SECTIONS 77410-77425 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77410-77425

77410. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

77411. "Strawberries" mean all strawberries produced in California
for commercial purposes.

77412. "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.

77413. "Commission" means the California Strawberry Commission.

77414. "Crate" means a shipping container holding more than six
pint baskets, or the equivalent volume thereof, and no more than 12
pint baskets, or the equivalent volume thereof, used in preparing for
market or marketing strawberries for fresh consumption. A shipping
container holding six pint baskets, or the equivalent volume thereof,
shall be considered to be a half-crate. Assessments on a half-crate
shall be one-half of the rate for a crate of strawberries. A shipping
container holding more than 12 pint baskets, or the equivalent
volume thereof, shall be assessed at a rate determined by the
commission.

77415. "Director" means the Director of Food and Agriculture.

77416. "Districts" consist of the following:
(a) District 1 consists of San Diego, Imperial, and Riverside
Counties.
(b) District 2 consists of Los Angeles, Orange, and San Bernardino
Counties.
(c) District 3 consists of Santa Barbara and San Luis Obispo
Counties.
(d) District 4 consists of Ventura County.
(e) District 5 consists of Madera, Fresno, Kings, Tulare, Kern,
Inyo, Merced, Stanislaus, San Joaquin, and Sacramento Counties and
all other counties within the State of California not included in
Districts 1 to 4, inclusive, and District 6.
(f) District 6 consists of Alameda, Monterey, San Benito, San
Mateo, Santa Clara, and Santa Cruz Counties, and the City and County
of San Francisco.
The boundaries of any district may be changed by a two-thirds vote
of the commission, which is concurred in by the secretary, to ensure
proper representation. The boundaries need not coincide with county
lines.

77417. "Ex officio members" are nonvoting members of the
commission.

77417.5. "Market" or "marketing" means to sell or otherwise
distribute strawberries into commercial channels or trade resulting
in the sale of strawberries.

77418. "Marketing research" means any research relating to the sale
of strawberries.

77419. "Marketing season" or "fiscal year" are synonymous terms and
mean the period beginning February 1 of any year and extending
through the last day of January of the following year.

77420. "Process" and "processing" are synonymous terms and mean the
operations of receiving, cleaning, grading, capping, slicing,
canning, freezing, preserving, or otherwise changing the form of the
strawberries in preparing them for market.

77421. "Processor" means any person who performs any of the
functions of processing strawberries within California. When a
processor is a corporation, all of the directors and officers of the
corporation in their capacity as individuals shall be included, and
any liability for failure to collect or make payment of assessments
for which a corporate processor may be subject pursuant to this
chapter shall include identical liability upon each individual
director or officer of the corporation. It does not, however, include
a retailer, except a retailer who purchases or acquires from, or
processes on behalf of, any producer, strawberries that were not
previously subject to assessment by the commission.

77422. "Producer" and "grower" are synonymous terms and mean any
person who produces or causes to be produced strawberries for market
and who shall, upon request of the commission, provide proof of
commodity sale.

77423. "Production research" means any research relating to the
production, harvest, and post harvest handling of strawberries.

77424. "Ship" and "shipping" are synonymous terms and mean the
operations of receiving, grading, cleaning, transporting,
distributing, or otherwise preparing for market or marketing
strawberries in other than processed form.

77425. "Shipper" means any person who performs any of the functions
of shipping strawberries within California. When the shipper is a
corporation, all of the directors and officers of the corporation in
their capacity as individuals shall be included, and any liability
for failure to collect or make payment of assessments for which a
corporate shipper may be subject pursuant to this chapter shall
include identical liability upon each individual director or officer
of the corporation. It does not, however, include a retailer, except
a retailer who purchases or acquires from, or ships on behalf of, any
producer, strawberries that were not previously subject to
assessment by the commission.