SECTIONS 75531-75546 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 75531-75546

75531. (a) There is in the state government the California Apple
Commission.
(b) Except as provided in subdivision (e), the commission shall
consist of 12 producer and handler members as specified in this
article, and one public member.
(c) Except as provided in subdivision (e), eligible persons from
within the respective districts shall elect three producers and one
handler from District 1, three producers and one handler from
District 2, and three producers and one handler from District 3.
(d) The public member shall be appointed to the commission by the
secretary from nominees recommended by other members of the
commission.
(e) The commission may modify the number of producers who serve on
the commission to no less than six members and no more than 15
members, and may modify the number of producers elected from each
district. There shall be three handlers on the commission, one from
each district.
(f) The secretary and other persons, as determined by the
commission, shall be ex officio members of the commission.

75532. (a) The secretary may require the commission to correct or
cease any activity or function of the commission that is determined
by the secretary not to be in the public interest or that is in
violation of this chapter.
(b) If the commission refuses or fails to cease the specified
activities or functions or to make corrections required by the
secretary, the secretary, upon written notice, may suspend all or a
portion of the activities or functions of the commission until the
time that the cessation or correction of the activities or functions,
as required by the secretary, has been accomplished by the
commission.
(c) Any action of the commission in violation of the written
notice is without legal force or effect. The secretary, 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 that are the subject of the written
notice.
(d) At the same time the written notice is provided to the
commission, the secretary shall notify the commission in writing of
the specific acts that the secretary determines are not in the public
interest or are in violation of this chapter, the secretary's
reasons for requiring a cessation or correction of specific existing
or proposed activities or functions, and the secretary's
recommendations with respect to any action that will make the
activities or functions acceptable.

75533. The commission or the secretary may bring an action for
judicial relief from the secretary's written notice, or from
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.

75534. If the secretary is required to concur in a decision of the
commission, the secretary shall concur, refuse to concur, or request
additional information from the commission within 15 working days
from the date the secretary receives the notification of the
decision.

75535. The commission shall reimburse the secretary for all
expenditures incurred by the secretary in carrying out his or her
duties and responsibilities pursuant to this chapter. However, a
court, if it finds that the secretary acted arbitrarily or
capriciously in restricting the activities or functions of the
commission, may relieve the commission of the responsibility for
payment of the secretary's legal costs with regard to that action.

75536. (a) Three alternative members, one from each district, shall
be selected pursuant to procedures adopted by the commission.
(b) Under procedures established by the commission, any alternate
member may serve in place of any absent member on the commission in
the alternate's district and shall have all of the rights,
privileges, and powers of the member when serving on the commission.
(c) In the event of the death, removal, resignation, or
disqualification of a member, the alternate member shall act as a
member of the commission until a qualified successor is elected.

75537. Any vacancy on the commission occurring by the failure of
any person elected to or serving on the commission as a member or
alternate member to continue in his or her position due to a change
in his or her status, thereby making the person ineligible to serve,
or due to death, removal, resignation, or disqualification, shall be
filled for the unexpired portion of the term by a majority vote of
all of the remaining members of the commission. The appointee shall
meet all of the qualifications set forth in this article as required
for the member or alternate whose office he or she is to occupy.

75538. (a) Any producer member shall be a producer or an employee
representing a producer who has a financial interest in producing, or
causing to be produced, apples for market. Qualifications of
producer members shall be maintained during their entire term of
office.
(b) Any handler member, or employee representing that person,
shall have a financial interest in marketing or packing apples for
market. Qualifications of handler members shall be maintained during
their entire term of office.
(c) The public member and alternate on the commission, if
appointed, shall have all of the powers, rights, and privileges of
any other member or alternate member, respectively, on the
commission. The public member and alternate, if appointed, shall not
have any financial interest in the apple industry.
(d) Not more than one member and one alternate member shall be
persons employed by, or connected in a proprietary capacity with, the
same corporation, firm, partnership, association, or business
organization. Any alternate serving on the commission who is employed
by, or connected in a proprietary capacity with, a person serving as
a member on the commission from the same company, firm, partnership,
or business organization shall serve as an alternate to the member.

75539. The term of office of each member, except ex officio
members, is four years, commencing with the beginning of the
marketing year following his or her election and until a qualified
successor is elected or appointed, unless the term is earlier
terminated pursuant to subdivision (e) of Section 75531 in accordance
with procedures established by the commission.

75541. The commission is hereby declared and created a corporate
body. It may sue and be sued, enter into contracts, adopt a seal, and
has all of the powers of a corporation. Copies of its proceedings,
records, and acts, when authenticated, shall be prima facie evidence
of the truth of all statements therein.

75542. A quorum of the commission is a majority of the voting
members. Except as otherwise provided in this chapter, the vote of a
majority of the members present at a meeting at which there is a
quorum constitutes the act of the commission.

75543. The secretary or his or her representatives shall be
notified and may attend each meeting of the commission and any
committee meeting of the commission. However, the secretary may not
attend an executive session of the commission called for the purpose
of discussing potential or actual litigation against the secretary.

75544. No member or alternate member of the commission, or member
of a committee established by the commission who is a nonmember of
the commission, shall receive any compensation. Each member of the
commission or each alternate member serving in place of a member,
except ex officio members, and each member of a committee established
by the commission who is a nonmember of the commission, may receive
necessary traveling expenses and meal allowances as approved by the
commission.

75545. 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 banks which the commission may
designate and shall be disbursed by order of the commission through
an agent or agents designated by the commission for that purpose. 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).

75546. 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. No member, alternate
member, employee, or agent of the commission is personally liable for
the contracts of the commission nor is any such person responsible
individually in any way to any producer or any other person for
errors in judgment, mistakes, or other acts, either of commission or
omission, as a principal, agent, or employee, except for his or her
own individual acts of dishonesty or crime. No member, alternate
member, employee, or agent of the commission, is responsible
individually for any act or omission of any other member, alternate
member, employee, or agent of the commission. Liability is several
and not joint, and no member, alternate member, employee, or agent of
the commission is liable for the default of any other member,
alternate member, employee, or agent of the commission.