SECTIONS 75021-75036 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 75021-75036

75021. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

75022. "Books and records" means books, records, contracts,
documents, memoranda, papers, correspondence, or other written data
pertaining to matters relating to the activities subject to this
chapter.

75023. "Commission" means the California Egg Commission.

75024. "Commissioner" means any member of the commission.

75025. "Director" means the Director of Food and Agriculture.

75026. "Districts" mean the following:
(a) District 1 (Southern California) consists of the Counties of
San Diego, Imperial, Orange, Riverside, San Bernardino, Los Angeles,
Ventura, Santa Barbara, Kern, and San Luis Obispo.
(b) District 2 (Northern California) consists of all counties not
included in District 1.
The boundaries of any district may be changed by a two-thirds vote
of the commission, which is concurred in by the director, to ensure
proper representation by handlers. The boundaries need not coincide
with county lines.

75027. "Eggs" means eggs from domesticated chickens handled in
California for human consumption in shell egg form, except those eggs
used for hatchery purposes.

75027.5. (a) "Egg products" means eggs that are not sold or used
for consumption in shell egg form and that have been processed into a
nonshell form.
(b) For purposes of this section, "processed" means cut, diced,
sliced, peeled, seasoned, salted, sugared, preserved, frozen, dried,
liquified, strained, pasteurized, separated into yolks and whites
(whether or not in natural proportions), or blended or mixed with not
more than 25 percent nonegg substances or ingredients.
(c) Food products that contain less than 75 percent egg
substances, or that historically have not been considered egg
products, shall not be considered an "egg product" for purposes of
this section.

75028. "Ex officio member" means a nonvoting member of the
commission.

75029. "Handle" means to engage in the business of a handler.

75030. (a) "Handler" means the first person who sorts, grades,
candles, or packages eggs, or who processes eggs into egg products,
or who markets eggs or egg products in California that he or she has
produced, purchased, or acquired from another person, or that he or
she is marketing on behalf of another person, whether as owner,
agent, employee, broker, or otherwise. When the handler 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 collect or make payment of assessments for which a
corporate handler may be subject pursuant to this chapter shall
include identical liability upon each individual director or officer
of the corporation. "Handler" does not include a retailer, except a
retailer who purchases or acquires eggs or egg products from any
producer, handler, or broker that were not previously subject to
assessment by the commission.
(b) For purposes of this chapter, any handler that owns, controls,
or is affiliated with any other person engaged in the handling of
eggs in any marketing year shall be considered to be the handler of
all eggs handled by that person.
"Affiliate" or "affiliated with" means a person who directly or
indirectly through one or more intermediaries, controls, is
controlled by, or is under the common direction and control of
another person.
"Control" means the possession, direct or indirect, of the power
to direct or cause the direction of the management and policies of
any person.
(c) All references to "handler" in this chapter, except for
Article 3 (commencing with Section 75051), Article 5 (commencing with
Section 75111), subdivision (a) of Section 75132, and Article 8
(commencing with Section 75171), but not including Sections 75175 and
75176, includes California handlers and out-of-state handlers,
unless otherwise specified.

75030.5. "Out-of-state handler" means any person located in another
state who handles eggs or egg products, as specified in Section
75030, in California.

75031. "Market" or "marketing" means to sell or otherwise cause to
be distributed eggs or egg products into commercial channels of trade
resulting in the sale of eggs or egg products in California.

75032. "Marketing research" means any research relating to the sale
of eggs or egg products.

75033. "Marketing season" or "fiscal year" means the period
beginning January 1 of each year and extending through December 31 of
the same year. However, the 1984-85 marketing season shall commence
within 30 days after the election of the first commission members as
provided in Article 5 (commencing with Section 75111).

75033.5. "Person" means an individual, sole proprietorship,
partnership, corporation, cooperative, limited liability company,
firm, or other business entity.

75035. "Producer" means any person who is engaged in the business
of producing, or causing to be produced, eggs or egg products for
market.

75036. "Secondary handler" means any person who purchases from a
handler, eggs or egg products that were previously subject to
assessment under this chapter.