SECTIONS 78225-78241 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 78225-78241

78225. (a) There is in the state government the California
Asparagus Commission. The commission shall be composed of 13 members,
as follows:
(1) Twelve producers, of which eight shall be from District 1 and
four from District 2, each of whom shall be elected by and from
producers within the respective districts.
(2) One member shall be a public member.
(b) The public member shall be appointed by the secretary from the
nominees recommended by the commission.
(c) The secretary and other appropriate individuals, as determined
by the commission, shall be ex officio members of the commission.

78225.5. (a) Producers who are not subject to this chapter on the
date it becomes operative pursuant to Article 5 (commencing with
Section 78270) may petition the commission to establish an additional
district that includes all of the counties which are not in District
1 or District 2. If the petition is approved by a two-thirds vote of
the commission, the secretary shall conduct an implementation vote
of the producers from those counties in accordance with Article 5
(commencing with Section 78270).
(b) If the secretary certifies a favorable vote, all producers
from those counties shall be subject to this chapter. Thereafter, in
accordance with procedures established by the commission, the number
of producers serving on the commission from each district shall be
modified, if necessary, to ensure proper representation of each
district. However, the commission shall not be composed of more than
14 producers.

78226. (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 may, upon written notice, 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 which are the subject of the written
notice.
(d) At the same time the written notice is provided to the
commission, the secretary shall notify the commission in writing of
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.

78227. 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.

78228. 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.

78229. 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 may, if it finds that the secretary acted arbitrarily or
capriciously in restricting the activities or functions of the
commission, relieve the commission of the responsibility for payment
of the secretary's legal costs with regard to that action.

78230. Except for the ex officio members of the commission, an
alternate member for each producer member shall be elected, and for
the public member shall be appointed, in the same manner and for the
same term as the member. Except as provided in Section 78237, an
alternate member shall, in the absence of the member for whom he or
she is an alternate, 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.

78231. Any vacancy on the commission occurring by the failure of
any person elected to or serving on the commission as a producer
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.

78232. Any vacancy on the commission occurring by the failure of
the public member or his or her alternate member to continue in his
or her position due to a change in his or her status, thereby making
the member or alternate ineligible to serve, or due to death,
removal, resignation, or disqualification, shall be filled for the
unexpired portion of the term by the secretary from nominees
recommended by the commission. The appointee shall meet all of the
qualifications set forth in this article as required for the member
or alternate whose office the appointee is to occupy.

78233. Any producer member and his or her alternate member on the
commission shall be an individual producer or an employee
representing a producer who has a financial interest in producing, or
causing to be produced, asparagus for market. Qualifications of
producer members and their alternate members shall be maintained
during their entire term of office.

78234. The public member and his or her alternate member on the
commission shall have all 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 asparagus industry.

78235. The term of office of all members and alternate members of
the commission, except ex officio members, is three years commencing
with the first day of December prior to the beginning of the
marketing year in the year of their election and until qualified
successors are elected. The terms of office of each member and
alternate member of the commission shall be limited to three
consecutive terms.

78236. 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.

78237. A quorum of the commission is a majority of the voting
members of the commission. Any alternate member to any producer
member may serve in the absence of any other member if that member's
alternate is also absent and if that action is necessary to establish
a quorum. Except as provided in Sections 78214, 78231, and 78302,
the vote of a majority of the members present at a meeting at which
there is a quorum shall constitute the act of the commission.

78238. The secretary or his or her representatives shall be
notified and may attend each meeting of the commission and any
committee meeting of the commission.

78239. Members and alternate members of the commission, and members
of committees established by the commission, shall not receive any
compensation, but notwithstanding Section 11564.5 of the Government
Code, shall receive the per diem established by the commission, not
to exceed one hundred dollars ($100) per day. Ex officio members who
are state officers or employees are not eligible for per diem
pursuant to this section. In addition, members and alternate members
of the commission, and members of committees established by the
commission, shall be reimbursed for actual and necessary travel
expenses under the rules of the Department of Personnel
Administration. The per diem and reimbursement for travel expenses
shall be paid to those 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.

78240. 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).

78241. 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 nor is any
such person responsible individually in any way to any producer 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.