SECTIONS 77021-77034 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77021-77034

77021. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

77022. "Walnuts" means only walnuts of the English (Juglans regia)
varieties grown in California.

77023. "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.

77024. "Commission" means the California Walnut Commission.

77026. "Handle" or "handling" means to market, pack, sell, consign,
transport, or ship, except as a common or contract carrier of
walnuts owned by another person, or in any other way place walnuts,
inshell or shelled, into commerce either within the area of
production or from the area of production to any other point outside
thereof, or for a manufacturer or retailer within the area of
production to purchase directly from a producer. "Handle" or
"handling" does not include sales and deliveries within the area of
production by producers to handlers, or between handlers.

77027. (a) The districts consist of the following:
(1) District 1 consists of the counties in the state that lie
north of a line drawn on the south boundaries of the Counties of San
Mateo, Alameda, San Joaquin, Calaveras, and Alpine.
(2) District 2 consists of all other walnut producing counties in
the state south of the boundary line set forth in paragraph (1).
(b) The boundaries of any district may be changed by a two-thirds
vote of the full commission, which is concurred in by the secretary,
when necessary to maintain similar total production among the
districts and to ensure proper representation by producers. These
boundaries need not coincide with county lines.

77028. "Handler" means any person who handles inshell or shelled
walnuts.

77029. "Pack" means to bleach, clean, grade, shell, or otherwise
prepare walnuts for market as inshell or shelled walnuts.

77030. "Marketing research" means any research relating to the
marketing of walnuts in domestic or foreign markets.

77031. "Marketing year" or "fiscal year" means the period from
August 1 of any year to July 31, inclusive, of the next year.
Beginning September 1, 2008, "marketing year" or "fiscal year" means
the period from September 1 of any year to August 31, inclusive, of
the next year.

77031.5. "Person" means any individual, partnership, limited
liability partnership, corporation, limited liability company, or
other association or entity doing business in California.

77032. "Producer" means any person in this state who grows walnuts
for market and who, upon request, provides proof of commodity sale.
"Producer" does not include any person who handles 2,000 pounds or
less of walnuts during a market year.

77033. "Ex officio member" means a nonvoting member of the
commission.

77034. "Advertising and sales promotion" means, in addition to its
ordinarily accepted meaning, any plan directed toward increasing the
sale of walnuts in domestic or foreign markets. No advertising or
sales promotion plan shall make use of false or unwarranted claims on
behalf of any product, or disparage the quality, value, sales, or
use of any other commodity.