SECTIONS 68051-68065 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 68051-68065

68051. There is in the state government the California Kiwifruit
Commission, a state agency operating under authority of this chapter.
The commission shall be composed of eight kiwifruit producers who
are not handlers, one producer member-at-large, one handler, and one
public member. Eight producers, one from each district, shall be
elected by and from producers within the respective districts. The
producer member-at-large shall be elected by and from producers
statewide. The handler member shall be elected by and from handlers
statewide.
The public member shall be appointed to the commission by the
secretary from the nominees recommended by the commission.
The secretary, the handler member, and other appropriate
individuals as determined by the commission shall be nonvoting ex
officio members of the commission.

68052. The secretary may require the commission to correct or cease
any existing or proposed activity or function that is determined by
the secretary to be in violation of this chapter or not to be in the
public interest.
If the commission refuses or fails to cease those activities or
functions or to make corrections as required by the secretary, the
secretary may, upon written notice, suspend all or a portion of the
activities and functions of the commission until such time that the
cessation or correction of activities or functions as required by the
secretary has been accomplished by the commission.
Actions of the commission in violation of the written notice shall
be without legal force or effect. The secretary, to the extent
feasible, shall issue the written notice prior to the commission
entering into any contractual relationship affecting the existing or
proposed activities or functions that are the subject of the written
notice.
Upon service of the written notice, the secretary shall notify the
commission, 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 the secretary may make recommendations that will make those
activities or functions acceptable.

68053. The commission or secretary may bring an action for judicial
relief from the secretary's written notice, or from noncompliance by
the commission with the written notice, in a court of competent
jurisdiction, which may issue a temporary restraining order,
permanent injunction, or other applicable relief.

68054. The commission shall reimburse the secretary for all
expenditures incurred by the secretary in carrying out his or her
duties and responsibilities under this chapter. However, the court
may, if it finds that the secretary acted arbitrarily or capriciously
in restricting the activities or functions of the commission,
relieve the commission of responsibility for payment of the secretary'
s legal costs with regard to the action.

68054.5. Each member of the commission, except the ex officio
members, has an alternate member, who is elected in the same manner
as the member. An alternate member, in the absence of the member for
whom he or she is alternate, serves in place of the member on the
commission, and has, and exercises, all the rights, privileges, and
powers of the member when serving on the commission. In the event of
death, removal, resignation, or the disqualification of a member, the
alternate shall act as a member on the commission until a successor
is elected and has qualified as provided in Section 68055.

68055. Any vacancy on the commission including, but not limited to,
the failure of any person elected to the commission as a member or
alternate member to continue in his or her position due to a change
in status making the member ineligible to serve, or through death,
removal, or resignation, shall be filled, for the term, by the
commission by majority vote. However, that person shall fulfill all
the qualifications set forth in this article as required for the
office he or she is to fill. Qualifications of any person to fill a
vacancy on the commission shall be certified, in writing, to the
secretary. The secretary shall notify the commission if he or she
determines that any such person is not qualified.

68056. Any producer member or his alternate on the commission shall
be an individual or an employee representing a producer who has a
financial interest in producing, or causing to be produced, kiwifruit
for market. The qualifications of a producer member and an alternate
producer member shall be maintained during the entire term of
office.
Any handler member or his alternate shall be an individual or an
employee representing a handler who has a financial interest in
handling kiwifruit for market. The qualifications of a handler member
and an alternate handler member shall be maintained during the
entire term of office.
The public member or his alternate on the commission, shall have
all the powers, rights, and privileges of any other member on the
commission. The public member shall not have any financial interest
in the kiwifruit industry.

68057. The term of office of all commissioners, except any ex
officio member, shall be for two years from the date of their
election and until their successors are qualified; provided, however,
that of the first members of the commission, one-half shall serve
for one year, and one-half shall serve for two years, with the
determination of term of each such member to be made by lot at the
time of election. The same selection procedure shall apply to the two
handler members. Terms of office of each commissioner shall be
limited to four consecutive terms, except that any member selected to
serve a one-year term may serve one additional two-year term.

68058. 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 may adopt a corporate seal. 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.

68061. A quorum of the commission shall be any seven voting
commissioners. Except as provided in Sections 68030 and 68132, the
vote of a majority of members present at a meeting at which there is
a quorum shall constitute the act of the commission.

68062. The secretary or the secretary's representatives shall be
notified and may attend each meeting of the commission and any
committee meeting of the commission. However, the secretary shall not
be entitled to attend an executive session of the commission called
for the purpose of discussing potential or actual litigation against
the department.

68062.5. When the secretary is required to concur in a decision of
the commission, the secretary shall indicate his or her response to
the commission within 15 working days from notification of the
decision. The response may be a request that additional information
be provided.

68063. No commissioner or member of a committee established by the
commission who is a nonmember of the commission shall receive a
salary. Each commissioner, except ex officio government members, and
each member of a committee established by the commission who is a
nonmember of the commission may receive a sum of not to exceed one
hundred dollars ($100) per day, as established by the commission, for
each day spent in actual attendance on, or in traveling to and from,
meetings of the commission or committees of the commission, or on
special assignment for the commission, as approved by the commission,
together with the necessary traveling expenses and meal allowances,
as approved by the commission.

68064. All moneys received by any person from the assessments
levied under the authority of this chapter or otherwise received by
the commission, 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, in the penal sum of
not less than twenty-five thousand dollars ($25,000).

68065. The state shall not be liable for the acts of the commission
or its contracts. Payments 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 alternate member, or any employee or agent thereof,
shall be personally liable on the contracts of the commission nor
shall a commissioner, alternate member, or employee of such
commission be responsible individually in any way to any producer or
handler or any other person for error in judgment, mistakes, or other
acts, either of commission or omission, as principal, agent, or
employee, except for his own individual acts of dishonesty or crime.
The commission accepts full responsibility to defend any member of
the commission or alternate member, or an employee or agent thereof,
against any such claim, except for individual acts of dishonesty or
crime. No commissioner or alternate member shall be held responsible
individually for any act or omission of any 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.