SECTIONS 75051-75070 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 75051-75070

75051. There is in the state government the California Egg
Commission. The commission shall be composed of eight handler members
and one public member. Of the handler members, four shall be elected
by and from handlers from District 1, three shall be elected by and
from handlers from District 2, and one at-large handler shall be
elected who pays assessments exclusively on eggs or egg products
produced outside of California.

75052. The public member shall be appointed to the commission by
the director from the nominees recommended by the commission.

75053. The director, and other appropriate individuals and
organizations, as determined by the commission, are ex officio
members of the commission.

75054. (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 the activities or
functions or to make the 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 required by the
director has been accomplished by the commission.

75055. (a) Actions of the commission in violation of a written
notice have no 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.
(b) 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 and his or her reasons for requiring a cessation or
correction of specific existing or proposed activities or functions,
and he or she may make recommendations that will make the activities
or functions acceptable.

75056. The commission may bring an action for judicial relief from
the director's written notice, and the director may bring an action
for judicial relief 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.

75057. The commission shall reimburse the director for all
expenditures incurred by the director in carrying out his or her
duties and responsibilities under 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 the action.

75058. (a) Three alternate handler members, one from each district
and one who pays assessments exclusively on eggs or egg products
produced outside of California, shall be elected in the same manner
as the handler members.
(b) Under procedures established by the commission, any alternate
handler member may serve in place of any absent handler member on the
commission regardless of whether the alternate handler was chosen
from the district the absent handler member represents and shall have
all the rights, privileges, and powers of the handler member when
serving on the commission.
(c) In the event of death, removal, resignation, or
disqualification of a handler member, the alternate handler shall act
as a handler member on the commission until a qualified successor is
elected.

75059. (a) Any vacancy on the commission occurring for any reason,
including the failure of any elected member or elected alternate
member to continue in his or her position due to a change in status
making him or her ineligible to serve, or due to death, removal,
resignation, or disqualification, shall be filled for the unexpired
portion of the term by appointment by a majority vote of the
commission.
(b) The person so appointed shall fulfill all the requirements set
forth in this article for the member or the alternate member whose
office he or she is to fill.
(c) The qualification of any person to fill a vacancy on the
commission shall be certified by the commission, in writing, to the
director. The director shall notify the commission if he or she
determines that the person is not qualified.

75060. (a) Any handler member or his or her alternate shall be an
individual, partner, or employee of a handler who has a financial
interest in handling eggs or egg products for market. Not more than
two handler members on the commission and not more than one handler
member in any district shall be employed by or represent the same
corporation, firm, partnership, association, or business
organization.
(b) Handler members and alternates shall meet the requirements of
this section during their entire term of office.

75061. The public member or his or her alternate has all the
powers, rights, responsibilities, and privileges of any other member
on the commission.
The public member shall not have any financial interest in the egg
industry during the entire term of office.

75062. (a) Except as provided in subdivision (b), the term of
office of the elected commissioners is three years from the date of
their election and until their successors are qualified and elected.
(b) With respect to the first elected members of the commission,
two of the handlers from District 1 and two of the handlers from
District 2 shall serve for three years, and two of the handlers from
District 1 and one of the handlers from District 2 shall serve for
two years, with the determination of the term of each member to be
made by lot.
(c) With respect to the term commencing in 2001 only, the
alternate handler member who pays assessments exclusively on eggs or
egg products produced outside of California shall serve for two
years. Thereafter, the term of this member shall be as otherwise
provided by this chapter.
(d) An elected or appointed commissioner shall not serve more than
three consecutive terms.

75063. The public member shall serve a term of three years and
shall remain on the commission after the expiration of three years
until his or her successor is qualified and appointed.

75064. (a) The commission shall be and is hereby declared and
created as a corporate body.
(b) It may sue and be sued, may contract and be contracted with,
and has all of the powers of a corporation. It may adopt a corporate
seal.
(c) 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.

75065. A quorum of the commission is five voting commissioners.
Except as otherwise provided in this chapter, the commission may act
by a vote of a majority of the members present at a meeting at which
there is a quorum.

75066. The director or his or her representatives shall be notified
of, and may attend, each meeting of the commission and any committee
meeting of the commission. However, the director or his or her
representative or any other ex officio member is not entitled to
attend an executive session of the commission called for the purpose
of discussing potential or actual litigation involving either the
department or the organization represented by the ex officio member,
as the case may be.

75067. When a decision of the commission requires the concurrence
of the director, he or she shall indicate his or her response, in
writing, to the commission within 15 working days from notification
of the decision.

75068. (a) No commissioner, including alternates, or a member of a
committee established by the commission who is a nonmember of the
commission, shall receive a salary.
(b) Each commissioner and alternate, except ex officio
governmental members, and each member of a committee 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 at, or in traveling to and from,
meetings of the commission or committees 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.

75069. (a) All funds received by any person from the assessments
levied under the authority of this chapter, or otherwise received by
the commission, shall be deposited in the banks or other appropriate
financial institutions designated by the commission and shall be
disbursed by order of the commission through the agent or agents that
it designated for that purpose.
(b) 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 the amount of not less than
fifty thousand dollars ($50,000).

75070. (a) 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 are
limited to the funds collected by the commission.
(b) No member of the commission or alternate member, or any
employee or agent thereof, is personally liable on the contracts of
the commission or responsible individually in any way to any
producer, any 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 or her own individual
acts of dishonesty or crime.
(c) The commission shall accept full responsibility to defend any
member of the commission or alternate member, or any employee or
agent thereof, against any such claim, except for individual acts of
dishonesty or crime.
(d) No commissioner or alternate member shall be held responsible
individually for any act or omission of any other member of the
commission. The liability of the commissioners are several and not
joint, and no commissioner is liable for the default of any other
commissioner.