SECTIONS 65550-65576 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 65550-65576

65550. There is hereby created the California Table Grape
Commission to be thus known and designated. The commission shall be
composed of 21 fresh grape producers appointed by the director from
the nominees selected as provided by this article and one public
member appointed pursuant to Section 65575.1.

65551. 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.

65552. The commission may appoint a manager, 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 such powers and duties as may be delegated to them by the
commission. No such officer shall be a member of the commission.

65553. The members of the commission shall be natural persons, each
of whom shall be a citizen and resident of this state over the age
of 25 years, and each of whom, as an individual, partner or employee
of a producer or producers, is and has been actively engaged in
growing fresh grapes within this state for a period of at least five
years and is producing grapes subject to the provisions of this
chapter at the time of the election. Not more than two members shall
be persons employed by, or connected in a proprietary capacity with,
the same corporation, firm, partnership, association or business
organization; provided further, that not more than one member in any
one district shall be so employed or connected. The qualifications of
members of the commission, as herein set forth, must continue during
their term of office.

65554. Each of the seven districts shall be represented by three
members.

65555. The regular term of office of the members of the commission
shall be three years from the date of appointment and until their
successors are appointed, except that of the first members of each
district, one shall serve for one year, one shall serve for two years
and one shall serve for three years, with the determination of the
term of each such member to be made by lot. Thereafter, their
successors shall serve the regular term of office.

65556. Each member 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 any
election shall be entitled to two votes in such district, one for
each of two nominees. In the first election after the effective date
of this chapter, each producer entitled to vote in a district shall
be entitled to six votes in such district, one for each of the six
nominees, and the six nominees receiving the greatest number of votes
shall be nominated for appointment as the members of such district
for the initial terms hereunder. In the event of a tie vote which
shall result in failure to nominate two persons for each commission
membership available, there shall be another election held only
between those nominees, the tie vote for whom resulted in such
failure to so nominate required number of nominees.

65558. A nonprofit cooperative marketing association may vote by
proxy for any member, if so authorized in writing. Such proxy shall
be revocable at will.

65559. Immediately after the effective date of this chapter, the
director shall establish a list of producers in each district. Such
list of producers may be established from lists of such persons whose
names and addresses appear on file in the Department of Agriculture.
In establishing such lists of producers, the director may issue a
notice to shippers, requiring them to file with the director a
certified report showing the name and mail address of the shipper,
and the correct names and mail addresses of producers whose producing
operations are located within each district from whom the shipper
received fresh grapes during the next preceding season. Notice to
such shippers shall be published by the director for a period of not
less than five days in a newspaper of general circulation published
in each district, and shall be mailed to all shippers of record with
the department. The lists of producers shall be filed by shippers
within 10 days from the last date of publication of the notice.

65559.5. The commission or the director in preparing a list of
producers to be used under this chapter, may omit from such list any
person who makes only casual sales or sales as a result of activities
other than a commercial farm business venture. Any person so omitted
from such list shall not be subjected to the provisions, including
the payment of any assessments, of this chapter and shall not be
qualified as a producer under this chapter.
Any person omitted from a list pursuant to this section may be
included on any subsequent list if found qualified as a producer at
the time of preparing such list.

65560. In addition, the director may obtain lists of producers
whenever and in such manner as he may deem necessary or advisable,
for the purpose of checking, comparing or correcting such lists. Such
producer lists shall, subject to any proper corrections, be final
and conclusive in making determinations relative to the number and
qualifications of producers entitled to vote for commissioners in a
referendum, or those persons qualified as producers for any other
purpose.

65561. Any producer producing fresh grapes, whose name does not
appear upon the director's list of producers affected, may have his
name established thereon by filing with the director a signed
statement, advising that he produced such fresh grapes in the next
preceding season, and giving the quantity produced in each district
and the quantity delivered to shippers or introduced into trade.

