SECTIONS 77221-77231 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77221-77231

77221. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

77222. "Pepper" means all types of fruit grown in California from
the plant family Solanaceae, Genus Capsicum, including seed.

77223. "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.

77224. "Commission" means the California Pepper Commission.

77225. (a) The commission shall be composed of five districts. The
boundaries of each district shall be established by a two-thirds vote
of the full commission, that is concurred in by the secretary.
District boundaries shall be established to reflect similar total
production among the districts in order to ensure proper
representation by producers. These boundaries need not coincide with
county lines.
(b) The boundaries of any district may be changed by a two-thirds
vote of the full commission, that is concurred in by the secretary,
when necessary to maintain similar total production among the
districts and to ensure proper representation by producers.

77226. (a) "Handler" means any person engaged in marketing of
peppers which the person has produced, purchased, or acquired from a
producer, or is marketing on behalf of a producer whether as owner,
agent, employee, broker, or otherwise. "Handler" does not include any
person who handles less than 100 tons of fresh peppers, or the
equivalent in dehydrated peppers or pepper seed, in a marketing year.
(b) "Handle" means to engage in the business of a handler.
(c) The tonnage threshold specified in subdivision (a) may be
increased by a two-thirds vote of the commission.
(d) The tonnage threshold specified in subdivision (a) may be
decreased only if approved by referendum pursuant to Sections 77311
to 77316, inclusive. For purposes of a referendum conducted pursuant
to this subdivision, the terms "producer" and "handler" in Section
77311 to 77316, inclusive, includes persons who would become subject
to this chapter if the referendum is approved.

77227. "Market" or "marketing" means to sell peppers.

77228. "Production research" means any cultural and biological
research relating to field production of peppers.

77229. "Marketing year" or "fiscal year" means the period beginning
March 1 of any year and extending through the last day of February
of the next year.

77230. (a) "Producer" means any person in this state who grows
peppers for market and who, upon request, provides proof of commodity
sale. "Producer" does not include any person who grows less than 10
acres of peppers, or produces less than 100 tons of fresh peppers, or
the equivalent in dry peppers or pepper seed, in the current
marketing year.
(b) The acreage and tonnage thresholds specified in subdivision
(a) may be decreased only if approved by referendum pursuant to
Section 77311 to 77316, inclusive. For purposes of a referendum
conducted pursuant to this subdivision, the terms "producer" and
"handler" in Sections 77311 to 77316, inclusive, include persons who
would become subject to this chapter if the referendum is approved.

77231. "Ex officio member" means a nonvoting member of the
commission.