SECTIONS 79631-79646 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79631-79646

79631. (a) There is in the state government the California Apiary
Research Commission. The commission shall be composed of six
assessment-paying producers and one public member. Producers without
reference to districts shall elect one producer member with principal
residence from each of districts 1, 2, 3, and 4, and two producers
at large without reference to districts. The public member shall be
appointed to the commission by the secretary based on the
recommendation from the commission.
(b) The secretary and other appropriate persons, as determined by
the commission, shall be ex officio members of the commission.

79632. (a) The secretary may require the commission to correct or
cease any existing activity or function that is determined by the
secretary to be in violation of this chapter or not to be in the
public interest.
(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 him or her.

79633. 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.

79634. 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.

79635. Each producer member of the commission shall have an
alternate member appointed or elected in the same manner as the
member. An alternate member, in the absence of the member for which
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, 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 that member, or another alternate if the alternate for
the absent member is also absent, shall act as a member on the
commission until a qualified successor is elected.

79635.5. The public member shall have an alternate member appointed
in the same manner as the public member. The alternate public
member, in the absence of the public member, shall serve in place of
the public member. The alternate public member serving in place of
the public member shall have and be able to exercise all rights,
privileges, and powers of the public member when serving on the
commission. In the event of death, removal, resignation, or the
disqualification of the public member, the alternate public member
shall act as the public member on the commission until a qualified
successor is appointed.

79636. 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.

79637. A producer member, or his or her alternate, shall be an
assessment-paying beekeeper who has a financial interest in
producing, or causing to be produced, pollination units, bees, honey,
or hive products for market. The producer member or his or her
alternate shall be so qualified during the entire term of office.

79638. The public member, or his or her alternate, 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 beekeeping industry.

79639. The term of office of all members and alternates, except any
ex officio member, shall be three years from the date of their
election, but they may serve until their successors are elected.

79640. 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.

79641. A quorum of the commission is a majority of the producer
members. 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.

79642. 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.

79643. 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.

79644. 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.

79645. 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 an amount of not less than twenty-five thousand
dollars ($25,000).

79646. The state shall not be liable for the acts of the commission
or its contracts. Payment 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 agent of the commission shall be personally
liable on the contracts of the commission and no member, alternate
member, or agent of the commission shall be responsible individually
in any way to any producer or any other person for errors in
judgment, mistakes, or other acts, either of commission or omission,
as principal or agent, 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 other 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.