SECTIONS 66521-66546 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 66521-66546

66521. As used in this chapter, the following words have the
following meaning set forth hereafter unless otherwise apparent from
the context.

66522. "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.

66523. "Books and records" means any book, record, account,
contract, document, memorandum, paper, correspondence, or other
written datum reflecting operations under this chapter.

66524. "Cartwright Act" means the act set forth in Chapter 2
(commencing with Section 16700), Part 2, Division 7 of the Business
and Professions Code.

66525. "Cause to be produced" means the proprietary functions of
initiating and supervising iceberg lettuce production.

66526. "Commission" means the California Iceberg Lettuce
Commission.

66527. "Commissioner" means any member of the commission.

66528. "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.

66529. "Director" means the Director of Food and Agriculture.

66530. "Fiscal year," means the period beginning April 1 of any
year and extending through March 31 of the following year.

66531. "Grower" means any person engaged within this state in the
business of producing or causing to be produced iceberg lettuce.

66532. "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.

66533. "Grower-shipper" has the same meaning as grower-handler.

66534. "Handle" means to perform any of the functions of a handler.

66535. "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.

66536. "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."

66537. "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.

66538. "Marketing season" has the same meaning as fiscal year.

66539. "Prepare for market" means to perform all functions of
harvesting and preparing iceberg lettuce for market or marketing.

66540. "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.

66541. "Producer" has the same meaning as grower.

66542. "Public representative" means a member of the commission
appointed to represent the public generally pursuant to subdivision
(c) of Section 66564.

66542.5. "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.

66543. "Standard box" means standard containers for iceberg lettuce
as such containers are defined in the California Administrative
Code.

66544. "Standard carton" has the same meaning as standard box.

66545. "Standard container" has the same meaning as standard box.

66546. "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.