SECTIONS 78620-78636 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 78620-78636

78620. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

78621. "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.

78622. "Commission" means the California Tomato Commission.

78623. "Districts" shall consist of the following:
(a) District 1 consists of Imperial and Riverside Counties.
(b) District 2 consists of Los Angeles, Orange, San Diego, San
Luis Obispo, Santa Barbara, and Ventura Counties.
(c) District 3 consists of Fresno, Kern, Kings, and Tulare
Counties.
(d) District 4 consists of Monterey County.
(e) District 5 consists of Madera, Merced, and Stanislaus
Counties.
(f) District 6 consists of San Joaquin County.
(g) District 7 consists of all counties in the State of
California.
The boundaries of any district may be changed by a two-thirds vote
of the commission, which is concurred in by the secretary. These
boundaries need not coincide with county lines.

78624. "Ex officio member" means a nonvoting member of the
commission.

78625. "Fresh" means tomatoes, in any form, which have not been
subject to heat processing.

78626. "Handle" means to engage in the operation of selling,
marketing, or distributing fresh market tomatoes that have been
produced, or purchased or acquired from a producer, or which are
marketed on behalf of a producer, whether as owner, agent, employee,
broker, or otherwise, but shall not include retailing except for
fresh market tomatoes not previously subject to this chapter.

78627. "Handler" or "shipper" means any person, other than a common
carrier, who handles a quantity of 250,000 pounds or more of
tomatoes during a marketing season.

78628. "Market" or "marketing" means to sell or otherwise
distribute tomatoes into commercial channels or trade resulting in
the sale of tomatoes.

78629. "Marketing research" means any research relating to the sale
of tomatoes.

78630. "Marketing season" or "fiscal year" are synonymous terms and
mean the period beginning March 1 of any year and extending through
the last day of February of the following year.

78631. "Person" means any individual, partnership, corporation,
firm, company, or other entity doing business in California.

78632. "Producer" and "grower" are synonymous terms and mean any
person who produces, or causes to be produced, tomatoes in a quantity
of 250,000 pounds or more delivered to handlers during the marketing
season.

78633. "Production research" means any research relating to the
production, harvest, and post harvest handling of tomatoes.

78634. "Secretary" means the Secretary of Food and Agriculture.

78635. "Ship" and "shipping" are synonymous terms and mean the
operations of receiving, grading, cleaning, transporting,
distributing, or otherwise preparing for market or marketing,
tomatoes for fresh consumption.

78636. (a) "Tomatoes" means all tomatoes that are produced for
commercial purposes and are handled within the state in fresh form,
except cherry tomatoes and tomatoes grown in a greenhouse.
(b) For purposes of this section, "tomatoes grown in a greenhouse"
means tomatoes grown in a fixed steel structure using irrigation and
climate control, in an artificial medium that substitutes for soil.
(c) Cherry tomatoes and tomatoes grown in a greenhouse may be
included in the definition of tomatoes in subdivision (a) if approved
by the producers and handlers of those tomatoes pursuant to a
referendum conducted in accordance with the procedures in Article 5
(commencing with Section 78690) of Part 2 of Division 22.