65562. Upon establishment of such lists of producers, the Director
of Agriculture shall call meetings of producers in each district, for
the purpose of nominating persons to be appointed to the office of
commissioner. At each such district meeting for the nomination of
members, the director or a representative authorized by him shall
preside, and receive nominations, and at the conclusion of each such
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 each such meeting, the
director shall mail to all producers ballots for the election of
members in the respective districts, with instructions for voting by
mail. All votes shall be required to be delivered to the Director of
Agriculture or mailed for delivery within 10 days after issuance of
ballots by the director.

65563. Upon expiration of the voting period the director shall
tabulate all votes and shall announce the names of those persons
nominated for appointment as members of the commission from each
district and shall appoint one of the two nominees from each district
as a member of the commission; provided that in the appointment of
the first members of the commission after this chapter becomes
effective the director shall appoint three of the six nominees from
each district as members of the commission to serve in accordance
with Section 65555.

65564. Nonreceipt of notice of a meeting for the nomination of
commissioners or of ballots shall not invalidate any such meeting,
nomination or election.

65565. Subsequent to the first election after the effective date of
this chapter, the commission shall compile and maintain a list of
qualified producers and shall, at least 30 days prior to the date set
for any meeting for nomination to office of commissioner, certify
such list, to the director, and such list shall constitute the list
of producers qualified to vote in any such election.

65566. Subsequent to the first election after the effective date of
this chapter, persons to be appointed to the office of commissioner
by the Director of Agriculture shall be selected pursuant to such
nomination and appointment procedures as may be established by the
rules and regulations adopted by the commission in accordance with
the provisions of this chapter and approved by the director.

65567. 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.

65568. 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.

65569. No commissioner shall receive a salary. Each commissioner
shall receive the sum of twenty-five dollars ($25) per day for each
day spent in actual attendance on, or in traveling to and from,
meetings of the commission or on special assignment for the
commission, together with actual expenses incurred in carrying out
the provisions of this chapter. Traveling expenses shall be
reimbursed at the rate allowed to state employees per mile traveled
by automobile or actual fare when traveling by airplane, railway or
other manner of transportation.

65570. All moneys received by any person from the assessments
levied under the authority of this chapter or otherwise received by
the commission shall be paid to it, shall be deposited in such banks
as the commission may designate, and shall be disbursed by order of
the commission through such agent or agents as it may designate for
that purpose. Any such agent or agents shall be bonded by a fidelity
bond, executed by a surety company authorized to transact business as
such in the State of California, in favor of the commission,
conditioned upon the faithful performance of his duties, and in
addition, as to such treasurer, the strict accounting of all funds of
the commission, in the penal sum of not less than fifty thousand
dollars ($50,000).

65571. 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.

65572. The powers and duties of the commission shall include the
following:
(a) To elect a chairman, and from time to time such other officers
as it may deem advisable, and to delegate to such officers such
administrative duties as may appear advisable.
(b) To adopt and from time to time alter, rescind, modify and
amend all proper and necessary rules, regulations and orders for the
exercise of its powers and the performance of its duties, including
rules for regulation of appeals from any rule, regulation or order of
the commission.
(c) To administer and enforce this chapter, and to do and perform
all acts and exercise all powers incidental to or in connection with
or deemed reasonably necessary, proper or advisable to effectuate the
purposes of this chapter.
(d) To employ, and at its pleasure discharge, a manager,
treasurer, 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 to
incur such expenses as it may deem reasonably necessary and proper to
properly perform such of its duties as are authorized herein. The
Attorney General shall aid and assist the commission on its request
and shall undertake such judicial proceedings as requested by the
commission to undertake on its behalf.
(e) To establish offices and incur expense, and to enter into any
and all contracts and agreements, and to create such liabilities and
borrow such 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 books, records and accounts shall be open to
inspection and audit by the Department of Finance of the State of
California or other state officer charged with the audit of
operations of departments of the State of California.
(g) To investigate and prosecute civilly violations of this
chapter and to 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; to educate and instruct the public
with respect to fresh grapes; and 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; to arrange for the performance of
dealer service work providing display and other promotional
materials; to make market surveys and analyses; and to present facts
to and negotiate with state, federal and foreign agencies on matters
which affect the marketing and distribution of fresh grapes; and to
undertake any other similar activities which 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 such 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
such research or elsewhere respecting the marketing and distribution
of fresh grapes, the production, storage, refrigeration, inspection
and transportation thereof, to develop and discover the dietetic
value of fresh grapes and to develop and expand markets, and to
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 such research, the
commission shall have the power to accept contributions of, or to
match, private, state or federal funds that may be available for
these purposes, and to employ or make contributions of funds to other
persons or state or federal agencies conducting such research.
(l) To determine, subject to the limitations provided in Section
65600, not later than May 1 of each year, the assessment for the
following 12 months' period beginning May 1st and ending April 30th.
(m) 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.

