter shall be due and payable and shall be paid to the commission by each shipper. The commission shall, by rule or regulations, prescribe the time and method of payment thereof.

All such assessments shall be paid to the commission by the shipper first shipping such fresh grapes. Every shipper is authorized to collect such assessments from a producer, and shall deduct the assessment from any moneys owed to any such producer. Every shipper shall be primari…

The commission may, if it believes a violation of this chapter or any rule or regulation has occurred, or in the event of nonpayment of any assessment, bring an action in its name for collection of such assessment, civil penalties or for injunctive relief, including specific perf…

(a) A person aggrieved by an action of the commission may file a grievance with the commission or a duly authorized committee of the commission designated for that purpose. An appeal from a decision of the commission may be made to the secretary. The secretary shall review the re…

Any person subject to this chapter and allegedly aggrieved hereby or by any rule, or order of the commission shall comply with and exhaust the appeal procedure prescribed, in accordance with this chapter, by the rules and regulations of the commission, before application to any c…