SECTIONS 66561-66585 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 66561-66585

66561. 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.

66561.3. 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.

66561.4. 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.

66561.5. The public member is appointed to the commission by the
director from nominees recommended by the commission.

66562. 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.

66563. 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.

66564. 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.

66565. 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.

66566. 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.

66567. Members-at-large and the public representative shall serve
3-year terms.

66568. 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.

66569. 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.

66571. Immediately after January 1, 1978, the director shall
establish a list of handlers in each district. Such list of handlers
may be established from lists of such persons whose names and
addresses appear on file in the department.

66572. The commission or the director, in preparing a list of
handlers to be used pursuant to this chapter, may omit from the list
any person who functions as a handler, but who handles less than
250,000 pounds of iceberg lettuce during a marketing season. Any
person so omitted from the list is not subject to this chapter,
including the payment of any assessments, and is not qualified as a
handler 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 handler at the time of preparing the list.

66573. Lists of handlers may be obtained whenever and in the manner
that the director deems necessary or advisable, including for the
purpose of checking, comparing, or correcting the lists. The handler
list shall, subject to any proper corrections, be final and
conclusive in making determinations relative to the number and
qualifications of handlers entitled to vote for commissioners.

66574. Any handler, whose name does not appear on the director's
list of handlers, but who is otherwise qualified to participate in
the commission activities, may have his or her name established
thereon by filing with the director a signed statement advising that
he or she handled iceberg lettuce in the immediately preceding
marketing season and giving the quantity handled in each district and
the quantity introduced into trade.

66575. Upon establishment of lists of handlers, the director shall
call meetings of handlers 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 members, the director, or
an authorized representative thereof, shall preside and receive
nominations and, at the conclusion of each meeting, shall announce
the names of persons nominated at the meeting and the time, the
manner, and instructions for voting by mail. Thereafter, within 10
days after the final district meeting, the director shall mail to all
handlers ballots for the election of members in the respective
districts, with instructions for voting by mail. All ballots are
required to be returned to the director and mailed for delivery
within 10 days after issuance by the director.

66576. Upon expiration of the voting period the director shall
tabulate all votes and shall announce the names of those persons
nominated for appointment as handler members of the commission from
each district and shall appoint the nominees as members of the
commission.

66577. Nonreceipt of notice of a meeting for the nomination of
commissioners or of ballots shall not invalidate any such meeting,
nomination, or election.

66578. The commission shall compile and maintain a list of
qualified handlers.

66579. Subsequent to the first election after January 1, 1978,
persons to be appointed to the office of commissioner by the director
shall be selected pursuant to such nomination and appointment
procedures as shall be established by the rules and regulations
adopted by the commission in accordance with the provisions of this
chapter and approved by the director.

66580. If the position of a handler member becomes vacant due to
failure to qualify, resignation, disqualification, death, or for any
other reason, the position shall be filled by a qualified handler who
is nominated by the handler members of the commission and appointed
by the director. Handlers to be considered for appointment to fill
any such vacancy shall, if possible, be handlers whose names are
submitted for consideration by the remaining handler members of the
district in which the vacancy occurs. Any nomination requires a
plurality of votes cast by the handler members. The appointment to a
vacated handler member position is for the unexpired term of office.
Any vacancy of a handler member position occurring within six months
prior to a regular district election may remain vacant until the next
regular election.

66581. (a) Except as provided in subdivision (b), nine members of
the commission, of which at least eight are handler members,
constitute a quorum at any meeting for the transaction of all
business and the carrying out of the duties of the commission.
However, pending the appointment of initial members-at-large and the
public representative, eight handler members constitute the quorum.
Members-at-large who are handlers may be deemed handler members, if
necessary, to fulfill the requirements of a quorum. Unless otherwise
provided by this chapter or fixed by the commission, the vote of a
majority of the commission members present at the meeting and
constituting a quorum shall constitute the act of the commission.
(b) Ten members of the commission, of which at least nine are
handler members, constitute a quorum during any period in which the
commission is increased to 19 members pursuant to Section 66561. All
other provisions of subdivision (a) otherwise apply to this
subdivision.

