SECTIONS 78601-78611 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 78601-78611

78601. The production and marketing of tomatoes constitutes an
important industry of this state that provides substantial and
necessary revenues for the state and employment for its citizens.

78602. The maintenance of the tomato industry of California is
necessary to assure the public of a continuous supply of this vital
product and the maintenance of needed levels of income for those
engaged in the tomato industry.

78603. The production of tomatoes in California has the potential
to be one of the leading segments of the state's agricultural
industry. To realize this potential, there is a need to make
consumers aware of the nutritional value of tomatoes, the high
quality of tomatoes produced by the industry, and the versatility of
tomatoes as part of a well-balanced diet. The activities made
possible by the establishment of the commission will meet this need
and further the interests of the industry and the state.

78604. The establishment of the commission is necessary for the
efficient creation and management of a research program to develop
improved varieties of tomatoes, an integrated approach to control
pests and diseases common to tomatoes, and more efficient cultural
practices. In addition, the commission is necessary to carry out the
California tomato industry's commitment to the efficient development
and management of a national and international advertising and
promotion program which, combined with the research program, will
enhance the competitiveness of the California tomato industry within
the national and international marketplace.

78605. The successes that the tomato industry of California have
enjoyed have come in part through a commitment to industry funded
production research that has led to significant improvements in the
quality and variety of the tomatoes available to consumers. It has
also led to tomatoes being a better consumer value. The establishment
of the commission will continue and enhance this research effort and
move the tomato industry toward its potential, resulting in
increased consumer value and enhanced grower returns.

78606. The production and marketing of tomatoes in this state is
hereby declared to be affected with a public interest. The provisions
of this chapter are enacted in the exercise of the police power of
this state for the purposes of protecting the health, peace, safety,
and general welfare of the people of this state.

78607. No action taken by the commission, or by any individual in
accordance with this chapter or with the regulations adopted under
this chapter, is a violation of the so-called Cartwright Act (Chapter
2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), the Unfair Practices Act (Chapter 4
(commencing with Section 17000) of Part 2 of Division 7 of the
Business and Professions Code), or any statutory or common law
against monopolies or combinations in restraint of trade.

78608. This chapter shall be liberally construed. If any provision
of this chapter or the application thereof to any person or
circumstances is held invalid, the invalidity shall not affect other
provisions or applications of the chapter that can be given effect
without the invalid provision or application, and to this end the
provisions of this chapter are severable.

78609. It is hereby declared as a matter of legislative
determination that commission members and alternates are intended to
represent and further the interest of a particular industry concerned
and that this representation and furtherance is intended to serve
the public interest. Accordingly, the Legislature finds that with
respect to persons who are elected or appointed to the commission,
the particular industry concerned is tantamount to, and constitutes
the public generally within the meaning of Section 87103 of the
Government Code.

78610. Opportunity exists for continued growth and expansion of the
tomato industry by creating new markets in major portions of this
country. The success of such an expansion program is uniquely
dependent upon effective advertising, promotion, and research, since
the creation of new markets is essentially a matter of educating and
informing people of the use, nutritional value, and availability of
the commodity. The expansion of the tomato industry also provides an
important source of jobs for many people in this state, a high
proportion of whom reside in historically depressed areas of the
state, and serves to ensure the preservation of an agrarian society.

78611. The commission form of administration created by this
chapter is uniquely situated to provide those engaged in the
production of tomatoes the opportunity to avail themselves of the
benefits of collective action of the broad fields of development,
maintenance, and expansion of markets, marketing research,
advertising and promotion, and production and processing research
necessary to achieve the purposes stated herein.