text: All funds received by any person from the assessments levied under this chapter or otherwise received by the council shall be deposited in banks designated by the council and shall be disbursed by order of the council through an agent or agents as it may designate for that purpose. A private agent or agents, other than the department, shall be bonded by a fidelity bond, executed by a surety company authorized to transact business in this state, in favor of the council, in an amount of not less than twenty-five thousand dollars ($25,000).

article: 3. California Cattle Council


kind: section

code: FAC

text: The state is not liable for the acts of the council or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the council are limited to the funds collected by the council. No member or alternate of the council, or any employee or agent thereof, is personally liable for the contracts of the council. No member or alternate of the council, or any employee or agent thereof, is responsible individually in any way to any other person for errors in judgment, mistakes, or other acts, either of council or omission, as principal, agent, or employee, except for his or her own individual acts of dishonesty or crime. No member or alternate of the council, or any employee or agent thereof, is responsible individually for any act or omission of any other member or alternate of the council, or any employee or agent thereof. No member or alternate of the council, or any employee or agent thereof, is liable for the default of any other member or alternate of the council, or any employee or agent thereof.

history: (History: Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.)

chapter: 2.5. California Cattle Council Law

article: 3. California Cattle Council

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 2.5. California Cattle Council Law > 3. California Cattle Council


text: The council may 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 therein.

division: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS

part: 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS

article: 3. California Cattle Council


text: The powers and duties of the council shall include, but are not limited to, all of those contained in this article.

article: 4. Powers and Duties

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 2.5. California Cattle Council Law > 4. Powers and Duties


text: The council may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, and orders in accordance with council procedures for purposes of carrying out this chapter, including rules for appeals from any bylaw, rule, operating procedure, or order of the council. The council shall be charged with exercising any and all necessary duties to accomplish the objectives outlined in this chapter.

article: 4. Powers and Duties


text: If the council and the California Beef Council determine that a project is of mutual benefit and consistent with state and federal laws governing the California Beef Council, the project may be jointly funded by the council and the California Beef Council, subject to approval by the secretary.

article: 4. Powers and Duties


text:
(a) The council may employ a person to serve at the pleasure of the council as the executive director of the council and other personnel. If any person employed by the council engages in any conduct that the secretary determines is not in the public interest or that is in violation of this chapter, the secretary shall notify the council of the conduct and request that corrective and, if appropriate, disciplinary action be taken by the council. If the council fails or refuses to correct the situation or to take disciplinary action satisfactory to the secretary, the secretary may suspend or discharge the person.

(b) The council may retain additional staff or agents of the council to discharge the duties outlined in this chapter.

(c) Notwithstanding subdivision (d) of Section 65002, a member, alternate member, agent, or employee of the council shall not do either of the following:

(1) Appear before any committee of the Legislature or federal government as a representative of the council unless requested to do so by that committee.

(2) Lobby in any manner as a representative of the council.

article: 4. Powers and Duties


text: The council may appoint committees composed of members, alternates, and nonmembers not serving with the council in any official capacity to advise the council in carrying out this chapter.

article: 4. Powers and Duties


text: The council shall approve reasonable compensation for the executive director and any agents or contractors of the council.

article: 4. Powers and Duties


text: The council may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, develop, own, and control the use of any intellectual or physical property, including real estate for the purpose of housing the operations of the council, and borrow funds in advance of receipt of assessments as may be necessary in the opinion of the council for the proper administration and enforcement of this chapter and the performance of its duties.

article: 4. Powers and Duties


text: The council shall keep books, records, and accounts of all its transactions, dealings, contracts, agreements, funds, and expenditures as it deems necessary. Those books, records, and accounts shall at all times be open to inspection and audit by the secretary. The council shall be subject to an annual audit by an auditing firm selected by the council with the concurrence of the secretary. The audit shall be made a part of an annual report to be posted on the council’s Internet Web site and submitted to the department. In addition, the secretary may determine it is necessary to conduct, or cause to be conducted, a fiscal and compliance audit of the council.

article: 4. Powers and Duties


text: Funds collected pursuant to this chapter shall not be used for political contributions.

article: 4. Powers and Duties


text: The council may accept grants from state and federal entities to carry out the duties authorized by this chapter.

article: 4. Powers and Duties


text: The council may collect information about California beef and dairy production and publish and distribute, without charge, a bulletin or other communication to all eligible producers.

article: 4. Powers and Duties


text:
(a) The council shall establish an annual budget according to generally accepted accounting practices. The council shall prepare annually summarized statements of the activities in which it has been engaged in the previous annual period, and of the activities in which it proposes to engage in the ensuing annual period. The annual budget and statements shall be made available to all eligible producers at their request and shall also be posted on the council’s public Internet Web site.

(b) Before the adoption of the annual budget, the council shall submit the proposed annual budget and its statement of contemplated activities to the secretary for the secretary’s concurrence.

(c) The annual budget and statement of contemplated activities shall be concurred in by the secretary before disbursement of funds, with the exception of expenditures made by the council pursuant to Section 65043.

article: 4. Powers and Duties


text: When the secretary is required to concur in a decision of the council, the secretary shall give his or her response to the council within 15 working days from notification of the decision. The secretary shall set forth in writing with specificity the reasons for any refusal to concur. The secretary’s response may be a requirement that additional information be provided.

article: 4. Powers and Duties


text: The council shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this chapter.

article: 4. Powers and Duties


text:
(a) The secretary may require the council 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 council refuses or fails to cease those activities or functions or to make the corrections as required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities or functions of the council until the time that the cessation or correction of activities or functions as required by the secretary has been accomplished by the council.

(c) Actions of the council in violation of the written notice are without legal force or effect. The secretary, to the extent feasible, shall issue the written notice before the council entering into any contractual relationship affecting the existing or proposed activities or functions that are the subject of the written notice.

(d) Upon service of the written notice, the secretary shall notify the council in writing of the specific acts that the secretary determines are not in the public interest or are in violation of this chapter, the secretary’s reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and recommendations that will make the activities or functions acceptable.

article: 4. Powers and Duties


text: The council may recommend to the secretary the adoption of administrative regulations that relate to the administration and enforcement of this chapter.

article: 4. Powers and Duties


text:
(a) The council and the secretary shall keep confidential and shall not disclose, except when required by court order after a hearing in a judicial proceeding, all lists in their possession of persons subject to this chapter. However, the council shall establish procedures consistent with this confidentiality requirement to enable producers to communicate with other producers on the lists regarding noncommercial matters affecting the council and persons subject to this chapter.

(b) Information on volume shipments, other information that is required for reports to governmental agencies, financial reports to the council, aggregate sales and inventory information, and any other information that does not include individual identifying producer or handler information may be disclosed by the council.

article: 4. Powers and Duties


text: The council may investigate all matters that affect the administration of this chapter and report violations to the secretary.

article: 4. Powers and Duties


text:
(a) (1) A program or activity that is conducted or sponsored pursuant to this chapter shall not make false or unwarranted claims, or disparage the quality, value, use, or sale of any commodity authorized by law to be marketed in this state.

