SECTIONS 41201.5-41211 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 41201.5-41211

41201.5. There is in the department a Wine Grape Inspection
Advisory Committee consisting of eight wine producers and eight wine
grape growers appointed by the director. The director shall appoint
one additional member to the committee, who may be a public member.
The members of the committee shall receive no compensation.
In making appointments to the committee, the director shall
appoint only one person to represent any one winery or growers' firm,
and shall make every effort to ensure that there is geographical
representation from the major wine grape production areas in the
state.
This section shall become operative on January 1, 1996.

41202. The Legislature hereby declares that it intends that the
wine producers and wine grape growers appointed to the Wine Grape
Inspection Advisory Committee pursuant to this article shall
represent and further the interests of the grape industry. The
Legislature also declares that this representation and furtherance of
the grape industry serves the public interest. Accordingly, the
Legislature finds that, with respect to persons who are appointed as
members of the committee, the grape industry is tantamount to, and
constitutes, the public generally within the meaning of Section 87103
of the Government Code.

41203. The term of office of each member of the committee is three
years.

41204. The members of the committee, alternate members when acting
as members or when requested to perform certain actions by the
committee, and subcommittee members, may be reimbursed, upon request,
for necessary expenses incurred by them in the performance of their
duties.

41205.5. The members of the committee, or their voting alternates,
consisting of at least five producers and five processors, shall
constitute a quorum. Any action of the committee shall require not
less than five affirmative votes of the processor members and five
affirmative votes of the producer members.
This section shall become operative on January 1, 1996.

41206. The committee shall select a chairperson and a vice
chairperson from among its members, and other officers as it deems
necessary. The committee may adopt such regulations as it deems
necessary for the conduct of its meetings and functions to carry out
the objectives of this article.
The office of the chairperson and vice chairperson shall alternate
annually between the producer and processor members. In any year
that a processor member is the chairperson, a producer member shall
be the vice chairperson, and in any year that a producer member is
the chairperson, a processor member shall be vice chairperson. The
committee may recommend such subcommittees as it deems necessary to
assist the committee and the director.

41207.5. (a) The committee shall be advisory to the director on all
matters pertaining to this chapter and certification of the quality
of grapes used for processing pursuant to Section 40531 and shall
make recommendations concerning the inspection and certification
services rendered, including the annual budget and fees necessary to
provide adequate inspection services. All recommendations for budgets
and assessment fees shall be submitted to the director on or before
May 1 of each year.
(b) The committee's primary goal shall be to recommend to the
director objective criteria and inspection procedures for all quality
conditions that have an effect on the acceptance of, or on the
amount of the purchase price of, fresh grapes for wine and byproduct
purposes.
(c) This section shall become operative on January 1, 1996.

41207.6. (a) In order to operate economically and reduce expenses
that may adversely impact persons subject to this chapter, the
committee may, on or before January 15 of any year, request the
director to utilize an appropriate entity, rather than personnel of
the department, to supply the field staff and supplies necessary to
provide inspection services.
(b) Notwithstanding subdivision (a), the director shall be
responsible for the enforcement of this chapter, the establishment of
enforcement procedures, and the uniformity, accuracy, and integrity
of inspection.
(c) This section is not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.

41207.7. The director may provide rules and procedures to be used
by the entity in administering this chapter. The procedures may
include:
(a) Employment, training, supervision, and compensation of
inspectors.
(b) Use of existing, and acquisition of, additional equipment and
supplies.

41207.8. The committee shall not recommend and the director shall
not utilize, an entity a majority of whose officers and employees are
persons regulated by this chapter.

41207.9. The entity shall keep an accurate record of expenses
incurred in performing its responsibilities. Those records shall be
available for audit during regular business hours upon request of the
director.

41207.10. The director may require an entity to correct or cease
any activity or function that is determined by the director not to be
in the public interest or in violation of this chapter, and shall
notify the entity in writing of these specific acts.

41207.11. The director shall reimburse the entity for its actual
and necessary expenses upon receipt of an approved invoice.

41208. The committee shall meet at the call of the chairperson or
at the request to the director of any three members of the committee.
The committee shall meet at least once a year. The meetings of the
committee shall be held at locations in California which will tend to
ensure industry participation and productive meetings.

41209. The director shall appoint an alternate member for each
committee member. In making the appointments, the director shall
appoint a wine producer as the alternate for each wine producer
member and a wine grape grower as the alternate for each wine grape
grower member, and shall consider persons suggested by the member for
whom the alternate is designated to serve.

41210. Alternate members shall serve at committee meetings only in
the absence of the member for whom they are designated as the
alternate.

41211. (a) The director, in consultation with the University of
California and the California State University, shall conduct a study
on the feasibility of establishing a public or private program, or a
combination thereof, for the development of new grape-based products
and their uses and for promoting and marketing these new products.
(b) The Wine Grape Inspection Advisory Committee, created pursuant
to Section 41201, shall form a subcommittee, consisting of five
grower members of the committee who shall each represent
geographically different grape growing regions of the state, to
advise the director with respect to the study described in
subdivision (a).
(c) The director shall report his or her findings to the Governor,
the Assembly Committee on Agriculture, and the Senate Committee on
Agriculture and Water Resources, not later than January 1, 1992.