SECTIONS 77521-77531 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77521-77531

77521. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

77522. "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.

77523. "Commission" means the California Forest Products
Commission.

77524. "Secretary" means the Secretary of Food and Agriculture.

77525. "Ex officio" means a nonvoting member of the commission.

77526. "Marketing year" or "fiscal year" means the period beginning
January 1 of any year and extending through December 31 of the same
year.

77527. "Person" means an individual, partnership, corporation,
limited liability company, firm, company, or other entity doing
business in California.

77528. (a) "Producer" means any person who owns timber in
California immediately prior to felling, or the first person who
acquires either the legal title or beneficial title to timber after
it has been felled from land owned in California by a federal agency,
or any other person, agency, or entity exempt from property taxation
under federal or state law.
"Producer" includes any person who owns or acquires legal title or
beneficial title to downed timber in this state and also includes
the seller of timber located on land in the state owned by that
seller if the timber sales agreement, contract, or other document
provides for the payment of the purchase price on the basis of actual
timber volume scaled and does not contain a passage of title clause.
(b) For purposes of this chapter, a person in California that
owns, controls, or is affiliated with any other person engaged in the
selling or acquiring of timber in California in any marketing year
shall be considered to be the producer of all timber sold or acquired
by that person.
"Affiliate" or "affiliated with" means a person who directly or
indirectly through one or more intermediaries, controls, is
controlled by, or is under common control of another person.
"Control" means the possession, direct or indirect, of the power
to direct or cause the direction of the management and policies of
any person.
(c) "Producer" does not include any person who sells or acquires
in any marketing year less than 5,000,000 board feet net Scribner
Decimal C log rule, or the equivalent thereof as determined by the
commission.

77529. "Product promotion" means the generic promotion of forest
products in domestic and foreign markets. "Product promotion" does
not include reference to either unprocessed logs sold in foreign
markets or to rough-sawn products sold in foreign markets for
remanufacture.

77530. "Research" means any economic, cultural, or biological
search, inquiry, examination, investigation, or experimentation, or
any other search, inquiry, examination, investigation, or
experimentation.

77531. "Timber" or "forest products" means trees of any species
maintained for eventual harvest whether planted or of natural growth,
standing or down, on privately or publicly owned land, and also
includes wood products related thereto, but does not mean nursery
stock.