SECTIONS 79211-79225 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79211-79225

79211. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

79212. "Advertising and promotion" mean, in addition to their
ordinarily accepted meaning, any plan directed toward increasing the
sale of blueberries in domestic or foreign markets and trade
promotion and activities for the prevention, modification, or removal
of trade barriers that affect the marketing of blueberries.

79213. "Blueberries" mean all blueberries produced in California
for commercial purposes.

79214. "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.

79215. "Commission" means the California Blueberry Commission.

79216. (a) "Districts" consist of the following:
(1) District 1 consists of all counties in the state along the
coastline, including San Diego.
(2) District 2 consists of the counties in the state that do not
border the coastline and lie north of a line drawn on the north
boundaries of the Counties of Fresno, Inyo, and San Benito.
(3) District 3 consists of all counties in the state that do not
border the coastline and lie south of the boundary line set forth in
paragraph (2).
(b) The boundaries of any district may be changed and districts
may be added or eliminated by a two-thirds vote of the commission,
which is concurred in by the secretary, so long as proper notice is
provided to all persons subject to this chapter prior to the action.
The boundaries need not coincide with county lines.

79217. "Ex officio members" are nonvoting members of the
commission.

79218. "Handle" means to engage in the business of a handler.

79219. (a) "Handler" means any person who engages, in this state,
in the operation of selling, marketing, or distributing blueberries
that he or she has produced or purchased or acquired from a producer,
or that he or she is marketing on behalf of a producer, whether as
owner, agent, employee, broker, or otherwise.
(b) When the handler is a corporation or a limited liability
company, all of the directors, officers, managers, and members of the
corporation or limited liability company in their capacity as
individuals shall be included, and any liability for failure to
collect or make payment of assessments to which a corporate handler
or a handler that is a limited liability company may be subject
pursuant to this chapter shall include identical liability upon each
individual director, officer, manager, or member of the corporation
or limited liability company.
(c) "Handler" does not include a retailer, except for a retailer
who purchases or acquires from any producer, or handles on behalf of
any producer, blueberries that were not previously subjected to
regulation by the commission.

79220. "Market" or "marketing" means to sell or otherwise
distribute blueberries into commercial channels or trade resulting in
the sale of blueberries.

79221. "Marketing research" means any research relating to the sale
of blueberries.

79222. "Marketing season" or "fiscal year" are synonymous terms and
mean the period beginning March 1, 2010, to September 30, 2011, and,
thereafter, October 1 of any year and extending through September 30
of the following year.

79223. "Producer" and "grower" are synonymous terms and mean any
person who produces or causes to be produced on land totaling more
than five acres of blueberries for market and who shall, upon request
of the commission, provide proof of commodity sale.

79224. "Production research" means any research relating to the
production, harvest, and postharvest handling of blueberries.

79225. "Secretary" means the Secretary of Food and Agriculture.