SECTIONS 79231-79247 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79231-79247

79231. (a) There is in the state government the California
Blueberry Commission. Except as provided in subdivision (c), the
commission shall be composed of five producers, five handlers, and
one public member. Three producer members shall be elected by and
from producers within the respective districts, one from each
district, and two producer members shall be elected by and from
producers on a statewide basis without reference to districts. The
handler members shall be elected by and from handlers on a statewide
basis without reference to districts. The public member shall be
appointed to the commission by the secretary from nominees
recommended by the commission. Each entity subject to this chapter is
limited to two representatives, one representing producers and one
representing handlers.
(b) The secretary and other appropriate persons as determined by
the commission shall be ex officio members of the commission.
(c) The commission may modify the number of producers and handlers
who serve on the commission by a two-thirds vote of the commission
that is concurred in by the secretary, so long as proper notice is
provided to all persons subject to this chapter prior to the action
and the number of producers and the number of handlers who serve on
the commission remain equal.

79232. (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 in violation of this
chapter.
(b) If the commission refuses or fails to cease those activities
or functions or to make 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 such time as the
cessation or correction of activities or functions as required by the
secretary has been accomplished by the commission.
(c) Actions of the commission in violation of the secretary's
written notice shall be 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 he or she
determines are not in the public interest or are in violation of this
chapter, and his or her reasons for requiring a cessation or
correction of specific existing or proposed activities or functions,
and may make recommendations that will make those activities or
functions acceptable to the secretary.

79233. The commission or the secretary may bring an action for
judicial relief from the secretary's written notice, or from
noncompliance by the commission with the written notice, in a court
of competent jurisdiction, which may issue a temporary restraining
order, permanent injunction, or other applicable relief.

79234. The commission shall reimburse the secretary for all
expenditures incurred by the secretary in carrying out his or her
duties and responsibilities under 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 that action.

79235. Except for the ex officio members of the commission, each
member of the commission shall have an alternate member elected in
the same manner as the member. An alternate member, in the absence of
the member for whom he or she is an alternate, shall serve in place
of the member on the commission. An alternate member may also serve
in place of any other absent member of the same classification,
producer or handler, if the member's alternate is also absent.
However, an alternate may not serve in place of more than one absent
member at a meeting. An alternate member serving in place of a member
shall have and be able to exercise all rights, privileges, and
powers of the member when serving on the commission. In the event of
death, removal, resignation, or the disqualification of a member, the
alternate for the member, or another alternate of the same
classification if the alternate for the member is absent, shall act
as a member on the commission until a qualified successor is elected.

79236. Any vacancy on the commission including, but not limited to,
the failure of any person elected to the commission as a member or
alternate member to continue in his or her position due to a change
in status making him or her ineligible to serve, or due to death,
removal, or resignation, shall be filled by the appointment of
another person, for the unexpired portion of the term, by a majority
vote of the commission. However, the appointee shall fulfill all the
qualifications set forth in this article as required for the office
he or she is to occupy. The qualifications of any person to fill a
vacancy on the commission shall be certified in writing to the
secretary. The secretary shall notify the commission if he or she
determines that the person is not qualified.

79237. A producer member or his or her alternate on the commission
shall be an individual, partner, or employee of a producer who has a
financial interest in producing, or causing to be produced,
blueberries for market. The producer member or his or her alternate
shall be so qualified during the entire term of office.

79238. A handler member or his or her alternate on the commission
shall be an individual, partner, or employee of a handler who has a
financial interest in handling blueberries for market. The handler
member or his or her alternate shall be so qualified during the
entire term of office.

79239. The public member, or his or her alternate on the
commission, shall have all the powers, rights, and privileges of any
other member on the commission. The public member shall not have any
financial interest in the blueberry industry.

79240. The term of office of all members of the commission and
alternates, except any ex officio member, shall be two years from the
date of their election and until their successors are elected,
except, that of the first members of the commission, one-half shall
serve one year and one-half shall serve two years. The determination
of the term of each member shall be made by lot at the time of
election.

79241. The commission may sue and be sued and enter into contracts.
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.

79242. A quorum of the commission is a majority of the producer
members and a majority of the handler members on the commission.
Except as otherwise provided in this chapter, the vote of a majority
of members present at a meeting at which there is a quorum shall
constitute an act of the commission.

79243. The secretary or his or her representatives shall be
notified and may attend each meeting of the commission and any
committee meeting of the commission. However, the secretary is not
entitled to attend an executive session of the commission called for
the purpose of discussing potential or actual litigation against the
department.

79244. No member of the commission or of any committee established
by the commission, which may include nonmembers of the commission,
shall receive a salary. Except for ex officio government members, the
members may receive reasonable and necessary traveling expenses and
meal allowances, as established by the commission, 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 special
assignment for the commission.

79245. If the secretary is required to concur in a decision of the
commission, he or she shall indicate his or her response to the
commission within 15 working days from notification of the decision.
The response may be a request that additional information be
provided.

79246. All moneys received by any person from assessments levied
under the authority of this chapter or otherwise received by the
commission shall be deposited in banks designated by the commission
and shall be disbursed by order of the commission through an agent or
agents designated for that purpose. Any authorized agent or agents
shall be bonded by a fidelity bond, executed by a surety company
authorized to transact business in the state, in favor of the
commission, in the amount of not less than twenty-five thousand
dollars ($25,000).

79247. The state shall not be 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 shall be
limited to the funds collected by the commission. No member,
alternate member, or any employee or agent of the commission, shall
be personally liable on the contracts of the commission and no
member, alternate member, or employee of the commission shall be
responsible individually in any way to any producer, handler, or any
other person for error in judgment, mistakes, or other acts, either
of commission or omission, as principal, agent, or employee, except
for his or her own individual acts of dishonesty or crime. No member
or alternate member shall be held responsible individually for any
act or omission of any member or alternate member of the commission.
The liability of the members and alternate members shall be several
and not joint, and no member or alternate member shall be liable for
the default of any other member or alternate member.