(2) Paragraph (1) shall not be construed to prohibit disclosure of any information to an investigative agency or a member of the public to protect the health or safety of the public.

(b) A program or activity shall not be conducted pursuant to this chapter with reference to a private brand or trade name that refers to beef or other products derived from the California cattle industry, except as provided for in subdivision (c).

(c) The council shall not expend funds for the advertising of brand name beef or other products derived from the California cattle industry unless the expenditures are approved by a two-thirds vote of the council with the concurrence of the secretary. The council may expend funds to conduct cost-sharing advertising with nonbeef brand name products.

article: 4. Powers and Duties


text:
(a) On or before June 1, 2019, the Bureau of Livestock Identification shall submit to the secretary for review a list of producers who have sold or owned cattle in the last calendar year.

(b) The secretary may require auction markets and packers to submit the names and mailing addresses of all producers from whom they acquired cattle in the most recently completed fiscal year. The request for information shall be in writing and shall be filed within 10 days following receipt of the request.

(c) The secretary shall determine which producers are eligible to vote consistent with the definition of producer in subdivision (k) of Section 65012.

(d) Any producer who believes himself or herself to be eligible to vote whose name does not appear on the appropriate list may have his or her name placed on the list by filing with the secretary a signed statement identifying the producer as a person eligible to vote. Failure to be on the list does not exempt the person from paying fees and does not invalidate any votes conducted pursuant to this chapter.

(e) Any producer eligible to vote may contact those on the list regarding the referendum in a form and manner prescribed by the secretary if all expenses associated with those contacts are paid in advance.

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 2.5. California Cattle Council Law > 5. Implementation and Suspension of Operations


text: This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds that a majority of producers participating in an initial referendum vote conducted by the secretary on or before June 1, 2020, or a second referendum vote conducted by the secretary pursuant to Section 65066, approve the referendum.

history: (History: Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Repealed conditionally pursuant to Section 65066.)

article: 5. Implementation and Suspension of Operations


text: An implementation referendum shall advertise the amount to be assessed and declare that the assessment shall be a mandatory fee. An implementation referendum shall also advertise that the council will accept petitions to refund the fee for any producer subject to this chapter pursuant to Section 65075.


text: The secretary shall establish a period in which to conduct a referendum, that shall not be more than 60 days in duration, and may prescribe additional procedures necessary to conduct the referendum.


text: Nonreceipt of a ballot by an eligible producer shall not invalidate a referendum.


text: If the secretary finds that a majority vote has been given, the secretary shall certify and give notice of the majority vote to all producers whose names and addresses are on file with the secretary.


text: If the secretary finds that a majority vote has not been given for an initial referendum, the secretary shall certify and declare all provisions of this chapter inoperative, except as necessary to conduct a second implementation referendum vote pursuant to this section. The secretary shall conduct a second implementation referendum vote two years or later following certification of the first vote. If the second referendum vote conducted pursuant to this section does not receive a majority vote in favor, this chapter is repealed six months following the certification of the second vote unless a later statute is enacted altering this section.

history: (History: Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Repealed conditionally by its own provisions. Note: Conditional repeal affects Chapter 2.5, comprising Sections 65001 to 65087.)


text:
(a) Before an implementation referendum vote conducted by the secretary pursuant to this article, a proponent of the establishment of the council shall deposit with the secretary the amount that the secretary deems necessary to defray the expenses of analyzing the proposed council and certifying the necessary list of producers submitted by the Bureau of Livestock Identification and conducting the vote.

(b) Any funds not used in conducting an implementation referendum established by this article shall be returned to the proponents of the council who deposited the funds with the secretary.

(c) Upon establishment of the council, the council may reimburse the proponents of the council for any funds deposited with the secretary that were used in carrying out this article, and for any legal expenses and costs incurred in establishing the council.


text:
(a) Five years after implementation of this chapter, the secretary shall hold a public hearing after providing proper notice to producers subject to this chapter and any other persons or entities who have requested, in writing, notice of the hearing to determine whether the operation of this chapter should be continued. If, after the hearing, the secretary finds that a substantial question exists among the producers assessed under this chapter as to whether the operation of this chapter should be continued, the secretary shall conduct a reapproval referendum to be conducted among producers to determine whether the operation of this chapter shall be reapproved and continue in effect.

(b) If the secretary finds, after conducting a hearing, that no substantial question exists or if a reapproval referendum is required and a majority of eligible producers voting in the referendum voted in favor of continuing the operation of this chapter, the secretary shall certify the vote and this chapter shall remain operative. If the secretary finds that a majority vote has not been given, the secretary shall certify the vote and declare the operation of this chapter suspended and the operations of the council concluded and funds distributed in the manner provided in subdivision (c). A bond or security shall not be required for the referendum. The secretary shall provide public notice of the suspension of this chapter on the department’s internet website.

(c) On the expiration of this chapter pursuant to this article, the council shall remain in existence for the purpose of furnishing the secretary with a complete record of its outstanding financial obligations, accrued and to accrue. The secretary shall pay from the money deposited and disbursed any outstanding obligations and any obligations incurred by the secretary and the department under the terms and provisions of this section. Any money that remains shall be retained by the secretary to defray the expenses of formulation, issuance, administration, or enforcement of any subsequent program for beef promotion. If such a program is not undertaken within a period of three years from the date of termination of this chapter, the money shall be used to fund activities related to the subject matter of this chapter at the discretion of the secretary.

(d) Following a hearing and favorable referendum, if required, the process specified in this section shall be conducted by the secretary every five years between July 1 and June 30 of the following year.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 128. (AB 991) Effective January 1, 2020. Repealed conditionally pursuant to Section 65066.)


text:
(a) On the secretary’s own motion, at the request of the council, or at the request of a producer, the secretary may determine that it is no longer in the best interest of the state to continue the existence of the council and the programs established and maintained pursuant to this chapter.

(b) If the secretary makes the determination described in subdivision (a), the secretary shall call a vote of the producers to determine if the council should be terminated.

(c) (1) The secretary shall certify a vote conducted pursuant to subdivision (b).

(2) If a majority of producers vote in favor of terminating the council, the secretary shall declare the operation of this chapter suspended, the operations of the council concluded, and distribute the funds in the manner provided for in subdivision (c) of Section 65068. The secretary shall provide public notice of the suspension of this chapter on the department’s Internet Web site.

(3) If a majority of producers do not vote in favor of terminating the council, the operation of this chapter shall continue in effect.


text:
(a) In order to carry out the programs and administer the activities that are conducted pursuant to this chapter, an assessment of one dollar ($1) per head shall be paid on each sale of cattle and calves. The assessment shall be charged on all cattle and calves, except the following:

(1) Hides, skins, or the offal of animals.

(2) Any cattle or calves that are transported for purposes other than for sale or slaughter and without a change of ownership.

(3) Any cattle or calves custom slaughtered exclusively for the owner, members of the owner’s household, or the owner’s nonpaying guests or employees.

