SECTIONS 74801-74808 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 74801-74808

74801. The production and distribution of winegrapes constitute an
important industry of this state which provides substantial and
necessary revenues for the state and employment for its citizens. It
also furnishes an important food which benefits the public health and
welfare.

74802. The maintenance and expansion of the winegrape industry of
California and of its local, national, and foreign markets is
necessary to assure the consuming public of a continuous supply of
these products and needed levels of income for those engaged in the
winegrape industry in this state.

74803. It is in the public interest that the public be made aware
of accurate and scientific information relating to the beneficial
qualities of winegrapes and winegrape products.

74804. The production and marketing of winegrapes and winegrape
products produced in this state is hereby declared to be affected
with a public interest. This chapter is enacted in the exercise of
the police power of this state for the purpose of protecting the
health, peace, safety, and general welfare of the people of this
state.

74805. No action taken by the commission nor by any individual in
accordance with this chapter or with the rules and regulations
adopted under the chapter is a violation of the so-called Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division
7 of the Business and Professions Code), the Fair Trade Act (Chapter
3 (commencing with Section 16900) of that Part 2), the Unfair
Practices Act (Chapter 4 (commencing with Section 17000) of that Part
2), or any statutory or common law against monopolies or
combinations in restraint of trade. Proof that any action complained
of was done in compliance with this chapter shall be a complete
defense to the action or proceeding.

74806. This chapter shall be liberally construed. If any provision
of this chapter or the application thereof to any person or
circumstances is held invalid, that invalidity shall not affect other
provisions or applications of this chapter which can be given effect
without the invalid provision or application, and to this end the
provisions of this chapter are severable.

74807. It is hereby declared as a matter of legislative
determination that members of the commission are intended to
represent and further the interest of a particular agricultural
industry, and that this representation and furtherance is intended to
serve the public interest. Accordingly, the Legislature finds that
with respect to persons who serve on the commission, the particular
agricultural industry is tantamount to, and constitutes the public
generally within the meaning of Section 87103 of the Government Code.

74807.5. The winegrape industry in this state is expanding.
Opportunity exists for continued growth and expansion of the industry
by creating new markets in areas of the state and the country. The
success of an expansion program is uniquely dependent upon effective
market development, promotion, and research because the creation of
new markets is essentially a matter of educating and informing people
of the use, nutritional value, and availability of a previously
unrecognized food. The expansion of the winegrape industry also
provides an important source of jobs for many people in this state, a
high proportion of whom reside in historically depressed areas of
the state, and serves to ensure the preservation of an agrarian
society.

74808. The commission form of administration created by this
chapter is uniquely situated to provide those engaged in the
production of winegrapes the opportunity to avail themselves of the
benefits of collective action in the broad fields of market
development, marketing research, and production and processing
research necessary to achieve the purposes stated herein.