SECTIONS 77001-77008 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77001-77008

77001. The production and handling of walnuts constitute an
important industry of this state. This industry not only provides
substantial and necessary revenues for the state and employment for
its citizens, but also furnishes essential food vital to the public
health and welfare.

77002. The maintenance and expansion of the walnut industry of
California is necessary to ensure the consuming public of a
continuous supply of this vital food and the maintenance of needed
levels of income for those engaged in the walnut industry of this
state.

77003. It is necessary for human nutrition and public benefit that
the public be made aware of accurate and scientific information
relative to the beneficial qualities of walnuts and of the production
and distribution costs necessary to make walnuts available to the
consuming public.

77003.5. The establishment of the commission is necessary for the
efficient development and management of a national and international
advertising and promotion program that will enhance the reputation of
the California walnut industry, create a more receptive environment
for the industry and its products, and increase competitiveness of
the California walnut industry within the national and international
marketplace. The commission is necessary to carry out the California
walnut industry's commitment to responsible stewardship and
increasingly efficient cultural practices.

77003.6. The successes that the walnut industry of California have
enjoyed have come about in part through a commitment to
industry-funded research that has led to significant improvements in
the quality of the walnuts available to consumers and increasingly
efficient cultural practices resulting in increased awareness of, and
a more receptive environment for, the production and handling of
walnuts in domestic and foreign markets. It has also led to walnuts
being a better consumer value. The establishment of the commission
will maintain and enhance this research effort and make it possible
for the walnut industry to realize its potential, resulting in
increased consumer value and enhanced producer returns.

77004. The production and handling of walnuts 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.

77005. No action taken by the commission, nor by any individual in
accordance with this chapter or with the rules and regulations
adopted under this chapter, is a violation of the 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 1700) of that Part 2), or
any statutory or common law against monopolies or combinations in
restraint of trade.

77006. This chapter shall be liberally construed. If any provision
of this chapter or the application thereof to any person or
circumstances is held invalid, the invalidity shall not affect other
provisions or applications of the chapter which can be given effect
without the invalid provision or application, and to this end the
provisions of this chapter are severable.

77007. 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 concerned and that this representation and furtherance is
intended to serve the public interest. Accordingly, the Legislature
finds that, with respect to persons who are elected or appointed to
the commission, the particular agricultural industry concerned is
tantamount to, and constitutes, the public generally within the
meaning of Section 87103 of the Government Code.

77007.5. Opportunity exists for continued growth and expansion of
the walnut industry by creating new markets. The success of that
expansion program is uniquely dependent upon effective advertising,
promotion, and research since the creation of new markets is
essentially a matter of educating and informing people of the use,
nutritional value, and availability of the commodity and enhancing
the reputation of the California walnut industry. The expansion of
the walnut 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.

77008. The commission form of administration created by this
chapter is uniquely situated to provide those engaged in the
production of walnuts the opportunity to avail themselves of the
benefits of collective action in the broad fields of development,
maintenance, and expansion of markets, advertising, promotion,
marketing research, public information and education, and production
and processing research necessary to achieve the purposes stated in
this chapter.