SECTIONS 69011-69030 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 69011-69030

69011. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

69012. "Pistachio" means any variety of pistachio produced in the
state, including any pistachios delivered to a processor for
processing into any pistachio product.

69013. "Books and records" means books, records, contracts,
documents, memoranda, papers, correspondence, or other written data
pertaining to matters relating to the activities subject to the
provisions of this chapter.

69014. "Commission" means the California Pistachio Commission.

69015. "Commissioner" means any member of the commission.

69016. "Distribute" means to engage in the business of a
distributor.

69018. "Secretary" means the Secretary of Food and Agriculture.

69019. "Districts" shall consist of the following:
(a) District 1 consists of Tulare, Kern, San Bernardino, San Luis
Obispo, Santa Barbara, Ventura, Los Angeles, Orange, Riverside, San
Diego, and Imperial Counties.
(b) District 2 consists of Kings, Fresno, Madera, and Merced
Counties.
(c) District 3 consists of all counties where pistachios are
produced that are not included in Districts 1 and 2.
The boundaries of any district may be changed by a two-thirds vote
of the commission, which is concurred in by the secretary, to ensure
proper representation by producers. The boundaries need not coincide
with county lines.

69020. "Ex officio member" shall be a nonvoting member of the
commission.

69022. "Processor" and "first handler" are synonymous and mean any
person engaged, within this state, in the operation of hulling and
drying pistachios that he or she has produced or purchased or
acquired from a producer, or that he or she is hulling and drying on
behalf of a producer, whether as owner, agent, employee, broker, or
otherwise. "Processor" does not include, however, a retailer, except
a retailer who purchases or acquires from, or hulls and dries on
behalf of, any producer, pistachios that were not previously subject
to regulation by the commission. When the processor is a corporation,
all the directors and officers of the corporation in their capacity
as individuals are included, and any liability for failure to collect
or make payment of assessments to which a corporate processor may be
subject pursuant to this chapter includes the same liability for
each individual director or officer of the corporation.

69023. "Marketing research" means any research relating to the sale
of pistachios.

69024. "Marketing season" or "fiscal year" means the period
beginning September 1 of any year and extending through the last day
of August of the following year.

69025. "Process" means to engage in the business of a processor.

69027. "Producer" or "grower" means any person who is engaged
within this state in the business of producing, or causing to be
produced for market, pistachios, and who, upon request, provides
proof of commodity sale.

69028. "Production research" means any research relating to the
production of pistachios.

69029. "Producer-supplier" means any producer who engages in the
operation of selling, marketing, or distributing pistachios that he
or she has produced, or has purchased or acquired from a processor.
It does not, however, include a retailer, except a retailer who
purchases or acquires from, or sells, markets, or distributes on
behalf of any producer, pistachios that were not previously subject
to regulation by the commission. When the producer-supplier is a
corporation, all of the directors and officers of the corporation in
their capacity as individuals shall be included, and any liability
for failure to submit records pursuant to a requirement to which a
corporate producer-supplier may be subject pursuant to this chapter
shall include identical liability upon each individual director and
officer of the corporation.

69030. 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 that
decision. The response may be a request that additional information
be provided.