Title FAC — California Food & Agric. Code

This article is not applicable to any contract between any member of any cooperative agricultural marketing association, which is operating under, and by virtue of, the laws of this state, any other state, the District of Columbia, or the United States, and the cooperative agricu…

The commissioner of each county, under the supervision of the director, shall enforce this article insofar as it relates to the keeping of the records which are required to be kept by this article. (Enacted by Stats. 1967, Ch. 15.)

Every person that purchases English walnuts or almonds for purposes of processing or resale from any person, except a licensed dealer, broker, commission merchant, agricultural cooperative, or wholesaler, shall keep a record of the name and address of the person from whom each lo…

The record and statement required to be made by this article shall be kept for one year from the date of purchase or delivery, whichever is later, and shall be made available for inspection upon request by any peace officer. (Enacted by Stats. 1967, Ch. 15.)

Any violation of this article is a misdemeanor. (Enacted by Stats. 1967, Ch. 15.)

Any building or improvement that is controlled by the department may contain space in excess of the requirements of the department. Until needed, the excess space may be leased or let by the department at such rental and upon such terms and conditions as are approved by the Depar…

The department may contract with the Department of General Services to handle the rentals of any space over and above that which is required for the department and to furnish general supervision and maintenance in any building or improvement that is controlled by the department.

The secretary may allocate space to the commissions, divisions, bureaus, advisory boards, and services that comprise the department or agencies that are subject to its jurisdiction in any building controlled by the department. The secretary may charge a rental for the space.

The occupancy of any space that is not required by the department for the commissions, divisions, bureaus, advisory boards, and services specified in Section 654 shall be confined to that of other functions of the department, of other state agencies, of official agencies cooperat…

The inability of lettuce shippers to maintain or expand present markets for iceberg lettuce results in an unreasonable and unnecessary economic waste and accompanying loss of employment to the California economy.

These conditions vitally concern the health, peace, safety, and general welfare of the people of this state. It is, therefore, in the public interest to protect and enhance the reputation of California iceberg lettuce in intrastate, interstate, and foreign markets, and to otherwi…

The promotional, educational, economic and marketing research, and any similar activities authorized by this chapter will serve to expand existing markets and create new markets for California iceberg lettuce and to prevent agricultural waste and maintain employment, and are, the…

It is hereby declared to be the policy of this state to aid in preventing economic waste in the marketing of iceberg lettuce, to develop more efficient and equitable methods in marketing, and to maintain job security for workers in iceberg lettuce and related industries.

The production and marketing of fresh California iceberg lettuce for human consumption is declared to be affected with a public interest. The provisions of this chapter are enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, …

Notwithstanding any 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…

A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, and marketing research.

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

“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 iceberg lettuce to market and may include the presentatio…

“Books and records” means any book, record, account, contract, document, memorandum, paper, correspondence, or other written datum reflecting operations under this chapter.

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

“Cause to be produced” means the proprietary functions of initiating and supervising iceberg lettuce production.

“Commission” means the California Iceberg Lettuce Commission.

“Commissioner” means any member of the commission.

“Districts” consist of: District 1.(Blythe area) Riverside and San Bernardino Counties. District 2.(Imperial Valley area) Imperial County. District 3.(Oxnard-Santa Maria area) Los Angeles, Orange, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties. District 4.(Salina…

“Director” means the Director of Food and Agriculture.

“Fiscal year,” means the period beginning April 1 of any year and extending through March 31 of the following year.

“Grower” means any person engaged within this state in the business of producing or causing to be produced iceberg lettuce.

“Grower-handler” means any person who is engaged within the state in the business of producing or causing to be produced, through contractual agreements or other legal relationships and having an ownership therein, iceberg lettuce, and who in addition thereto prepares for market …

“Grower-shipper” has the same meaning as grower-handler.

“Handle” means to perform any of the functions of a handler.

“Handler,” unless otherwise specified, has the same meaning as grower-handler as defined in Section 66532 and secondary handler as defined in Section 66542.5. “Handler” also means any person who engages in the marketing of iceberg lettuce on behalf of a grower, whether as an owne…

“Iceberg lettuce” for purposes of this chapter means varieties of lettuce produced in California of the types which are distinguished as “crisphead” in that certain publication entitled “Lettuce Production in the United States, Agricultural Handbook No. 221,” August 1974 revision…

“Market” or ”marketing” means to sell, ship, or otherwise distribute iceberg lettuce in the commercial channels of trade in a manner consistent with this chapter.

“Marketing season” has the same meaning as fiscal year.

“Prepare for market” means to perform all functions of harvesting and preparing iceberg lettuce for market or marketing.

“Person” means any individual, firm, corporation, association, or other business unit, and shall include, for purposes of this chapter, any state agency which engages in any of the commercial activities regulated pursuant to the provisions of this chapter.

“Producer” has the same meaning as grower.

“Public representative” means a member of the commission appointed to represent the public generally pursuant to subdivision (c) of Section 66564.

“Secondary handler” means any person who purchases from a grower or grower-handler iceberg lettuce for the purpose of coring, shredding, or processing such iceberg lettuce for market and who markets such processed iceberg lettuce during a marketing season.

“Standard box” means standard containers for iceberg lettuce as such containers are defined in the California Administrative Code.

“Standard carton” has the same meaning as standard box.

“Standard container” has the same meaning as standard box.

“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.

There is hereby created the California Iceberg Lettuce Commission to be thus known and designated. The commission is composed of 19 members, of which 14 are handlers as defined in Section 66532, four are members-at-large of which two may be grower-handlers from Arizona who otherw…

The director may require the commission to correct or cease any activity or function which is determined by the director not to be in the public interest or is in violation of this chapter. If the commission refuses or fails to cease such activities or functions or to make such c…

Either party may bring an action for judicial relief in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or other applicable relief.

The public member is appointed to the commission by the director from nominees recommended by the commission.

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 shall adopt a corporate seal. Copies of its proceedings, rec…

The commission may appoint a president, a treasurer, a secretary, and any other necessary personnel to carry out this chapter. The compensation of each officer shall be fixed by the commission. No officer shall be a member of the commission.

Except as provided in Section 66561, each member of the commission is required to be a citizen and a resident of this state. Additionally: (a) Each handler member is required to be currently engaged in the handling of iceberg lettuce. Not more than two handler members shall be em…