SECTIONS 78801-78811 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 78801-78811

78801. The production and distribution of winegrapes and wine in
Mendocino County constitute important industries that provide
substantial and necessary revenues for the county and state, and
employment for citizens of the state. It also furnishes an important
food product that benefits the public health and welfare.

78802. The maintenance and expansion of the winegrape and wine
industries of Mendocino County and of its local, national, and
foreign markets is necessary to assure the consuming public of a
continuous supply of these products and needed levels of income for
those engaged in the winegrape and wine industries in Mendocino
County.

78803. Opportunity exists for continued growth and expansion of the
Mendocino County winegrape and wine industries by creating new
markets in the state, the county, and abroad. The success of an
expansion program is uniquely depending upon effective education,
advertising, promotion, and research, since the creation of new
markets is essentially a matter of educating and informing people of
the use and availability of the commodity. The expansion of the
Mendocino County winegrape and wine industries also provides an
important source of jobs for many people in the area, and serves to
ensure the preservation of an agrarian society.

78804. The production of winegrapes, wine, and winegrape products
in Mendocino County has the potential to be one of the leading
segments of the state's winegrape and wine industries. To realize
this potential, there is a need to make consumers aware of the high
quality of winegrapes, wine, and winegrape products produced in
Mendocino County. The activities made possible by the establishment
of the commission will meet this need and further the interests of
the industries and the state.

78805. The Mendocino County winegrape and wine industries have
enjoyed much success due to a commitment by the industries to fund
research that has led to significant improvements in the quality and
variety of winegrapes and wine available to consumers. It has also
led to winegrapes and wine being a better consumer value. The
establishment of the commission will continue to enhance this
research effort and move the Mendocino County winegrape and wine
industries toward its potential, resulting in increased consumer
value and enhanced returns to growers and vintners.

78806. The production and marketing of winegrapes, wine, and
winegrape products produced in Mendocino County is hereby declared to
be of public interest, therefore it is necessary and appropriate
that these provisions be specifically applicable to Mendocino County.
This chapter is enacted in the exercise of the police power of this
state for the purpose of protecting the health, peace, safety, and
general welfare of the people of this state.

78807. (a) It shall be the policy of this state to preserve and
encourage agricultural activities in the state, promote consumption
of agricultural commodities produced and harvested in California,
provide for research, governance, and accountability, including the
ability for agriculture to act collectively and to assess itself
through the process of referenda.
(b) It shall also be the policy of this state that the program
authorized in this chapter shall engage in activities that are not
more extensive in scope than is necessary to accomplish its purposes,
and that the powers and duties of this program are designed to
directly and materially advance the state's interest in a stable,
thriving agricultural industry. Further, this policy can be
implemented most effectively by the collective actions authorized in
this chapter while not preventing individuals from additionally
engaging in self-help activities.

78808. 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 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. Proof that any
action complained of was done in compliance with this chapter shall
be a complete defense to the action or proceeding. The Legislature
intends this program to be among those contemplated by Congress in
the enactment of Section 610(i) of Title 7 of the United States Code.

78809. The commission form of administration created by this
chapter is uniquely situated to provide those engaged in the
production of winegrapes, wine, and other winegrape products in
Mendocino County the opportunity to avail themselves of the benefits
of collective action in the broad fields of development, maintenance,
and expansion of markets, production, marketing, processing, and
health-related research, public and trade education, and advertising
and promotion necessary to achieve the purposes stated herein.

78810. This chapter shall be liberally construed. If any provision
of this chapter or the application thereof to any person or
circumstances is held to be 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.

78811. It is hereby declared as a matter of legislative
determination that members of the commission are intended to
represent and further the interest of the particular agricultural
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 agricultural industry concerned is
tantamount to, and constitutes, the public generally within the
meaning of Section 87103 of the Government Code.