65573. The provisions of this chapter except Sections 65550, 65551,
65553, 65554, 65555, 65556, 65558, to 65565, inclusive, shall not
become operative until the commission finds, in a referendum
conducted by the commission in which at least 40 percent of the total
number of producers established by the director as marketing 40
percent of the total volume marketed by all producers on the list
established pursuant to Sections 65559 to 65562, inclusive, during
the last completed marketing season participate, one or more of the
following:
(a) That not less than 65 percent or more of the producers as
certified by the commission in accordance with Section 65565, who
voted in such referendum, voted in favor of the provisions of this
chapter, and that such producers so voting 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 such
referendum; or
(b) That 51 percent or more of such producers who voted in such
referendum voted in favor of the provisions of this chapter and that
such producers so voting 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 such referendum.
The commission shall establish a period in which to conduct such
referendum which shall not be less than 10 days nor more than 60
days, and may prescribe such additional procedure as may be necessary
to conduct such referendum.
Nonreceipt of a ballot shall not invalidate such referendum. If
the commission finds that such favorable vote has been given as
herein provided, it shall so certify to the director and give notice
thereof by publication in a newspaper of general circulation in each
district in accordance with Section 6066 of the Government Code and
shall mail a copy of such notice to all producers and shippers whose
names and addresses may be on file with the commission. All
provisions of this chapter shall become effective upon completion of
publication and 15 days after such certification to the director.
If the commission finds that such assent has not been given as
herein provided, it shall so certify to the director, who shall
declare the operation of the provisions of this chapter and of the
commission suspended upon the expiration of the current marketing
season ending April 30, 1968. Thereupon, the operations of the
commission shall be wound up and funds distributed in the manner
provided in Sections 65662 and 65663 of this chapter.
Prior to the holding of the referendum, sureties shall have posted
a bond or security, acceptable to the director, in an amount which
the director shall determine to be sufficient to pay the costs of the
referendum should it prove unfavorable to the operation of the
commission.

65574. 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. Such members shall be natural persons, each of whom shall be
citizens and residents of this state, over the age of 25 years, each
of whom, as an individual, partner or employee of a shipper or
shippers, is and has been actively engaged in shipping fresh grapes
in this state for a period of at least five years.

65575. Members of the shipper advisory committee shall not receive
a salary. Each member of the shipper advisory committee shall receive
the sum of twenty-five dollars ($25) per day for each day spent in
actual attendance on, or in traveling to and from, meetings of the
commission or on special assignment for the commission together with
actual expenses incurred in carrying out the provisions of this
chapter. Traveling expenses shall be reimbursed at the rate allowed
to state employees per mile traveled by automobile or actual fare
when traveling by airplane, railway or other manner of
transportation.

65575.1. Not later than April 1 of 1979, and each third year
thereafter, the commission shall submit to the director the names of
three or more natural persons, each of whom shall be a citizen and
resident of this state and not a producer, shipper, or processor nor
financially interested in any producer, shipper, or processor, for
appointment by the director as a public member of the commission. The
director shall, not later than April 30 of 1979, and each third year
thereafter, appoint one of the nominees as the public member of the
commission to serve a three-year term on the commission. If all
nominees are unsatisfactory to the director, the commission shall
continue to submit lists of nominees until the director has made a
selection. Any vacancy in the office of public member of the
commission shall be filled by appointment by the director from the
nominee or nominees similarly qualified submitted by the commission
not later than the first day of the second month following the month
in which such vacancy occurs.

65575.2. 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.

65576. 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.