66581.5. The director or his or her representatives shall be
notified and may attend each meeting of the commission and any
committee meeting of the commission.

66582. No commissioner shall receive a salary. Each commissioner
shall be entitled to receive the sum of thirty-five dollars ($35) 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 travel expenses incurred in carrying out
the provisions of this chapter, maximum allowances for which shall be
established by the commission.

66583. All moneys received by the commission or its designated
agents from the assessments levied under the authority of this
chapter or otherwise received by the commission or 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 the strict accounting of all funds of the commission, in
the penal sum of not less than fifty thousand dollars ($50,000).

66584. 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, handler, shipper, or any
other person for errors in judgment, mistakes, or other acts, either
of commission or omission, as principal, agent, or employee of the
commission, except for their own individual acts of dishonesty or
crime. No commissioner shall be held responsible individually for 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.

66585. The powers and duties of the commission include, but are not
limited to, all of the following:
(a) To elect a chairman and, from time to time, any other officers
that it may deem advisable and to delegate to these officers any
administrative duties that may appear advisable.
(b) To adopt and, from time to time, alter, rescind, modify, and
amend all proper and necessary administrative bylaws, rules,
regulations, and orders for the exercise of its powers and the
performance of its duties, including rules for regulation of appeals
from any bylaw, 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 this chapter.
(d) To employ a person to serve, at the pleasure of the
commission, as president and chief executive officer of the
commission and other personnel, including legal counsel, that is
necessary to carry out this chapter. The Attorney General shall aid
and assist the commission upon its request and shall undertake
judicial proceedings 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 any liabilities and
borrow any funds in advance of receipt of assessments that 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 are subject to an annual
private audit by an auditing firm selected by the commission and
approved by the director. The audit shall be made a part of an annual
report to all handlers of iceberg lettuce, copies of which shall
also be submitted to the Legislature. In addition, the director may,
as he or she determines necessary, conduct, or cause to be conducted,
a fiscal and compliance audit of the commission.
(g) To investigate and prosecute civil violations of this chapter
and to file complaints with appropriate law enforcement agencies or
officers for criminal violations of this chapter.
(h) To maintain or expand the demand for iceberg lettuce
nationally and abroad by means of promotional, educational, and
similar programs and activities, including, but not limited to, the
advertising and publicizing of iceberg lettuce in all forms of media,
providing merchandising services and materials, conducting
educational meetings and demonstrations, and sponsoring or
participating in appropriate trade and food conferences.
(i) To undertake market, transportation, and other pertinent
studies and surveys; to present facts to, and negotiate with, private
and governmental bodies and agencies on matters affecting sales and
distribution and other concerns of iceberg lettuce production and
marketing; 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 iceberg lettuce.
(j) To make, in the name of the commission, contracts to render
service in formulating and conducting plans and programs, and any
other contracts or agreements that the commission may deem necessary
for the promotion of the sale of iceberg lettuce.
(k) To conduct, or contract with others to conduct, research as
authorized by this chapter. In connection with this 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 this research.
(l) To determine, subject to the limitations provided in Section
66621, not later than March 31 of each year, the assessment for the
following 12-month period beginning April 1 and ending March 31.
(m) To publish and distribute without charge bulletins or other
communications for dissemination of information relating to the
iceberg lettuce industry to producers, shippers, and handlers.
(n) To enter into cost-sharing advertising and sales promotion
with organizations representing other products, and with producers,
handlers, and other persons involved in marketing iceberg lettuce,
either individually or collectively, who are not subject to this
chapter.
(o) To fix the compensation for all employees of the commission.
(p) To appoint committees composed of both members and nonmembers
of the commission to advise the commission in carrying out this
chapter.
(q) To administer any state or federal program engaged in
activities affecting iceberg lettuce.