SECTIONS 78851-78867 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 78851-78867

78851. (a) There is in the state government the Mendocino Winegrape
and Wine Commission. The commission shall be composed of six
producers who are not vintners, four vintners, and one public member.
(b) The public member and his or her alternate shall be appointed
to the commission by the secretary from nominees recommended by the
commission.
(c) The secretary shall be a nonvoting, ex officio member of the
commission.

78852. (a) The secretary may require the commission to correct or
cease any existing 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 those activities
or functions or to make the corrections as 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 activities or functions as required by
the secretary has been accomplished by the committee.
(c) Actions of the commission in violation of the written notice
are 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) Upon service of the written notice, 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, his or her reasons for requiring a cessation or correction
of specific existing or proposed activities or functions, and
recommendations that will make the activities or functions
acceptable.

78853. The commission or 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, that may issue a temporary
restraining order, permanent injunction, or other applicable relief.

78854. When the secretary is required to concur in a decision of
the commission, the secretary shall give his or her response to the
commission within 15 working days from notification of the decision.
The secretary's response may be a requirement that additional
information be provided.

78855. The commission shall reimburse the secretary for all
expenditures incurred 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 the that action.

78856. Each member, except the ex officio members, shall have an
alternate member selected by the member, subject to approval by the
commission. An alternate shall, in the absence of the member for whom
he or she is an alternate, serve in place of the member and shall
have and be able to exercise all the rights, privileges, and powers
of the member when serving on the commission. In the event of a
change in status making a member ineligible to serve, or due to
death, removal, resignation, or disqualification, of a member, the
alternate shall act as a member of the commission until a qualified
successor is elected or appointed.

78857. Any individual serving as a producer member and his or her
alternate member shall be a producer who is not also a vintner, or a
management-level employee or representative of a producer who is not
also a vintner, who has a financial interest in producing, or causing
to be produced, winegrapes for market. The qualifications of
producer members and alternate members shall be maintained during the
entire term of office. No more than one member and his or her
alternate member shall be employed by, represent, or be connected in
a proprietary capacity with the same producer. However, producer
membership in an agricultural nonprofit cooperative association or
trade organization shall not be considered employment or being in a
proprietary capacity.

78858. Any individual serving as a vintner member and his or her
alternate member shall be a vintner, or a management-level employee
or representative of a vintner, who has a financial interest in
producing winegrapes for market. The qualifications of vintner
members and alternate members shall be maintained during the entire
term of office. No more than one member and his or her alternate
member shall be employed by, represent, or be connected in a
proprietary capacity with the same vintner. However, vintner
membership in an agricultural nonprofit cooperative association or
trade organization shall not be considered employment or being in a
proprietary capacity.

78859. The public member and his or alternate member shall have all
the rights, privileges, and powers of any other member of the
commission. The public member shall not have any financial interest
in the winegrape or wine industries.

78860. The term of office of members and alternate members shall be
for two years or until their successors have been elected and have
qualified. However, of the first members of the commission, a portion
of the producer members and their alternate members, and a portion
of the vintner members and their alternate members, shall serve for
one year so that the terms shall be staggered. The determination of
the term of each member and his or her corresponding alternate member
shall be made by lot. The commission may establish term limits for
members and alternate members pursuant to procedures established by
the commission and concurred in by the secretary.

78861. Not less than six voting members shall constitute a quorum
of the commission.

78862. The vote of a majority of the members present at a meeting
at which there is a quorum shall constitute an act of the commission.

78863. The commission shall be and is hereby declared and created a
corporate body. It shall have the power to sue and be sued, to
contract and be contracted with, and to have and possess all of the
powers of a corporation. It may adopt a corporate seal. Copies of its
proceedings, records, and acts, when authenticated, shall be
admissible in evidence in all courts of the state and shall be prima
facie evidence of the truth of all statements therein.

78864. The secretary or his or her representatives shall be
notified and may attend meetings of the commission and any committee
meetings of the commission.

78865. No member or alternate member of the commission, or member
of a committee established by the commission who is not a member of
the commission, shall receive a salary. Each member of the commission
and any alternate member serving in place of his or her member,
except ex officio members, and each member of a committee established
by the commission who is not a member of the commission, shall
receive necessary traveling expenses and meal allowances, as approved
by the commission, and may receive an amount not to exceed one
hundred dollars ($100) per day, as established by the commission.
This amount shall be paid 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 assignment for the commission, as
approved by the commission.

78866. All funds received by the assessments levied pursuant to
this chapter or otherwise received by the commission shall be
deposited in banks that the commission may designate and shall be
disbursed by order of the commission through an agent or agents as it
may designate. 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).

78867. (a) 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.
(b) No member, alternate member, or any employee or agent of the
commission, is personally liable for the contracts of the commission
or for errors in judgment, mistakes, or other acts, either of
commission or omission, except for their own individual act of
dishonesty or crime. Liability is several and not joint, and no
member, alternate member, or any employee or agent of the commission
is liable individually for the default, act, or omission of any other
member, alternate member, or any employee or agent of the
commission.