Title FAC — California Food & Agric. Code

The cultivation of agave for processing into agave products and the marketing of agave and agave products constitute an important industry of this state, which provides substantial and necessary revenues for the state and employment for its residents.

The cultivation of agave in California is consistent with and supportive of California’s environmentally sensitive policies relating to sustainable farming practices, including water conservation, through the cultivation of drought tolerant crops.

The establishment of the commission is necessary for the efficient management of activities authorized in this chapter. The commission is also necessary to enhance the competitiveness of the industry within the state, national, and international marketplace.

The purposes of this chapter are hereby declared to be in the public interest. This chapter is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.

The commission form of administration created by this chapter is uniquely situated to provide those engaged in the activities specified in this chapter the opportunity to avail themselves of the benefits of collective action in the broad fields of research, education, promotion, …

No action taken by the commission, or by any individual in accordance with this chapter or with bylaws or procedures established pursuant to this chapter, shall be deemed a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the B…

It is the intent of the Legislature that members of the commission represent and further the interests of the agave industry and that this representation and furtherance serve the public interest. Accordingly, the Legislature finds that with respect to persons who are elected or …

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

(a) “Agave” means the species of plants in the genus Agave of the family Asparagaceae cultivated for their juice and fiber. (b) Agave cultivated solely for ornamental purposes is not subject to this chapter.

“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.

“Commission” means the California Agave Commission.

“Cultivate” or “cultivated” means to plant, tend, harvest, or improve agave. Cultivated acreage does not include acreage removed from cultivation due to weather, disease, or other circumstances beyond the control of the grower.

“Ex officio members” means nonvoting members of the commission board of directors.

“Grower” means a person who commercially cultivates agave, or causes agave to be cultivated, not in a container and on two acres or more during the marketing season.

“Market” or “marketing” means to sell agave and agave products into commercial channels of trade.

“Marketing season” or “fiscal year” are synonymous terms and mean the period beginning April 1 of any year and extending through March 31 of the following year.

“Process” or “processing” means to engage in the business of a processor.

(a) “Processor” means a person licensed to commercially process agave and who processes agave in an amount of more than three tons in the state in the preceding marketing season. (b) When the processor is a corporation or a limited liability company, all of the directors, officer…

“Public member” means a person appointed to the commission board of directors pursuant to the procedures specified in this chapter.

“Secretary” means the Secretary of Food and Agriculture.

(a) There is in state government the California Agave Commission. Except as provided in this section, the commission board of directors shall be composed of six growers, two processors, and one public member. The public member shall be appointed to the commission by the secretary…

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

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

The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out their duties and responsibilities under this chapter. However, a court may, if it finds that the secretary acted arbitrarily or capriciously in restricting the activities o…

Except for the ex officio members of the commission board of directors, each member of the commission board of directors shall have an alternate member elected in the same manner as the member. An alternate member, in the absence of the member for whom they are an alternate, shal…

Any vacancy on the commission board of directors, including, but not limited to, the failure of any person elected or appointed to the commission board of directors as a member or alternate member to continue in their position due to a change in status making them ineligible to s…

A grower member and their alternate on the commission board of directors shall be an individual, partner, or employee of a grower who has a financial interest in cultivating agave, or causing agave to be cultivated. The grower member and their alternate shall comply with this sec…

A processor member and their alternate on the commission board of directors shall be an individual, partner, or employee of a processor who has a financial interest in processing agave, or causing agave to be processed. The processor member and their alternate shall comply with t…

The public member and their alternate on the commission board of directors shall have all the powers, rights, and privileges of any other member on the commission board of directors. The public member shall not have any financial interest in the cultivating or processing of agave…

(a) The term of office of each member of the commission board of directors and their alternate, except an ex officio member, shall be three years from the date of their election or appointment and until their successor is elected. (b) An alternate shall serve the same term as the…

The commission may sue and be sued and enter into contracts. Copies of its proceedings, records, and acts, when authenticated, shall be admissible in evidence in all courts of the state, and shall be prima facie evidence of the truth of all statements within the proceedings, reco…

A quorum of the commission board of directors is a majority of the members authorized to vote. Except as otherwise provided in this chapter, the vote of a majority of these members present at a meeting at which there is a quorum shall constitute an act of the commission.

The secretary or their representatives shall be notified and may attend each meeting of the commission board of directors and any meetings of a committee established by the commission, except the secretary is not authorized to attend an executive session of the commission board o…

A member of the commission board of directors or of any committee established by the commission, shall not receive a salary. Except for ex officio government members, members and alternates may receive reasonable and necessary traveling expenses and meal allowances, as establishe…

If the secretary is required to concur in a decision of the commission, the secretary shall indicate their response within 15 working days from notification of the decision. The response may be a request that additional information be provided.

All moneys received by a person from assessments levied under the authority of this chapter or otherwise received by the commission shall be deposited into banks designated by the commission board of directors and shall be disbursed by order of the commission board of directors t…

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 shall be limited to the funds collected by the commission. Members and alternate members of the …

The powers and duties of the commission board of directors shall include, but are not limited to, all of the following: (a) Adopt and from time to time alter, rescind, modify, and amend bylaws and procedures for carrying out this chapter, including procedures for related appeals.…

(a) No later than 90 days from the request of proponents of the commission, the secretary shall establish a list of growers and processors eligible to vote on the implementation of this chapter. The proponents shall provide the secretary with a list of growers and processors of a…

The commission shall not be established, and this chapter shall not be implemented, except as necessary to conduct an implementation referendum vote, until the secretary finds all of the following in a referendum vote conducted by the secretary: (a) At least 40 percent of the tot…

The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days or more than 60 days in duration and may prescribe additional procedures necessary to conduct the referendum. If the initial period established is less than 60 days, the …

Nonreceipt of a ballot shall not invalidate a referendum.

If the secretary finds that a referendum vote in favor of establishing the commission has occurred, as provided in this article, the secretary shall certify the vote and give notice of the vote to growers and processors whose names and addresses are on file with the secretary.

If the secretary finds that a referendum vote in favor of establishing the commission has not occurred, as provided in this article, the secretary shall certify the vote and declare this chapter inoperative. The secretary may conduct another implementation referendum vote one or …

(a) Upon the establishment of the commission, the secretary shall contact growers and processors in a manner determined by the secretary for the purpose of nominating and electing persons to the commission board of directors. (b) Subsequent to the first election of members of the…

Before the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary an amount of funds determined necessary by the secretary to defray the expenses of preparing the necessary lists and information and c…

(a) The commission board of directors shall, no later than the beginning of each marketing season, or as soon thereafter as possible, establish assessments to be paid by growers and processors for the marketing season. (b) The assessment for growers that cultivate 2 to 10, inclus…

(a) Processors of agave shall keep a complete and accurate record of all agave processed by them with the names of the growers whose agave was processed. (b) (1) Growers who process agave that they have cultivated shall keep a complete and accurate record of the agave processed. …

(a) All proprietary information obtained by the commission or the secretary from any source, including the names and addresses of growers and processors, shall be confidential and shall not be disclosed except if required by court order in a judicial proceeding. (b) Information o…

Growers and processors of agave that pay the assessment shall be trustees of the assessed funds until they are paid to the commission at the time and in the manner prescribed by the commission board of directors. Growers who process agave that they have cultivated shall be respon…