SECTIONS 76051-76067 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 76051-76067

76051. (a) There is in state government the California Cherry
Commission. The commission is composed of eight cherry producers or
grower-handlers who are not shippers, two cherry shippers, and one
public member. Producers and grower-handlers within the respective
districts shall elect two producers or grower-handlers from District
1, one producer or grower-handler from District 2, three producers or
grower-handlers from District 3, one producer or grower-handler from
District 4, and one producer or grower-handler from District 5.
(b) Cherry shippers shall elect two shipper members.
(c) The public member shall 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.

76052. (a) The districts consist of the following:
(1) District 1 is all that area in San Joaquin County east of Jack
Tone Road or any extension of that road.
(2) District 2 is all that area in San Joaquin County north of
Live Oak Road and west of Jack Tone Road or any extension of that
road.
(3) District 3 is all that area in San Joaquin County not included
in Districts 1 and 2, and all of Stanislaus County.
(4) District 4 is all of San Benito and Santa Clara Counties.
(5) District 5 is all other counties.
(b) The boundaries of any district may be changed by a two-thirds
vote of the commission, which is concurred in by the director, to
insure proper representation by producers. The boundaries need not
coincide with county lines.

76053. 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 after receiving the decision. The
response may be a request that additional information be provided.

76054. (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 any corrections 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 commission
complies with the director.
(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, and the reasons for requiring a cessation or correction of
specific existing or proposed activities or functions. The director
may make recommendations that will make the activities or functions
acceptable.

76055. The commission or the director may bring an action for
judicial relief from the director'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
applicable relief.

76056. 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 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.

76057. 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 alternative member shall, in the absence of
the member for whom he or she is an alternate, serve in place of the
member on the commission, and shall 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 the
disqualification of a member, the alternate shall act as a member of
the commission until a successor is elected and has qualified.

76058. Any vacancy on the commission occurring by the failure of
any person elected to the commission as a member or alternate member
to continue in his or her position due to a change in status making
that member ineligible to serve, or due to death, removal or
resignation, shall be filled, for the unexpired portion of the term,
by a majority vote of the commission. However, the person chosen
shall fulfill all the qualifications set forth in this article as
required for the member whose office he or she is to fill.
Qualifications of any person to fill a vacancy on the commission
shall be certified in writing to the director. The director shall
notify the commission if he or she determines that the person is not
qualified.

76059. (a) Any producer member, grower-handler member, or the
member's alternate on the commission shall be an individual or an
employee representing a producer who has a financial interest in
producing, or causing to be produced, cherries for market or
processing. The qualifications of a producer member, grower-handler
member, and an alternate producer or grower-handler member shall be
maintained during the entire term of office.
(b) Any shipper member or his or her alternate shall be an
individual or an employee representing a shipper who has a financial
interest in handling cherries for market or processing. The
qualifications of a shipper member and an alternate shipper member
shall be maintained during the entire term of office.
(c) Not more than one producer member, grower-handler member, or
shipper member shall be a person employed by, or connected in a
proprietary capacity with, the same corporation, firm, partnership,
association, or business organization.

76060. The public member or his or her alternate on the commission,
shall have all the powers, rights, and privileges of any other
member on the commission. The public member shall not have any
financial interest in the cherry industry.

76061. The term of office of all members of the commission, except
any ex officio member, shall be two years from the date of their
election and until their successors are qualified. However, of the
first members of the commission, one-half of the producers or
grower-handlers and shippers shall serve for one year, and one-half
of the producers or grower-handlers and shippers shall serve for two
years, with the determination of term of each such member to be made
by lot at the time of election. Terms of office of each commissioner
shall be limited to four consecutive terms, except that any member
selected for a one-year term may serve not more than five consecutive
terms.

76062. 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
admissable in evidence in all courts of the state, and shall be prima
facie evidence of the truth of all statements therein.

76063. A quorum of the commission shall be any six voting
commissioners. Except for Sections 76052 and 76182, the vote of the
majority of members present at a meeting at which there is a quorum
shall constitute the act of the commission.

76064. The director or his or her representative shall be notified
and may attend meetings of the commission, including committee
meetings.

76065. No member of the commission or member of a committee
established by 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 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 of the commission, 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.

76066. All money received by any person from the assessments levied
under the authority of this chapter or otherwise received by the
commission, shall be deposited in any bank that the commission may
designate and shall be disbursed by order of the commission through
any agent or agents that it may designate for that purpose. Any such
agent or agents shall be bonded by a fidelity bond, executed by a
surety company authorized to transact business as such in the state
in favor of the commission, in the amount of not less than
twenty-five thousand dollars ($25,000).

76067. (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 shall be
limited to the funds collected by the commission.
(b) No member of the commission or alternate member, or any
employee or agent therefor, shall be personally liable on the
contracts of the commission; be responsible individually in any way
to any producer, processor, shipper, or grower-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; or be held
responsible individually for any act or omission of any member of the
commission. Liability shall be several and not joint, and no member
of the commission shall be liable for the default of any other member
of the commission.