(4) Any cattle or calves weighing less than 200 pounds.

(5) Any cattle or calves originating outside the state transported solely to a stockyard or slaughter facility to be sold or slaughtered within 30 calendar days of arrival.

(6) Any cattle or calves sold within 10 days of being purchased where the seller can demonstrate the assessment has been paid within the past 10 days.

(b) The assessment charged pursuant to this chapter shall not be charged or collected more than once from each owner upon the same animal.

history: (History: Amended by Stats. 2019, Ch. 324, Sec. 10. (AB 1801) Effective January 1, 2020. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.)

article: 6. Financial Provisions

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 2.5. California Cattle Council Law > 6. Financial Provisions


text:
(a) Each person who is required to pay or collect the assessment shall maintain a complete and accurate record of all transactions subject to assessments under this chapter. These records shall contain information required by the secretary relating to the payment or collection of assessments, shall be preserved for a period of two years, and shall be offered and submitted for inspection and audit at any reasonable time upon written demand by the secretary or the secretary’s duly authorized agent.

(b) All information obtained by the secretary or the secretary’s duly authorized agent from any inspection or audit of records shall be confidential and shall not be disclosed except when required in a judicial proceeding.

article: 6. Financial Provisions


text:
(a) The assessment for cattle or calves, whether originating in the state or out of state, shall be paid by the seller. The assessment shall be charged and collected from the seller or from the seller’s account and paid to the council by each operator of a stockyard, livestock auction market, or slaughter facility. The assessment is due and payable to the council on or before the 15th day of the month next succeeding the month in which the cattle and calves are sold. Assessments that are not collected in the manner provided in this subdivision shall be collected from the seller by the Bureau of Livestock Identification at the time that brand inspection fees are collected.

(b) The assessment for cattle or calves for which the assessment would not otherwise be collected pursuant to subdivision (a) and that are also exempt from a brand inspection shall be charged and collected from the seller and paid to the council in a manner determined by the department.

(c) Any assessment that is not collected in the manner specified in subdivision (a) or (b) shall be paid to the council directly by the seller on or before the 15th day of the month next succeeding the month in which the sale occurs.

article: 6. Financial Provisions


text: The assessments that are collected by the Bureau of Livestock Identification pursuant to this article shall be forwarded to the secretary at the same time and in the same manner as the inspection fees that are provided for in Article 9 (commencing with Section 21281) of Chapter 6 of Division 10. The secretary shall reimburse, from any money that is collected pursuant to this section, the Bureau of Livestock Identification and any other bureaus or agencies of the state for any additional expenses that are incurred by them in the administration or enforcement of this chapter.

article: 6. Financial Provisions


text: Any person who is subject to the assessment that is required by Section 65071 may obtain a refund of the assessment collected by submitting to the council a claim for a refund. The claim shall be submitted to the council by mail, facsimile, electronic mail, or a refund request form through the council’s Internet Web site within 90 days after the date of the brand inspection or the date of payment of the assessment, whichever date is later. The refund of an assessment shall be made by the council within 60 days of the date on which the refund request is received. The council or the department may not place conditions on the issuance of the refund except for requiring the claim for the refund to demonstrate the fee has been paid. The secretary, department, council, or producers, by referendum, shall not limit or inhibit a refund under this section for a person that has paid the assessment required by Section 65071.

article: 6. Financial Provisions


text:
(a) Proprietary information obtained pursuant to this article by the council or the secretary, including the names and addresses of producers and the amounts of individual refunds or the identity of a person that received a refund pursuant to Section 65075, is confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding.

(b) Data that is aggregated from proprietary information, including the total amount refunded by the council annually, is not confidential, and may be disclosed to the public, if the data does not disclose proprietary information of an individual producer and the data does not identify an individual producer.

article: 6. Financial Provisions


text: An assessment that is levied pursuant to this chapter is a personal debt of the assessed person.

article: 6. Financial Provisions


text: Any person who fails to pay, collect, or remit any fees due within the time specified in this chapter shall be liable for administrative costs incurred by the department in enforcing this chapter.

article: 7. Actions and Penalties

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 2.5. California Cattle Council Law > 7. Actions and Penalties


text: The secretary may pursue an action to hold a person civilly liable in an amount not to exceed one hundred dollars ($100) for each head of cattle or calves that is sold by any person who fails to pay, collect, or remit any fees due within the time specified in this chapter. The person also shall be liable for the total amount of fees due and the costs of a civil suit, including attorney’s fees.

article: 7. Actions and Penalties


text: The secretary may request that the Attorney General file an action in an appropriate court to collect any unpaid fees, civil penalties, or other costs incurred by the department in pursuit of a violation.

article: 7. Actions and Penalties


text: The secretary may request that the Attorney General petition an appropriate court for the issuance of an injunction, restraining any person in violation of any requirement specified in this chapter, or regulation adopted pursuant to this chapter, from continuing the violation. The court also may require the performance of any obligation imposed under this chapter or any regulations adopted pursuant to this chapter.

article: 7. Actions and Penalties


text: Any action by the secretary for any penalty or other remedy that is prescribed under this chapter shall be commenced within three years from the date of discovery of the alleged violation. Any action against the council by any person shall be commenced within three years from the date of the alleged violation.

article: 7. Actions and Penalties


text:
(a) Any person subject to this chapter may contest a determination of delinquent assessments, or other violation of this chapter, and request an informal hearing as outlined in this section.

(b) A request for an informal hearing shall be submitted in writing to the department.

(c) A request for an informal hearing shall be submitted within 30 days from the receipt of the department’s adverse determination. The failure to present a timely request for an informal hearing constitutes a waiver of the respondent’s right to contest the adverse determination. The department shall deny an untimely request for a hearing.

(d) Upon receipt of a timely request for an informal hearing, the department shall provide a notice of the hearing to the respondent that contains all of the following information:

(1) Date, location, and time of the hearing.

(2) The department’s contact information, including, but not limited to, applicable telephone and facsimile numbers.

(3) Subject matter of the adverse determination.

(4) Any other information or documentation relative to the adverse determination.

(e) The department shall designate a hearing officer to preside over and conduct the informal hearing. A hearing officer may conduct a hearing by telephone, at the hearing officer’s discretion.

(f) (1) The standard of proof to be applied by the hearing officer shall be a preponderance of the evidence, unless statutes or regulations applicable to the determination provide a higher standard.

(2) The hearing officer shall issue a written decision with a brief statement of the conclusion and findings to support the conclusion within 14 days after the conclusion of the hearing. The hearing officer may issue the decision orally at the conclusion of the hearing, subject to written confirmation.

(3) The written decision of the hearing officer shall be served on the respondent either by overnight mail or by facsimile transmission.

(g) The written decision of the hearing officer shall be effective immediately upon receipt and shall be final.

(h) The respondent may appeal the hearing officer’s decision in accordance with Section 1094.5 of the Code of Civil Procedure.

article: 7. Actions and Penalties


text: The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that may thereafter arise in connection with this chapter, release or extinguish any violation of this chapter, or affect or impair any right or remedies of the secretary with respect to any violation.

article: 7. Actions and Penalties


text:
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 health of a large number of citizens residing in this state.

