SECTIONS 79401-79414 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79401-79414

79401. The production of nursery products constitutes an important
industry of this state that provides substantial and necessary
revenues for the state, products that are a foundation for its
residents' food supply, and employment for its residents.

79402. The maintenance of the nursery industry of California is
necessary to assure the public and the state's and nation's crop
agriculture industry of a continuous supply of vital nursery products
and the maintenance of needed levels of income for those engaged in
the nursery industry and in its supplier, distribution, and related
service chain.

79403. The production of nursery products in California is
currently the state's number two agricultural crop with 2008 farm
gate sales of four billion dollars ($4,000,000,000) and has the
potential to become the leading segment of the state's agricultural
industry. To realize this potential, there is a need to engage in
research beneficial to the industry, to educate the public relative
to nursery products, and to promote and market nursery products. The
activities made possible by the establishment of the commission will
meet these needs and further the interests of the industry and the
state.

79404. The nursery industry has been negatively impacted by
invasive pests and diseases that also adversely affect the state's
environment, urban quality, and agricultural production. The
activities authorized by this commission will improve the quality of
nursery products and limit these negative impacts.

79405. The establishment of the commission is necessary for the
efficient development and management of a research, public education,
and marketing program that will enhance the reputation of the
California nursery industry, create a more receptive environment for
the industry and its products, aid its growth at both wholesale and
retail, and increase competitiveness of the California nursery
industry within the national and international marketplace. In
addition, the commission is necessary to carry out the California
nursery industry's commitment to responsible stewardship,
environmental protection, and increasingly efficient cultural
practices.

79406. (a) The Legislature finds and declares that the commission
is intended to operate in conjunction with other nursery-related laws
and programs in the state, including, but not limited to, the
licensing laws and regulations applicable to nurseries (Chapter 1
(commencing with Section 6701) of Part 3 of Division 4), the
inspection and cleanliness laws applicable to nurseries (Article 1
(commencing with Section 6901) of Chapter 2 of Part 3 of Division 4),
the shipment and pest certification laws applicable to nurseries
(Article 2 (commencing with Section 6921) and Article 4 (commencing
with Section 6961) of Chapter 2 of Part 3 of Division 4), the grades
and standards laws and regulations applicable to nurseries (Chapter 5
(commencing with Section 53301) of Division 18), and specific
nursery stock programs such as the California Grape Rootstock
Improvement Commission (Chapter 12.6 (commencing with Section
74701)).
(b) The legislature finds and declares that the commission
enhances the existing comprehensive statutory and regulatory
structure affecting all aspects of nursery products production in
California.
(c) The commission shall periodically meet and confer with all
other nursery-related programs administered by the department to
ensure coordination of policies and programs.

79407. The Legislature further finds and declares that the programs
specified in Section 79406, including this commission, greatly
benefit the nursery industry, and as such, advance the interests of
the State of California by providing substantial employment for the
state's citizens, producing needed tax and fee revenues for the
support of state and local government, encouraging responsible
stewardship of valuable agricultural resources and the environment,
and producing substantial quantities of nursery products for the
state, nation, and world.

79408. The successes that the nursery industry of California has
achieved have resulted from a commitment to industry-funded research
that has led to significant improvements in the quality and quantity
of the nursery products available to consumers and increasingly more
efficient and environmentally protective cultural practices. The
establishment of the commission will continue and enhance this
research effort and move the nursery industry toward its potential,
resulting in increased consumer value and enhanced grower returns.

79409. The production of nursery products in this state is hereby
declared to be affected with a public interest. This chapter is
enacted in the exercise of the police power of this state for the
purposes of protecting the health, peace, safety, and general welfare
of the people of this state.

79410. Opportunity exists for continued growth and expansion of the
nursery industry by creating new markets. The success of such an
expansion program is uniquely dependent upon effective research and
public education, since the creation of new markets is essentially a
matter of educating and informing people of the use, value, and
availability of nursery products and enhancing the reputation of the
California nursery products industry. The expansion of the nursery
industry also provides an important and expanding source of jobs for
many people in this state, including many residing in historically
depressed areas of the state, and it serves to ensure the
preservation of an agrarian society. The expansion also provides
pathways for the unemployed, the poor, unskilled laborers,
rehabilitated inmates, and other disadvantaged groups to learn
valuable professional nursery skills and obtain seasonal or permanent
employment with career potential.

79411. The commission's activities are necessary for the efficient
development of a national and international program and exists as an
integral part of a broader framework of state and federal statutes
and regulations designed to: collectively enhance the quality and
reputation of California nursery products; create a more receptive
environment for nursery products; improve the capability of nursery
products producers to function within the overall regulatory
environment; increase the competitiveness of the nursery products
industry within the national and international marketplace; implement
the industry's commitment to responsible stewardship of agricultural
land and the environment and increasingly efficient cultural
practices; and further the goals and interests of the state by
preserving the economic well-being of the agricultural economy.

79412. The commission form of administration created by this
chapter is uniquely situated to provide those engaged in the
production of nursery products the opportunity to avail themselves of
the benefits of collective action in the broad fields of research,
education, and the development, maintenance, and expansion of
markets.

79413. 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. The
Legislature intends this program to be among those contemplated by
the United States Congress in the enactment of Section 610(i) of
Title 7 of the United States Code.

79414. It is hereby declared as a matter of legislative
determination that commission members and alternates are intended to
represent and further the interest of a particular industry concerned
and that this representation and furtherance is intended to serve a
public interest. Accordingly, the Legislature finds that with respect
to persons who are elected or appointed to the commission, the
particular industry concerned is tantamount to and constitutes the
public generally within the meaning of Section 87103 of the
Government Code.