SECTIONS 74061-74078 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 74061-74078

74061. There is in state government, the Winegrowers of California
Commission. The commission shall be composed of 18 producers, 18
vintners, and may include one public member.
(a) Producers within District 7 shall elect one producer member;
producers within Districts 2, 3, 4, and 6 shall each elect two
producer members; producers within District 5 shall elect four
producer members; and producers within District 1 shall elect five
producer members to serve on the commission. Alternate producer
members shall be elected in the same manner. Each producer member and
alternate producer member shall be elected from the district in
which he or she produces the greatest portion of his or her winegrape
tonnage.
(b) Vintner members shall be elected by the industry at large and
serve on the commission without reference to any county, district, or
area of the state.
(c) The public member may be appointed to the commission by the
director from nominees recommended by the commission.
(d) The director, and other appropriate individuals as determined
by the commission, shall be ex officio members of the commission.

74062. Periodically, the number of producer members and their
respective alternate members serving on the commission from any
district shall be reapportioned in a manner that assures
representation in accordance with the value of winegrapes produced in
each district. However, no district shall have less than one member
nor more than five members on the commission.

74063. (a) The director may require the commission to correct or
cease any existing activity or function which is determined by the
director not to be in the public interest or which is in violation of
this chapter.
(b) If the commission refuses or fails to cease these activities
or functions or to make these corrections as required by the
director, the director may, upon written notice, suspend all or a
portion of the activities or functions of the commission until the
time that the cessation or correction of activities or functions as
required by the director has been accomplished by the commission.
(c) Actions of the commission in violation of the written notice
are without legal force or effect. The director, 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 which are the subject of the written
notice.
(d) Upon service of the written notice, the director shall notify
the commission in writing of the specific acts which he or she
determines are not in the public interest or are in violation of this
chapter, the reasons for requiring a cessation or correction of
specific existing or proposed activities or functions, and may make
recommendations that will make the activities or functions
acceptable.

74064. The commission or the director may bring an action for
judicial relief from the director's written notice or for
noncompliance by the commission with the written notice, as the case
may be, in a court of competent jurisdiction which may issue a
temporary restraining order, permanent injunction, or other
appropriate relief.

74065. When the director is required to concur in a decision of the
commission, he or she 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.

74066. The commission shall reimburse the director for all
expenditures incurred by the director in carrying out his or her
duties and responsibilities pursuant to this chapter. However, the
court may, if it finds that the director acted arbitrarily or
capriciously in restricting the activities or functions of the
commission, relieve the commission of the responsibility for payment
of the director's legal costs with regard to that action.

74067. Each member of the commission, except the ex officio
members, shall have an alternate member to be elected in the same
manner as the member. An alternate member shall, in the absence of
the member of whom he or she is an alternate, serve in place of the
member on the commission and have and be able to exercise all the
rights, privileges, and powers of the member when serving on the
commission. In the event of death, removal, resignation, or
disqualification of a member, the alternate shall serve as a member
on the commission until a successor is elected and has qualified.

74068. Any producer member and his or her alternate member shall be
a person, or an employee representing a producer, who has a
financial interest in producing, or causing to be produced,
winegrapes for market. The qualifications of producer members and
alternate members shall be maintained during the entire term of
office. No more than one member and his or her alternate members
shall be employed by or connected in a proprietary capacity with the
same producer. However, producer membership in an agricultural
nonprofit cooperative association or trade organization shall not be
considered employment or being in a proprietary capacity.

74069. Any vintner member and his or her alternate member shall be
a person, or an employee representing a vintner, who has a financial
interest in processing winegrapes for market. The qualifications of
vintner members and alternate members shall be maintained during the
entire term of office. No more than one member and his or her
alternate member shall be employed by or connected in a proprietary
capacity with the same vintner. However, vintner membership in an
agricultural nonprofit cooperative association or trade organization
shall not be considered employment or being in a proprietary
capacity.

74070. The public member and his or her alternate member shall have
all the rights, privileges, and powers of any other member of the
commission. The public member shall not have any financial interest
in the wine or winegrape industry.

74071. The term of office of members and alternate members shall be
for two years or until their successors have been elected and have
qualified. However, of the first members of the commission, one-half
of the vintner members and their alternate members shall serve for
one year; one-half of the producer members and their alternate
members and one-half of the vintner members and their alternate
members shall serve for two years. The determination of the term of
each member shall be made by lot. No member or alternate member shall
serve more than four consecutive terms.

74072. No less than 10 producer members and 10 vintner members,
including alternate members when acting in place of the members,
shall constitute a quorum of the commission.

74073. The vote of a majority of the members, or alternate members
when acting in the place of the members, present at the meeting at
which there is a quorum shall constitute the act of the commission.
However, for an affirmative vote to be valid, it shall include not
less than five producer members and five vintner members.

74074. 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.

74075. The director or his or her representatives shall be notified
and may attend meetings of the commission and any committee meetings
of the commission.

74076. No member of the commission or member of a committee
established by the commission who is a nonmember of the commission
shall receive a salary. Each member of the commission, except ex
officio government members, and each member of a committee
established by the commission who is a nonmember of the commission,
may receive an amount not to exceed one hundred dollars ($100) per
day, as established by the commission. This amount shall be paid for
each day spent in actual attendance at, 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.
Members shall also receive necessary traveling expenses and meal
allowances, as approved by the commission.

74077. All funds received from the assessments levied pursuant to
this chapter or otherwise received by the commission shall be
deposited in banks which the commission may designate and shall be
disbursed by order of the commission through an agent or agents as it
may designate. The agent or agents shall be bonded by a fidelity
bond, executed by a surety company authorized to transact business in
this state, in favor of the commission, in an amount of not less
than twenty-five thousand dollars ($25,000).

74078. (a) The state is not 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 are limited
to the funds collected by the commission.
(b) No member, alternate member, or any employee or agent of the
commission, is personally liable for the contracts of the commission
or for errors in judgment, mistakes or other acts, either of
commission or omission, except for their own individual acts of
dishonesty or crime. Liability is several and not joint, and no
member, alternate member, or any employee or agent of the commission
is liable individually for the default, act, or omission of any other
member, alternate member, or any employee or agent of the
commission.