(b) Increased plantings of vineyards and improved cultural practices for the production of California grapes for fresh human consumption have increased and will continue to increase the production of California grapes, and unless the fresh human consumption of California grapes is increased by the expansion of existing markets and the development of new markets, the interests of the fresh grape industry of California, and the public interest of the people of this state, will be adversely affected. The expansion of the table grape industry also provides an important source of jobs for many people in this state, a high proportion of whom reside in historically depressed areas of the state, and serves to ensure the preservation of an agrarian society.

(c) The inability of individual producers to maintain or expand present markets or to develop new or larger markets for these grapes results in an unreasonable and unnecessary economic waste of the agricultural wealth of this state.

(d) These conditions and the accompanying waste jeopardize the future continued production of adequate supplies of fresh grapes for human consumption for the people of this and other states, and prevent producers from obtaining a fair return for their labor, their farms, and their production. As a consequence, the purchasing power of these producers and their workforce has been in the past, and may continue to be in the future unless these conditions are remedied, low in relation to that of other people engaged in other gainful occupations within the state, and they are thereby prevented from maintaining a proper standard of living and from contributing their fair share to the support of the necessary governmental and education functions, thus tending to increase unfairly the tax burden of other citizens of the state.

(e) These conditions vitally concern the health, peace, safety, and general welfare of the people of this state. It is therefore necessary and expedient in the public interest to protect and enhance the reputation of California fresh grapes for human consumption in intrastate, interstate, and foreign markets, and to otherwise act so to eliminate unreasonable and unnecessary economic waste of the agricultural wealth of this state.

(f) The promotion of the sale of fresh grapes for human consumption by means of advertising, dissemination of information on the manner and means of production, and the care and effort required in the production of these grapes, the methods and care required in preparing and transporting these grapes to market, and the handling of the same in consuming markets, research respecting the health, food, and dietetic value of California fresh grapes and the production, handling, transportation, and marketing of California fresh grapes, the dissemination of information respecting the results of that research, instruction of the wholesale and retail trade with respect to handling thereof, and the education and instruction of the general public with reference to the various varieties of California fresh grapes for human consumption, the time to use and consume each variety and the uses to which each variety should be put, the dietetic and health value of fresh grapes, all serve to increase the consumption of fresh grapes and to expand existing markets and create new markets for fresh grapes, and prevent agricultural waste, and is therefore in the interests of the welfare, public economy, and health of the people of this state.

(g) It is hereby declared to be the policy of this state to aid producers of California fresh grapes in preventing economic waste in the production and marketing of their commodity, to develop more efficient and equitable methods in that production and marketing, and to aid these producers in restoring and maintaining their purchasing power at a more adequate, equitable, and reasonable level.

(h) The production and marketing of grapes produced in California for fresh human consumption is declared to be affected with a 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.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 1. (AB 482) Effective January 1, 2026.)

article: 1. Declarations and Purposes

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 3. The California Table Grape Commission > 1. Declarations and Purposes


text: 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 procedures relating thereto, in this state or in any geographical area within this state, which agreement or order contains provisions substantially similar to the provisions of this chapter, this chapter shall be inapplicable to any producer, shipper, or other person covered by, and, to the extent of such coverage, during the existence of such federal agreement or order.

history: (History: Added by Stats. 1967, Ch. 1467.)

chapter: 3. The California Table Grape Commission

article: 1. Declarations and Purposes


text: This chapter shall be known as the Ketchum Act.

history: (History: Added by Stats. 1968, Ch. 272.)

article: 1. Declarations and Purposes


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

history: (History: Amended by Stats. 2004, Ch. 183, Sec. 125. Effective January 1, 2005.)

article: 2. Definitions and General Provisions

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 3. The California Table Grape Commission > 2. Definitions and General Provisions


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

article: 2. Definitions and General Provisions


text: “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.

article: 2. Definitions and General Provisions


text: “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 to a winery for winemaking or grapes produced for use in the making of wine.

article: 2. Definitions and General Provisions


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

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 2. (AB 482) Effective January 1, 2026.)

article: 2. Definitions and General Provisions


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

article: 2. Definitions and General Provisions


text: “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 a product or manufactured article.

article: 2. Definitions and General Provisions


text: “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.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 3. (AB 482) Effective January 1, 2026.)

article: 2. Definitions and General Provisions


text: “Secretary” means the Secretary of Food and Agriculture.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 4. (AB 482) Effective January 1, 2026.)

article: 2. Definitions and General Provisions


text: “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 facts to, and negotiations with, state, federal or foreign governmental agencies on matters which affect the marketing of such grapes.

article: 2. Definitions and General Provisions


text: “State” means the State of California.

history: (History: Added by Stats. 2025, Ch. 614, Sec. 5. (AB 482) Effective January 1, 2026.)

article: 2. Definitions and General Provisions


text: “Commission” means the California Table Grape Commission.

article: 2. Definitions and General Provisions


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

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 6. (AB 482) Effective January 1, 2026.)

article: 2. Definitions and General Provisions


text:
“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 along the northern boundary of the County of San Diego to the point of intersection with the western boundary of the County of Riverside; thence northerly along the western boundary of the County of Riverside to the northern boundary of the County of Riverside; thence easterly along the northern boundary of the County of Riverside to the point of intersection with the California-Arizona state boundary.

(b) District 2, which includes all that area of California north of the northern boundary of District No. 1 and south of a line described as beginning at the intersection of the shoreline of the Pacific Ocean with a line projected due west from the intersection of U.S. Highway No. 466 and California State Highway No. 1; thence easterly along U.S. Highway No. 466 to the town of Famoso; thence from Famoso northeasterly along the Famoso to Woody County Road to the town of Woody; thence along a line due north to a point on the northern boundary of the County of Kern; thence easterly along the northern boundary of the County of Kern and along the northern boundary of the County of San Bernardino to the point of intersection with the California-Nevada state boundary.

(c) District 3, which includes all that area of California north of the northern boundary of District No. 2 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the westerly projection of the north line of Township 23 south, M.D. B. & M.; thence easterly along the north line of Township 23 south projected to the point of intersection with the Principal San Bernardino Meridian; thence due east along a line to the point of intersection with the California-Nevada state boundary.

(d) District 4, which includes all that area of California north of the northern boundary of District No. 3 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the westerly projection of the north line of Township 18 south, M.D. B. & M.; thence easterly along the north line of Township 18 south projected to the point of intersection with the Principal San Bernardino Meridian; thence southerly along the Principal San Bernardino Meridian to the Fifth Standard Parallel north, S.B. B. & M.; thence easterly along the Fifth Standard Parallel north to the point of intersection with the California-Nevada state boundary.

