SECTIONS 79421-79433 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79421-79433

79421. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

79422. "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.

79423. "Commission" means the California Nursery Producers
Commission.

79424. "Department" means the Department of Food and Agriculture.

79424.5. (a) "Districts" consists of the following:
(1) District 1, which includes the Counties of Imperial, Orange,
and San Diego.
(2) District 2, which includes the Counties of Inyo, Kern, Kings,
Los Angeles, Riverside, San Bernardino, San Luis Obispo, Santa
Barbara, Tulare, and Ventura.
(3) District 3, which includes the Counties of Alameda, Alpine,
Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado,
Fresno, Glenn, Humboldt, Lake, Lassen, Madera, Marin, Mariposa,
Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer,
Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San
Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano,
Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tuolumne, Yolo, and
Yuba.
(b) Notwithstanding subdivision (a), the boundaries of any
district may be changed by a two-thirds vote of the members of the
commission, which is concurred in by the secretary, when necessary to
maintain similar total production among the districts and to ensure
proper representation. These boundaries need not coincide with county
lines.

79425. "Ex officio member" means a nonvoting member of the
commission.

79426. "Market" or "marketing" means to sell nursery products to a
person other than another producer.

79427. "Marketing season" or "fiscal year" are synonymous terms and
mean the period beginning May 1 of any year and extending through
April 30 of the following year.

79428. "Person" means any individual, partnership, corporation,
limited liability company or partnership, firm, company, or other
entity doing business in California.

79429. "Producer" means any person that operates under a California
state nursery license (producer category), and that produces, or
causes to be produced, nursery products for the purposes of
transferring title to another person. "Producer" does not include a
licensed producer nursery that produced and sold nursery products for
a gross dollar value of less than two million five hundred thousand
dollars ($2,500,000) in the preceding marketing season.

79430. "Nursery products" means any plant for planting,
propagation, or ornamentation, but does not include flowers as
defined in Section 77911 or grape rootstock as defined in Section
74718.

79431. "Research" means any research relating to invasive pests,
the production, harvest, postharvest handling, or marketing of
nursery products, nursery product components, or practices employed
by nurseries, and research relating to public education regarding
nurseries and nursery products, including, but not limited to, basic
and applied research.

79432. "Secretary" means the Secretary of Food and Agriculture.

79433. "Sell" or "sold" means to transfer or cause the transfer of
title to nursery products for valuable consideration.