Title FAC — California Food & Agric. Code

It is unlawful for any person to sell, ship, deliver, or transport to any purchaser any nursery stock which is within any of the following: (a) Is not labeled in accordance with the provisions of this chapter or the regulations of the director. (b) Has false or misleading labelin…

It is unlawful for any person to do any of the following: (a) Detach, alter, deface, or destroy any label, warning tag, or notice which is provided for in this chapter or in the regulations which are adopted pursuant to it, or alter or substitute nursery stock, in a manner that m…

To the extent permitted by federal law, the director shall levy a fee on commercial marine carriers, based on the schedule established pursuant to Section 5353, for the use of marine terminal facilities for plant and animal pest inspection, quarantine, and eradication. The direct…

(a) Each air carrier or foreign air carrier engaged in foreign air commerce which carries animals or plants or other materials which are, or are likely to be, infected or infested with any pest shall pay a charge of eighty-five dollars ($85) to the director upon the initial landi…

The violation of any provision of this chapter is a misdemeanor and punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both fine and imprisonment.

Any lot of nursery stock which does not comply with the provisions of this chapter is a public nuisance and shall be subject to seizure on complaint of the director or the commissioner to a court of competent jurisdiction in the area in which the nursery stock is located. (Enacte…

The district attorney of the county in which any such nuisance is found, at the request of the director or the commissioner, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent such nuisance. Upon judgment and by order of the …

If the owner fails to comply with the order of the court within the time specified in the order, the court may order that such nursery stock be forthwith destroyed or the nuisance otherwise abated as set forth in such order. (Enacted by Stats. 1967, Ch. 15.)

A proceeding pursuant to this article if the value of the property is thirty-five thousand dollars ($35,000) or less is a limited civil case.

Avocados produced in this state constitute one of the state’s principal tree fruit crops. The avocado industry in this state is expanding. The industry constitutes an important source of jobs for many people in the state, a high proportion of whom are from underprivileged and his…

Opportunity exists for continued growth and expansion of the industry, by creating new markets. The success of an expansion program is uniquely dependent upon effective advertising, promotion, and collection and dissemination of public information, since the creation of new marke…

The establishment of a commission is imperative for the efficient development and management of a national and international advertising program which will ensure that the California avocado industry can compete successfully in the marketplace and increase revenues to avocado pro…

The production and marketing of avocados produced in this state is hereby declared to be affected with 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, safety, and genera…

The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of avocados the opportunity to avail themselves of the benefits of collective action in the broad fields of advertising; promotion; production, nutrition,…

No action taken by the commission, or by any person in accordance with this chapter or with rules or 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 Cod…

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

“Avocado” means any variety of avocado produced in the state, including any avocado delivered to a processor for processing into any avocado product.

“Books and records” mean 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.

“Commission” means the California Avocado Commission.

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

(a) (1) “Handler” means any person who engages, in this state, in the operation of selling, marketing, or distributing avocados which he or she has produced or purchased or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent,…

“Handle” means to engage in the business of a handler.

“Marketing research” means any research relating to the sale or inventory of avocados.

“Marketing season” or “fiscal year” means the period beginning November 1 of any year and extending through the last day of October of the following year.

“Person” means an individual, partnership, corporation, limited liability company, or other business entity.

“Processor” means any person engaged, within this state, in any of the activities with respect to avocados as set forth in Section 58619.

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

“Producer” or “grower” means any person who is engaged within this state in the business of producing, or causing to be produced, avocados for market. “Producer” or “grower” does not include any person who has an average annual production of less than 10,000 pounds of avocados in…

“Production research” means any research related to the production of avocados other than marketing research.

“Secretary” means the Secretary of the Department of Food and Agriculture.

The commission shall establish no fewer than three districts and no more than five districts within the state, each representing approximately the same percentage of avocado production in California.

Beginning in the 2000–01 marketing season, districts shall be reapportioned every fifth year in accordance with redistricting procedures adopted by a two-thirds vote of the commission and concurred in by the secretary.

(a) There is in the state government the California Avocado Commission. (b) The commission shall be composed of the following members: (1) (A) If the commission consists of three districts, nine producers who are not handlers, three elected from each district. (B) If the commissi…

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

Either the commission or the secretary 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.

(a) Each district shall have one alternate producer member, to be elected in the same manner as producer members. (b) The alternate producer member shall, in the absence of a producer member from the same district, serve in place of the absent producer member on the commission an…

(a) There shall be one alternate handler member to be elected in the same manner as the handler members. (b) The alternate handler member shall, in the absence of a handler member, sit in place of the absent handler member on the commission and shall have, and be able to exercise…

(a) There shall be one alternate public member who shall be appointed by the secretary from nominees recommended by the commission. (b) The alternate public member shall, in the absence of the public member, serve in place of the absent public member on the commission and shall h…

(a) 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 him or her ineligible to serve, or through death, removal, or resignation, shall …

(a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial…

(a) Except as specified in subdivision (b), the term of office of all members and alternate members, except the ex officio member, shall be for two years from the date of their election or appointment and until their successors are qualified. (b) Of the first members of the commi…

The commission shall have the power to sue and be sued and to contract and be contracted with. Copies of its proceedings, records, and acts, when certified by an officer, are admissible in evidence in all courts of the state, and are prima facie evidence of the truth of all state…

The commission may appoint its own officers, including a chair, one or more vice chair, and other officers it deems necessary. The officers shall have the powers and duties as may be delegated to them by the commission.

The commission shall have the power to appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.

Unless otherwise specified, a quorum of the commission shall be any nine voting members if the commission consists of three or four districts and any 10 voting members if the commission consists of five districts. The vote of a majority of members present at a meeting at which th…

The secretary or the secretary’s representatives shall be notified and may attend each meeting of the commission.

A member, alternate member, or member of a committee who is a nonmember of the commission shall not receive a salary, but may receive a sum of not to exceed one hundred dollars ($100) per day, as established by the commission, for each day spent in actual attendance at or in trav…

All moneys received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited in such financial institutions as the commission may designate and shall be disbursed by order of the commission through a…

The state is not liable for the acts of the commission or its contracts, except for state-directed supervision of the avocado inspection program, as specified in Chapter 9 (commencing with Section 44971) of Division 17, which is performed under an agreement that specifies that ea…

(a) The secretary shall establish a list of producers in each district. In establishing the lists, the secretary shall require that handlers in the state submit the names, mailing addresses, grove location, and handled volume of each producer from whom they purchased or handled a…