(e) District 5, which includes all that area of California north of the northern boundary of District No. 4 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the Fourth Standard Parallel south M. D. B. & M.; thence easterly along the Fourth Standard Parallel south to the point of intersection with the southerly projection of McCall Road in the County of Fresno; thence northerly along McCall Road to the point of intersection with Rose Avenue in the County of Fresno; thence easterly along Rose Avenue and along the easterly projection of Rose Avenue to the point of intersection with the main channel of Kings River; thence northerly along Kings River to the point of intersection with California State Highway Sign Route No. 180; thence easterly along California State Highway Sign Route No. 180 to the point of intersection with the County of Fresno boundary; thence due east along a line to the point of intersection with the California-Nevada state boundary.

(f) District 6, which includes all that area of California north of the northern boundary of District No. 5 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the northern boundary of the County of Monterey; thence easterly along the northern boundary of the County of Monterey to the northern boundary of the County of San Benito; thence easterly along the northern boundary of the County of San Benito to a point on the western boundary of the County of Merced; thence northeasterly along the western boundary of the County of Merced to the northern boundary of the County of Merced; thence easterly along the northern boundary of the County of Merced to a point on the northern boundary of the County of Mariposa; thence easterly along the northern boundary of the County of Mariposa to the eastern boundary of the County of Madera; thence southerly along the eastern boundary of the County of Madera to a point on the western boundary of the County of Mono; and also including all of the area in the County of Mono, California.

(g) District 7, which includes all that area of California not included in any other district.

(h) The commission may change the district boundaries by a two-thirds vote of the commission.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 7. (AB 482) Effective January 1, 2026.)

article: 2. Definitions and General Provisions


text: 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.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 8. (AB 482) Effective January 1, 2026.)

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 3. The California Table Grape Commission > 3. The California Table Grape Commission


text: 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 of its proceedings, records and acts, when certified by the secretary and authenticated by the corporate seal, shall be admissable in evidence in all courts of the state, and shall be prima facie evidence of the truth of all statements therein.

article: 3. The California Table Grape Commission


text: 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 employed pursuant to this section shall not be a commissioner.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 9. (AB 482) Effective January 1, 2026.)


text: 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 two members shall be persons employed by, or connected in a proprietary capacity with, the same corporation, firm, partnership, association, or business entity, provided that not more than one member in any district shall be so employed or connected. A commissioner shall maintain these qualifications during their term of office in order to remain on the commission.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 10. (AB 482) Effective January 1, 2026.)


text: 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.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 12. (AB 482) Effective January 1, 2026.)


text: 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.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 13. (AB 482) Effective January 1, 2026.)


text: 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 election of commissioners.

history: (History: Repealed and added by Stats. 2025, Ch. 614, Sec. 16. (AB 482) Effective January 1, 2026.)


text:
(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 omitted from the list is not subject to this chapter, including the payment of any assessments, and is not qualified as a producer under this chapter.

(b) A person omitted from a list pursuant to this section may be included on any subsequent list if the person is found to be qualified as a producer at the time of preparing the list.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 17. (AB 482) Effective January 1, 2026.)


text: 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 representative authorized by the secretary shall preside, and receive nominations, and at the conclusion of the meeting shall announce the names of the persons nominated at the meetings and the time, the manner, and instructions for voting by mail. Thereafter, within 10 days after the meeting, the secretary shall mail to all producers ballots for the election of commissioners in the respective districts, with instructions for voting by mail. All votes shall be required to be delivered to the secretary or mailed for delivery within 10 days after issuance of ballots by the secretary.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 20. (AB 482) Effective January 1, 2026.)


text: 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 a selection.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 21. (AB 482) Effective January 1, 2026.)


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

history: (History: Added by Stats. 1967, Ch. 1467.)


text: 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.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 23. (AB 482) Effective January 1, 2026.)


text: 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 remaining commissioners in the district where the vacancy exists. An election shall then be held by the commission and a majority vote shall elect a commissioner, subject to appointment by the director, to fill out the unexpired term for which such election is being held. Vacancies occurring within six months prior to a regular district election may remain vacant until the next regular election. Commission members elected at special elections shall serve the unexpired term of the office to which they are appointed.

history: (History: Amended by Stats. 1971, Ch. 1105.)


text: 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 which there is a quorum shall constitute the act of the commission.


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

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 24. (AB 482) Effective January 1, 2026.)


text: 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 commission.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 25. (AB 482) Effective January 1, 2026.)


text: 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 commission or any employee or agent thereof shall be personally liable on the contracts of the commission nor shall a commissioner or employees of such commission be responsible individually in any way to any producer or shipper or any other person for errors in judgment, mistakes or other acts, either of commission or omission, as principal, agent or employee, except for their own individual acts of dishonesty or crime. No commissioner shall be held responsible individually for any act or omission of any other member of such commission. The liability of the commissioners shall be several and not joint, and no commissioner shall be liable for the default of any other commissioner.


text:
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 to time alter, rescind, modify, and amend all proper and necessary rules, regulations, procedures, and orders for the exercise of its powers and the performance of its duties, including rules for regulation of appeals from any rule, regulation, procedure, or order of the commission.

(c) To administer and enforce this chapter, and do and perform all acts and exercise all powers incidental to or in connection with effectuating, or deemed reasonably necessary, proper, or advisable to effectuate, the purposes of this chapter.

(d) To employ, and at its pleasure discharge, a president, a treasurer, a secretary, employees, and necessary personnel, including attorneys engaged in the private practice of the law, fix their compensation and terms of employment, prescribe their duties, and incur expenses as it may deem reasonably necessary and proper to properly perform its duties as authorized by this chapter. The Attorney General shall aid and assist the commission on its request and shall undertake judicial proceedings as requested by the commission to undertake on its behalf.

(e) To establish offices, incur expenses, enter into any and all contracts and agreements, and create liabilities and borrow funds in advance of receipt of assessments as may be necessary, in the opinion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties.

(f) To keep accurate books, records, and accounts of all of its dealings, which shall be open to inspection and audit by the department, as directed by the secretary.

(g) In the discretion of the commission, to investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for criminal violations of this chapter.

(h) To promote the sale of fresh grapes by advertising and other similar means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for fresh grapes, and to educate and instruct the public with respect to fresh grapes, the uses and time to use the several varieties, and the healthful properties and dietetic value of fresh grapes.

(i) In the discretion of the commission, to educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling fresh grapes; arrange for the performance of dealer service work providing display and other promotional materials; make market surveys and analyses; present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the marketing, production, and distribution of fresh grapes; and undertake any other similar activities that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new and larger markets for fresh grapes.

(j) In the discretion of the commission, to make in the name of the commission contracts to render service in formulating and conducting plans and programs, and other contracts or agreements as the commission may deem necessary for the promotion of the sale of fresh grapes.

(k) In the discretion of the commission, to conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination, and accumulation of information obtained from that research or elsewhere with respect to the marketing and distribution of fresh grapes, the production, storage, refrigeration, inspection, and transportation of fresh grapes, develop and discover the dietetic value of fresh grapes, develop and expand markets, and improve cultural practices and product handling so that the various varieties may be placed in the hands of the ultimate consumer in the best possible condition. In connection with that research, the commission may accept contributions of, or may match, private, state, or federal funds that may be available for these purposes, and may employ or make contributions of funds to other persons or state or federal agencies conducting that research.

