SECTIONS 77751-77767 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77751-77767

77751. (a) There is in state government the California Date
Commission. Except as otherwise provided in Section 77752.5, the
commission is composed of six date handlers from District 1 and may
include one public member.
(b) The public member shall be appointed to the commission by the
secretary from nominees recommended by the other members of the
commission.
(c) The secretary, and other appropriate individuals, as
determined by the commission, shall be ex officio members of the
commission.

77752. District 1 consists of all of Riverside County. Additional
districts may be added pursuant to Section 77752.5, and shall be
numbered consecutively beginning with "District 2," as each new
district becomes subject to this chapter.

77752.5. (a) Handlers of dates who are not subject to this chapter
on the date it becomes operative pursuant to Article 5 (commencing
with Section 77811) may petition the commission to establish an
additional district or districts composed of one or more counties
that are not in District 1. If the petition is approved by a 2/3 vote
of the membership of the commission, the secretary shall conduct an
implementation vote of the handlers from those districts in
accordance with Article 5 (commencing with Section 77811).
(b) If the secretary certifies a favorable vote, all handlers from
those districts shall be subject to this chapter. Thereafter, in
accordance with procedures established by the commission, the number
of handlers serving on the commission from each district shall be
modified, if necessary, to ensure proper representation of each
district. The commission shall not be composed of more than nine
handlers.

77753. (a) The secretary may require the commission to correct or
cease any activity or function that is determined by the secretary
not to be in the public interest or that is in violation of this
chapter.
(b) If the commission refuses or fails to cease these activities
or functions or to make corrections required by the secretary, the
secretary, upon written notice, may suspend all or a portion of the
activities or functions of the commission until the time that the
cessation or correction of the activities or functions, as required
by the secretary, has been accomplished by the commission.
(c) Any action of the commission in violation of the written
notice is without legal force or effect. The secretary, 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.
(d) The secretary shall include in the written notice to the
commission the specific acts that the secretary determines are not in
the public interest or are in violation of this chapter, the
secretary's reasons for requiring a cessation or correction of
specific existing or proposed activities or functions, and the
secretary's recommendations with respect to any action that will make
the activities or functions acceptable.

77754. The commission or the secretary may bring an action for
judicial relief from the secretary's written notice, or from
noncompliance by the commission with the written notice, as the case
may be, in a court of competent jurisdiction, which may issue a
temporary restraining order, permanent injunction, or other
appropriate relief.

77755. When the secretary is required to concur in a decision of
the commission, the secretary shall concur, refuse to concur, or
request additional information from the commission within 15 working
days from the date the secretary receives notification of the
decision.

77756. The commission shall reimburse the secretary for all
expenditures incurred by the secretary in carrying out his or her
duties and responsibilities pursuant to this chapter. However, a
court, if it finds that the secretary acted arbitrarily or
capriciously in restricting the activities or functions of the
commission, may relieve the commission of the responsibility for
payment of the secretary's legal costs with regard to that action.

77757. An alternate member to each member of the commission, except
the ex officio members, shall be elected or appointed in the same
manner and for the same term 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 and shall exercise all of the rights,
privileges, and powers of the member when serving on the commission.
In addition, if a member and his or her alternate are absent, any
other alternate from the same district may serve in place of the
member, and shall exercise all of the rights, privileges, and powers
of the member when serving on the commission. If the status of a
member changes, thereby making the member ineligible to serve, or in
the event of the death, removal, resignation, or disqualification of
a member, the alternate member shall act as a member of the
commission until a qualified successor is elected or appointed.

77758. Any vacancy on the commission occurring by the failure of
any person elected to or serving on the commission as a member or
alternate member to continue in his or her position due to a change
in his or her status, thereby making the person ineligible to serve,
or due to death, removal, resignation, or disqualification, shall be
filled for the unexpired portion of the term by a majority vote of
the remaining members of the commission. The appointee shall meet all
of the qualifications set forth in this article as required for the
member or alternate whose office he or she is to occupy.

77759. (a) Any member and alternate on the commission shall be an
individual, partner, or employee representing a handler who has a
financial interest in handling dates for market. The qualifications
of a member and alternate shall be maintained during the entire term
of office.
(b) Not more than one member and one alternate shall be a person
employed by, or connected in a proprietary capacity with, the same
corporation, firm, partnership, association, or business
organization.

77760. The public member and his or her alternate member on the
commission shall have all of the powers, rights, and privileges of
any other member or alternate member, respectively, on the
commission. The public member and his or her alternate member shall
not have any financial interest in the date industry.

77761. The term of office of all members and alternate members of
the commission, except any ex officio member, shall be three years
from the date of their election and until qualified successors are
elected.

77762. The commission is hereby declared and created a corporate
body. It may sue and be sued, enter into contracts, adopt a seal, and
has all of the powers of a corporation. Copies of its proceedings,
records, and acts, when authenticated, shall be prima facie evidence
of the truth of all statements therein.

77763. A quorum of the commission is a majority of the voting
members of the commission. Except as otherwise provided in
subdivision (b) of Section 77841 and Sections 77731 and 77883, the
vote of the majority of the members present at a meeting at which
there is a quorum constitutes the act of the commission.

77764. The secretary or his or her representative shall be notified
and may attend each meeting of the commission and any committee
meeting of the commission. However, the secretary or his or her
representative is not entitled to attend an executive session of the
commission or a committee of the commission called for the purpose of
discussing potential or actual litigation against the department.

77765. No member of the commission, or member of a committee
established by the commission who is a nonmember of the commission,
shall receive any compensation. Each member of the commission or each
alternate member serving in place of a member, except ex officio
members, and each member of a committee established by the commission
who is a nonmember of the commission, may receive per diem of not
more than one hundred dollars ($100) per day, as established by the
commission, and may also receive necessary traveling expenses and
meal allowances as approved by the commission. If per diem is paid,
it shall be paid to members 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.

77766. All funds received by any person from the assessments levied
under the authority of this chapter or otherwise received by the
commission shall be deposited in banks which the commission may
designate and shall be disbursed by order of the commission through
an agent or agents designated by the commission for that purpose. The
agent or agents shall be bonded by a fidelity bond, executed by a
surety company authorized to transact business in this state, in
favor of the commission, in an amount of not less than twenty-five
thousand dollars ($25,000).

77767. The state is not 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 are limited
to the funds collected by the commission. No member, alternate
member, employee, or agent of the commission is personally liable for
the contracts of the commission and no such person is responsible
individually in any way to any handler or any other person for errors
in judgment, mistakes, or other acts, either of commission or
omission, as a principal, agent, or employee, except for his or her
own individual acts of dishonesty or crime. No member, alternate
member, employee, or agent of the commission, is responsible
individually for any act or omission of any other member, alternate
member, employee, or agent of the commission. Liability is several
and not joint, and no member, alternate member, employee, or agent of
the commission is liable for the default of any other member,
alternate member, employee, or agent of the commission.