SECTIONS 77430-77447 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77430-77447

77430. (a) There is in the state government the California
Strawberry Commission. Except as provided in subdivision (d), the
commission shall be composed of 13 producers, five shippers, five
processors, and one public member.
(b) Except as provided in subdivision (d), producers within the
respective districts shall elect one member from District 1, two
members from District 2, two members from District 3, two members
from District 4, one member from District 5, and five members from
District 6. Shippers and processors shall be elected by and from
shippers and processors, respectively, on a statewide basis without
reference to districts. The public member shall be appointed to the
commission by the secretary from nominees recommended by the
commission.
(c) The secretary and other appropriate persons as determined by
the commission shall be ex officio members of the commission.
(d) The commission may modify the number of producers in each
district, and shippers and processors who serve on the commission,
and may elect producers, shippers, and processors to serve as members
at large of the commission. The total number of producer, shipper,
and processor members shall not exceed 32.

77431. The director may require the commission to correct or cease
any existing activity or function that is determined by the director
not to be in the public interest or in violation of this chapter. If
the commission refuses or fails to cease those activities or
functions or to make corrections as required by the director, the
director may, upon written notice, suspend all or a portion of the
activities or functions of the commission until such time as the
cessation or correction of activities or functions as required by the
director has been accomplished by the commission.
Actions of the commission in violation of the written notice shall
be 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 that are the subject of the written
notice. Upon service of the written notice, the director shall notify
the commission in writing of the specific acts that he or she
determines are not in the public interest or are in violation of this
chapter, and his or her reasons for requiring a cessation or
correction of specific existing or proposed activities or functions,
and may make recommendations that will make those activities or
functions acceptable to the director.

77432. 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, in a court
of competent jurisdiction, which may issue a temporary restraining
order, permanent injunction, or other applicable relief.

77433. 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, a court may,
if it finds that the director acted arbitrarily or capriciously in
restricting the activities or functions of the commission, relieve
the commission of the responsibility for payment of the director's
legal costs with regard to that action.

77434. Except for the ex officio members of the commission, an
alternate member for each member shall be elected in the same manner
as the member. An alternate member, in the absence of the member for
whom he or she is an alternate, shall serve in place of the member on
the commission. An alternate member may also serve in place of any
other absent member of the same classification (producer, shipper, or
processor) from the same district if that member's alternate is also
absent. However, an alternate may not serve in place of more than
one absent member at a meeting. An alternate member serving in place
of a member shall have and be able to exercise all 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 for that member, or another alternate of
the same classification from the same district if the alternate for
that member is absent, shall act as a member on the commission until
a qualified successor is elected.

77435. Any vacancy on the commission including, but not limited to,
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 him or her ineligible to serve, or due to death,
removal, or resignation, shall be filled by the appointment of
another person, for the unexpired portion of the term, by a majority
vote of the commission. However, the appointee shall fulfill all the
qualifications set forth in this article as required for the office
he or she is to occupy. The 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.

77436. A producer member or his or her alternate on the commission
shall be an individual, partner, or employee of a producer who has a
financial interest in producing, or causing to be produced,
strawberries for market. The producer member or his or her alternate
shall be so qualified during the entire term of office.

77437. A shipper member or his or her alternate on the commission
shall be an individual, partner, or employee of a shipper who has a
financial interest in shipping, or causing to be shipped,
strawberries for market. The shipper member or his or her alternate
shall be so qualified during the entire term of office.

77438. A processor member or his or her alternate on the commission
shall be an individual, partner, or employee of a processor who has
a financial interest in processing, or causing to be processed,
strawberries for market. The processor member or his or her alternate
shall be so qualified during the entire term of office.

77439. 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 and his or her alternate shall
not have any financial interest in the strawberry industry.

77440. The term of office of all members of the commission and
alternates, except any ex officio member, shall be two years from the
date of their election and until their successors are elected.

77441. The commission shall be and is hereby declared and created a
corporate body. It may sue and be sued, enter into contracts, adopt
a corporate seal, and has all of the powers of a corporation. Copies
of its proceedings, records, and acts, when authenticated, shall be
admissible in evidence in all courts of the state, and shall be prima
facie evidence of the truth of all statements therein.

77442. A quorum of the commission is a majority of the voting
producer members, a majority of the voting shipper members, and a
majority of the voting processor members on the commission. Except as
provided in Sections 77481.5 and 77499, the vote of a majority of
members present at a meeting at which there is a quorum shall
constitute an act of the commission.

77443. The director or his or her representatives shall be notified
and may attend each meeting of the commission and any committee
meeting of the commission. However, the director is not entitled to
attend an executive session of the commission called for the purpose
of discussing potential or actual litigation against the department.

77444. No member of the commission or of any committee established
by the commission, which may include nonmembers of the commission,
shall receive a salary. Except ex officio government members, the
members may receive an amount 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.

77445. If 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 from notification of the decision.
The response may be a request that additional information be
provided.

77446. All moneys received by any person from assessments levied
under the authority of this chapter or otherwise received by the
commission shall be deposited in banks designated by the commission
and shall be disbursed by order of the commission through an agent or
agents designated for that purpose. Any authorized agent or agents
shall be bonded by a fidelity bond, executed by a surety company
authorized to transact business in the state, in favor of the
commission, in the amount of not less that twenty-five thousand
dollars ($25,000).

77447. The state shall not be 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. No member of the
commission, alternate member, or any employee or agent thereof, shall
be personally liable on the contracts of the commission and no
member, alternate member, or employee of the commission shall be
responsible individually in any way to any producer, processor,
shipper 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. No member or alternate member shall be held responsible
individually for any act or omission of any member or alternate
member of the commission. The liability of the members and alternate
members shall be several and not joint, and no member or alternate
member shall be liable for the default of any other member or
alternate member.