(l) In the discretion of the commission, to accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California fresh grape industry.

(m) In the discretion of the commission, to cooperate with other private or governmental entities in the resolution of emergencies arising in the industry and impacting the health and safety of the public or the continued stability of the table grape industry.

(n) To determine, subject to the limitations provided in Section 65600, not later than May 1 of each year, the assessment for the following 12-month period beginning on May 1 and ending on April 30.

(o) In the discretion of the commission, to publish and distribute without charge a bulletin or other communication for dissemination of information relating to the fresh grape industry to producers and shippers.

(p) In the discretion of the commission, to administer any program related to the table grape industry.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 26. (AB 482) Effective January 1, 2026.)


text:
(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 marketing season participate, the secretary finds that either the following occurs:

(1) Sixty-five percent or more of the producers who voted in the referendum voted in favor of continuing the operation of the commission, and that the producers voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in the referendum.

(2) Fifty-one percent or more of the producers who voted in the referendum voted in favor of continuing the operation of the commission and that the producers voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in the referendum.

(b) The commission shall establish a period in which to conduct the referendum that shall not be less than 10 days or more than 60 days, and may prescribe additional procedures as may be necessary to conduct the referendum.

(c) Nonreceipt of a ballot shall not invalidate the referendum. If the commission finds that a vote in favor of the continuing the operation of the commission has been given as provided in this section, it shall so certify to the secretary and give notice of the favorable vote by publication in a newspaper of general circulation in each district in accordance with Section 6066 of the Government Code and mail a copy of the notice to all producers and shippers whose names and addresses may be on file with the commission. The operation of the commission shall become effective upon completion of publication and 15 days after the certification to the secretary.

(d) If the commission finds that a vote in favor of the operation of the commission has not been given as provided in this section, it shall certify that finding to the secretary, who shall declare the suspension of the operation of the commission upon the expiration of the current marketing season. Upon the declaration, the operations of the commission shall be wound up and funds shall be distributed in the manner provided in Sections 65662 and 65663.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 27. (AB 482) Effective January 1, 2026.)


text: 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 is actively engaged in shipping fresh grapes in this state for a period of at least five years. A member of the shipper advisory committee shall maintain these qualifications during their appointment to the committee in order to remain on the committee.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 28. (AB 482) Effective January 1, 2026.)


text: 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.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 29. (AB 482) Effective January 1, 2026.)


text: 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 selection.

history: (History: Repealed and added by Stats. 2025, Ch. 614, Sec. 31. (AB 482) Effective January 1, 2026.)


text: 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 interest in the table grape industry.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 32. (AB 482) Effective January 1, 2026.)


text: 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 representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such commission, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

history: (History: Added by Stats. 1976, Ch. 1429.)


text:
(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 chapter and as reasonably necessary to carry out the objects and purposes of this chapter. However, during any marketing season, the assessment shall not exceed $0.02 per pound, computed on net weight when shipped, whether in bulk or loose in boxes or in any other container or packed in any style package.

(b) All shipments of 150 pounds or less of fresh grapes sold or shipped by a producer direct to the consumer are exempt from the assessments.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 33. (AB 482) Effective January 1, 2026.)

article: 4. Assessments and Records

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 3. The California Table Grape Commission > 4. Assessments and Records


text: 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 offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 34. (AB 482) Effective January 1, 2026.)

article: 4. Assessments and Records


text: 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 time prescribed by the commission. The names of producers in each district for which such shipper has shipped, and such further information as may be necessary in the discretion of the commission to carry out the object and purposes of this chapter.

article: 4. Assessments and Records


text: 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.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 35. (AB 482) Effective January 1, 2026.)

article: 4. Assessments and Records


text: 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.

article: 4. Assessments and Records


text: 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 primarily and personally liable for the payment of any such assessment, and failure of the shipper to collect the same from any producer shall not exempt any shipper from such primary liability. Any shipper who fails to file a return or pay any assessment within the time required shall thereby forfeit to the commission a penalty of 10 percent of the amount of such assessment determined to be due, but if the commission is satisfied that the delay was excusable, may remit all or any part of such penalty. Such penalty shall be paid to the commission and shall be available for expenditure in the same manner as an assessment.

article: 4. Assessments and Records


text:
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 performance, of any obligation imposed by this chapter or any rule or regulation issued hereunder, or both, against any person violating any provisions of this chapter or any rule or regulation duly issued by the commission hereunder.

If it appears to the court, upon any application for a temporary restraining order or upon the hearing of any order to show cause why a preliminary injunction should not be issued or upon the hearing of any motion for a preliminary injunction, or if the court shall find in any such action that any defendant therein is violating or has violated any provision of this chapter or any rule or regulation duly issued by the commission hereunder, then the court shall enjoin such defendant from committing further violations and may compel specific performance of any obligation imposed by this chapter or any rule or regulation issued by the commission hereunder.

In any such action, it shall not be necessary to allege or prove that an adequate remedy at law does not exist.

In any such action or proceeding, the court shall award reasonable attorney’s fees incurred by the commission therein and shall, upon entry of any final judgment, enjoin any such shipper from further shipping until payment of any judgment entered for money and from further violating or aiding in violation of this chapter or any rule or regulation of the commission.

article: 5. Actions and Penalties

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 3. The California Table Grape Commission > 5. Actions and Penalties


text:
(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 record of the proceedings before the commission. If the secretary finds that the record shows by substantial evidence that the commission’s action was not an abuse of discretion or illegal, the secretary shall dismiss the appeal.

(b) If the secretary finds that the action is not substantially sustained by the record, was an abuse of discretion, or illegal, the secretary may reverse the action of the commission.

(c) A decision of the secretary is subject to judicial review upon petition of the commission or any party aggrieved by the decision.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 36. (AB 482) Effective January 1, 2026.)

article: 5. Actions and Penalties


text: 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 court for relief therefrom. The decision of the commission, in accordance with such rules and regulations, unless arbitrary or without evidentiary support, shall be final and conclusive.

article: 5. Actions and Penalties


text: An action by the commission for a violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. An action against the commission by a person shall be commenced within two years from the date of the act of which the person complains.

history: (History: Added by Stats. 2025, Ch. 614, Sec. 37. (AB 482) Effective January 1, 2026.)

article: 5. Actions and Penalties


text: Venue for actions commenced by the commission may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office.

history: (History: Repealed and added by Stats. 2025, Ch. 614, Sec. 39. (AB 482) Effective January 1, 2026.)

article: 5. Actions and Penalties


text:
It shall be a misdemeanor for:

(a) Any person to violate or aid in the violation of any provision of this chapter or any rule or regulation of the commission.

(b) Any person to willfully render or furnish a false or fraudulent report, statement or record required by the commission pursuant to the provisions of this chapter or any rules or regulations of the commission.

(c) Any person engaged in the shipping of table grapes or in the wholesale or retail trade thereof to fail or refuse to furnish to the commission or its duly authorized agents, upon request, information concerning the name and address of the persons from whom he has received table grapes, regulated hereby, and the quantity of such commodity so received.

history: (History: Added by Stats. 1967, Ch. 1467.)

article: 5. Actions and Penalties


text: Agents of the commission, upon specific written authorization signed by the chairman or secretary of the commission, shall have the right to inspect the premises, books, records, documents and all other instruments of any carrier, railroad, truck, boat, grower, shipper, dealer or retailer for the purpose of enforcing this chapter and collecting the assessments levied under authority of this chapter. In the event of refusal of any person to allow such inspection, the commission may apply to any court for the issuance of a subpoena to compel such inspection.

article: 5. Actions and Penalties


text:
(a) Before the initiation of a referendum for the continuation of the operation of the commission, as described in Section 65573, and upon a finding by a two-thirds vote of the commissioners that the commission has effectuated the purposes of this chapter, the commission may file a petition with the secretary recommending that the commission continue to operate.

(b) The secretary may, upon receipt of the recommendation, grant the petition or hold a public hearing to review the petition. Upon conclusion of the hearing, the secretary may grant the petition or require a referendum to be conducted among producers in accordance with Section 65573 to determine if the commission will continue to operate. The secretary may prescribe additional procedures as may be necessary to conduct the referendum.

history: (History: Repealed and added by Stats. 2025, Ch. 614, Sec. 41. (AB 482) Effective January 1, 2026.)

article: 6. Suspension of Operations

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 3. The California Table Grape Commission > 6. Suspension of Operations


text: At the close of the referendum period established for any referendum required by Section 65660, the secretary shall tabulate the ballots filed during that period. The secretary shall declare the suspension of the operation of the commission, effective upon expiration of the current marketing season, if at least 40 percent of the total number of producers, as established by the secretary as marketing 40 percent of the total volume marketed by all producers on the list established by the commission during the last completed marketing season, participate in the referendum and the secretary finds that either of the following occurs:(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of the suspension, and the producers voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in the referendum.(b) Fifty-one percent or more of the producers who voted in the referendum voted in favor of the suspension, and the producers voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding season by all of the producers who voted in the referendum.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 42. (AB 482) Effective January 1, 2026.)

article: 6. Suspension of Operations


text: Upon and after the effective date of suspension of the operation of the commission, the operations of the commission shall be wound up and any and all moneys remaining held by the commission, collected by assessment in the prior marketing year and not required to defray the expenses of winding up and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding current marketing season; provided further, however, that if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of that pro rata refund to those persons, any moneys remaining from assessments collected in the prior marketing year after payment of all expenses of winding up and terminating operations shall be paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt status from the Internal Revenue Service and that benefits the California table grape industry. Moneys from prior assessment years, investments, investment income, and remaining grant funds shall be paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt stats from the Internal Revenue Service and benefits the California table grape industry.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 43. (AB 482) Effective January 1, 2026.)

article: 6. Suspension of Operations


text: Upon suspension of the operation of the commission, a notice of the suspension shall be posted on the department’s website. The commission shall mail a copy of the notice of suspension to all producers and shippers affected by the suspension whose names and addresses are on file with the commission.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 44. (AB 482) Effective January 1, 2026.)

article: 6. Suspension of Operations


text: In any civil or criminal action or proceeding for violation of the Cartwright Act (Section 16700, Business and Professions Code, and following), the Unfair Practices Act (Section 17000, Business and Professions Code, and following), the Fair Trade Act (Section 16900, Business and Professions Code, and following), Section 1673 of the Civil Code, or any rule of statutory or common law against monopolies or combinations in restraint of trade, proof that the act complained of was done in compliance with the provisions of this chapter or a rule or regulation of the commission issued under this chapter and in furtherance of purposes and provisions of this chapter, shall be a complete defense to such action or proceeding.

article: 7. Miscellaneous

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 3. The California Table Grape Commission > 7. Miscellaneous


text: The commission shall reimburse to the secretary all expenses incurred by them in the supervision of elections.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 46. (AB 482) Effective January 1, 2026.)

article: 7. Miscellaneous


text: This chapter shall be liberally construed. If any section, clause or part of this chapter is for any reason held to be unconstitutional or invalid as applied to any person or as applied under certain circumstances, such decision shall not affect the remaining portions of this chapter nor the application of this chapter to other persons or under other circumstances.

article: 7. Miscellaneous


text:
(a) Between January 1 and March 31 of each fifth calendar year commencing with the year 1972, unless the commission has filed a petition for recommending the continuance of the operation of the commission pursuant to Section 65660, the secretary shall cause a referendum to be conducted by the commission among producers in the manner prescribed in Section 65573 to determine whether the operation of the commission shall be reapproved and remain effective.

(b) If the commission finds that a favorable vote has been given, it shall so certify to the secretary and the operation of the commission shall remain effective. If the commission finds that a favorable vote has not been given, it shall certify that finding to the secretary who shall declare the operation of the commission suspended upon the expiration of the current marketing season ending April 30. Upon that declaration, the operations of the commission shall be wound up and funds distributed in the manner provided in Sections 65662 and 65663. A bond or security shall not be required for any referendum.

history: (History: Amended by Stats. 2025, Ch. 614, Sec. 47. (AB 482) Effective January 1, 2026.)

article: 8. Termination

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 3. The California Table Grape Commission > 8. Termination


text: 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.

history: (History: Added by Stats. 1977, Ch. 434.)

article: 1. Declarations and Purposes

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 4. California Iceberg Lettuce Commission > 1. Declarations and Purposes


text: 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 otherwise act to eliminate unreasonable and unnecessary economic waste of the agricultural wealth of this state.

chapter: 4. California Iceberg Lettuce Commission

article: 1. Declarations and Purposes


text: 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, therefore, in the interests of the welfare, economy, and health of the people of California.

article: 1. Declarations and Purposes


text: 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.

article: 1. Declarations and Purposes


text: 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, safety, and general welfare of the people of this state.

article: 1. Declarations and Purposes


text: 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 procedures relating thereto, in this state or in any geographical area within this state, which agreement or order contains provisions substantially similar to the provisions of this chapter, this chapter shall be inapplicable to any producer, shipper, or other person covered by, and, to the extent of such coverage, during the existence of, such federal agreement or order.

article: 1. Declarations and Purposes


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

history: (History: Added by Stats. 1988, Ch. 958, Sec. 1.)

article: 1. Declarations and Purposes


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

article: 2. Definitions and General Provisions

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 4. California Iceberg Lettuce Commission > 2. Definitions and General Provisions


text: “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 presentation of facts to, and negotiations with, state, federal, or foreign governmental agencies on matters which affect the marketing of such lettuce.

article: 2. Definitions and General Provisions


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

article: 2. Definitions and General Provisions


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

article: 2. Definitions and General Provisions


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

article: 2. Definitions and General Provisions


text: “Commission” means the California Iceberg Lettuce Commission.

article: 2. Definitions and General Provisions


text: “Commissioner” means any member of the commission.

article: 2. Definitions and General Provisions


text:
“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.(Salinas-Watsonville area) Monterey, San Benito, Santa Cruz, Santa Clara, San Mateo, San Francisco, Marin, Sonoma, Mendocino, Humboldt, Alameda, and Del Norte Counties.

District 5.(San Joaquin-Sacramento Valley area) Sacramento, Kern, Fresno, San Joaquin, Stanislaus, Tulare, King, Merced, Madera, Contra Costa, Yolo, Solano, Napa, Colusa, Sutter, Yuba, Glenn, Butte Counties, and all other counties of California not included in Districts 1, 2, 3, and 4.

The number of districts and the boundaries of any district may be changed by a two-thirds vote of the commission when necessary to maintain similar total production among the districts and to ensure proper representation of producers. District boundaries are not required to coincide with county boundaries.

history: (History: Amended by Stats. 1983, Ch. 555, Sec. 1.)

article: 2. Definitions and General Provisions


text: “Director” means the Director of Food and Agriculture.

article: 2. Definitions and General Provisions


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

article: 2. Definitions and General Provisions


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

article: 2. Definitions and General Provisions


text: “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 and markets, either through its own sales force or by agents or contract sellers, 250,000 pounds or more of such lettuce during a marketing season and who is not a secondary handler, as defined in Section 66542.5. Any producer who for his own account engages the services of another person to prepare for market and markets 250,000 pounds or more of his own production during a marketing season, shall be deemed the handler thereof. In determining whether the grower-handler has marketed 250,000 pounds or more of lettuce during a marketing season, there shall be excluded from such computations all shipments of 200 pounds or less of iceberg lettuce sold or shipped by a handler directly to the consumer.

article: 2. Definitions and General Provisions


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

article: 2. Definitions and General Provisions


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

article: 2. Definitions and General Provisions


text: “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 owner, agent, employee, broker, or commission merchant or otherwise.

history: (History: Amended by Stats. 1983, Ch. 555, Sec. 2.)

article: 2. Definitions and General Provisions


text: “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, issued by the Agricultural Research Service of the United States Department of Agriculture. The term does not include the types of lettuce otherwise distinguished in such publication by the terms “butterhead,” “cos or romaine” and “looseleaf.”

article: 2. Definitions and General Provisions


text: “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.

history: (History: Amended by Stats. 1983, Ch. 555, Sec. 3.)

article: 2. Definitions and General Provisions


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

history: (History: Amended by Stats. 1983, Ch. 555, Sec. 4.)

article: 2. Definitions and General Provisions


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

article: 2. Definitions and General Provisions


text: “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.

article: 2. Definitions and General Provisions


text: “Producer” has the same meaning as grower.

article: 2. Definitions and General Provisions


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

article: 2. Definitions and General Provisions


text: “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.

article: 2. Definitions and General Provisions


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

article: 2. Definitions and General Provisions


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

article: 2. Definitions and General Provisions


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

article: 2. Definitions and General Provisions


text: “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.

article: 2. Definitions and General Provisions


text: 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 otherwise qualify pursuant to Section 66532, and one is a person who is neither a producer nor a handler and who is appointed specifically to represent the public generally.

history: (History: Amended by Stats. 1988, Ch. 958, Sec. 2.)

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 4. California Iceberg Lettuce Commission > 3. The California Iceberg Lettuce Commission


text:
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 corrections as required by the director, the director may, upon written notice, suspend all or a portion of the activities of the commission until such time that the cessation or correction of activities or functions as required by the director have been accomplished.

Any written notice, to cease any such activity which is the subject of a contract of the commission entered into by the commission prior to such notice, shall not be effective until after the period of notice for termination provided in such contract or 120 days whichever is shorter.

Upon service of the written notice, the director shall notify the commission in writing, of the specific acts which he determines are not in the public interest or are in violation of this chapter.

article: 3. The California Iceberg Lettuce Commission


text: 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.


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

history: (History: Repealed and added by Stats. 1983, Ch. 555, Sec. 7.)


text: 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, records, and acts, when certified by the secretary, shall be admissible in evidence in all courts of the state, and shall be prima facie evidence of the truth of all statements therein.

history: (History: Amended by Stats. 1988, Ch. 958, Sec. 3.)


text: 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.

history: (History: Amended by Stats. 1983, Ch. 555, Sec. 8.)


text:
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 employed by, or have a proprietary interest in, the same corporation, firm, partnership, association, or business organization. However, not more than one handler member in any one district shall be so employed or have such a proprietary interest.

(b) Each member-at-large is required to be a person, whether or not engaged in the production or marketing of iceberg lettuce, whose qualifications are appropriate to the needs of the commission. The person may be a handler who is not appointed as a handler member but who nevertheless is qualified under subdivision (a) to serve as a handler member.

(c) The person appointed to represent the public generally is required to be any person who is neither a producer nor a handler, whose qualifications are appropriate to the needs of the commission.

(d) The qualifications of members of the commission, as set forth in this section, shall continue during their term of office.

history: (History: Amended by Stats. 1988, Ch. 958, Sec. 4.)


text:
Each of the five districts is represented by the following number of handlers:

(a) District 1 has one member.

(b) District 2 has three members.

(c) District 3 has three members.

(d) District 4 has five members.

(e) District 5 has two members.

history: (History: Amended by Stats. 1983, Ch. 555, Sec. 10.)


text:
The regular term of office for handler members of the commission is three years, commencing April 1 of any year in which they are appointed, and, except with respect to the first of the members, each serves as follows:

(a) District 1: one serves for three years.

(b) District 2: one serves for one year, one serves for two years, and one serves for three years.

(c) District 3: two serve for two years and one serves for three years.

(d) District 4: one serves for one year, two serve for two years, and two serve for three years.

(e) District 5: one serves for two years and one serves for three years.

history: (History: Amended by Stats. 1988, Ch. 958, Sec. 5.)


text: Members-at-large and the public representative shall serve 3-year terms.


text: Each handler member for each district shall be elected by a plurality of votes cast by handlers in the district. Each handler who has handled iceberg lettuce in the district in which he is qualified to vote during the year preceding any election shall be entitled to one vote for each membership position apportioned to such district and for which the election is being held. In the event of a tie vote, there shall be another election to resolve the tie vote. The district in which a handler is qualified to vote shall be the district of his headquarters unless, upon application, he is certified to vote in a different district in which he handled iceberg lettuce during the preceding year.


text: Each member-at-large and the public member are persons nominated for appointment by the handler members of the commission and appointed by the director. Any nomination requires a plurality of votes cast by the handler members. When any positions later become vacant for any reason or cause, proceedings to fill the vacancy are the same as for the initial appointments and are undertaken at the next meeting of the commission after the position is vacated.

history: (History: Amended by Stats. 1983, Ch. 555, Sec. 12.)