| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1322Introduced by Committee on Agriculture (Assembly Members Soria (Chair), Alanis (Vice Chair), Aguiar-Curry, Connolly, Jeff Gonzalez, Hadwick, Irwin, and Ransom)February 21, 2025 An act to amend Sections 6761, 67052, 67052.5, 67054, 67057, 67059.5, 67062, 67082, 67091, 67101, 67133, 75601, 79818, and 79821 of, and to add Sections 67026 and 79824 to, the Food and Agricultural Code, relating to agriculture. LEGISLATIVE COUNSEL'S DIGESTAB 1322, as introduced, Committee on Agriculture. Agricultural commissions.(1) Existing law specifies the duties of the Secretary of Food and Agriculture and county agricultural commissioners with respect to the sale and control of nursery stock, as defined. Existing law requires a person to hold a valid license in order to sell nursery stock.Existing law establishes the California Grape Rootstock Improvement Commission to maintain and regulate grape rootstock in the state.This bill would authorize the secretary, after investigation and hearing, to refuse to issue or renew a license, or to suspend or revoke a license, if the secretary determines that the licensee or the applicant has violated specified provisions relating to the California Grape Rootstock Improvement Commission.(2) Existing law establishes the California Avocado Commission to efficiently develop and manage the marketing of avocados and provides requirements for membership to the commission, including for alternate members, as specified.The bill would, among other things, expand specified provisions regarding membership to the commission to alternate members, require the assessment established by the commission to be as a fixed rate or percentage of value rather than as solely a fixed rate, and require any remaining assessment funds to be distributed for the benefit of the avocado industry into any state or federal programs in the event of termination or suspension of the commission.(3) Existing law establishes the California Apple Commission to efficiently develop and manage the marketing of apples, as specified. Existing law authorizes the commission to recommend to the secretary the adoption of maturity standards authorized pursuant to the California Marketing Act of 1937, as specified.This bill would authorize the California Apple Commission to recommend to the secretary quality standards and product labeling standards, and to engage in any other activity, authorized by California Marketing Act of 1937.(4) Existing law establishes the Olive Oil Commission of California to efficiently develop and manage the marketing of olive oil, as specified. Existing law defines the terms handler and producer for purposes of these provisions.This bill would specify that handler and producer include persons that toll process olives for olive oil. The bill would define toll processor for purposes of these provisions, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6761 of the Food and Agricultural Code is amended to read:6761. The director, secretary, after investigation and hearing, may refuse to issue or renew a license, or may suspend or revoke a license, if he the secretary determines that the licensee or the applicant has done any of the following:(a) Has willfully refused to comply with the laws and regulations relative to nursery stock, or to any pest which that might be carried by nursery stock.(b) Was intentionally guilty of fraud or deception in the procurement of the license.(c) Has been guilty of fraud or misrepresentation in the handling or sale of nursery stock.(d) Has failed to maintain nursery stock produced or sold by him the secretary in accordance with the standards of cleanliness which that are prescribed by the director. secretary.(e) Has failed to comply with any lawful order which is issued by the director secretary or commissioner.(f) Has failed to comply with Chapter 12.6 (commencing with Section 74701) of Part 2 of Division 22.SEC. 2. Section 67026 is added to the Food and Agricultural Code, to read:67026. Ex officio members means nonvoting members of the commission.SEC. 3. Section 67052 of the Food and Agricultural Code is amended to read:67052. (a) Each district shall have one alternate producer member, to be elected in the same manner as producer members.(b) The alternate producer member shall, in the absence of a producer member from the same district, sit serve in place of the absent producer member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the producer member when sitting serving on the commission.SEC. 4. Section 67052.5 of the Food and Agricultural Code is amended to read:67052.5. (a) There shall be one alternate public member who shall be appointed by the secretary from nominees recommended by the commission.(b) The alternate public member shall, in the absence of the public member, sit serve in place of the absent public member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the public member when sitting serving on the commission.SEC. 5. Section 67054 of the Food and Agricultural Code is amended to read:67054. (a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial interest in the production of avocados within the district in which the producer stands for election.(b) A producer may stand for election in any district in which the producer has a financial interest in the production of avocados.(c) Handler members and the alternate handler members shall have a financial interest in handling avocados for markets. To be nominated and elected, a handler or alternate handler shall handle no less than 1 percent of the total industry volume of avocados in the preceding marketing year. Any A handler elected to the commission pursuant to this section shall be required to maintain his or her their eligibility under this section during his or her their entire term of office.(d) The public member and alternate member shall not have any financial interest in the avocado industry. Except for the nomination of another public member, the public member and his or her their alternate member on the commission shall have all the powers, rights, and privileges of any other member on the commission.SEC. 6. Section 67057 of the Food and Agricultural Code is amended to read:67057. The commission may appoint its own officers, including a chairman, chair, one or more vice chairmen, chair, and such other officers as it deems necessary. The officers shall have the powers and duties as may be delegated to them by the commission.SEC. 7. Section 67059.5 of the Food and Agricultural Code is amended to read:67059.5. The secretary or his or her the secretarys representatives shall be notified and may attend each meeting of the commission.SEC. 8. Section 67062 of the Food and Agricultural Code is amended to read:67062. The state is not liable for the acts of the commission or its contracts, except for state-directed supervision of the avocado inspection program, as specified in Chapter 9 (commencing with Section 44971) of Division 17, which is performed under an agreement that specifies that each of the parties shall be responsible and liable for that partys decisions made pursuant to the agreement, and that each of the parties shall not be held liable by the other party for the decisions made pursuant to the agreement. 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 A member of the commission or alternate member, or any employee or agent thereof, shall not be personally liable on the contracts of the commission nor shall a member, alternate member, or employee of the commission be responsible individually in any way to any a producer or 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 their own individual acts of dishonesty or crime. No A member or alternate member shall not be held responsible individually for any act or omission of any member of the commission. The liability of the members and alternate members shall be several and not joint, and no a member or alternate member shall not be liable for the default of any other members. members or alternate members.SEC. 9. Section 67082 of the Food and Agricultural Code is amended to read:67082. Subsequent to the first election of members under this chapter, persons Persons to be elected to the commission shall be selected pursuant to nomination and election procedures adopted by the commission and concurred in by the secretary.SEC. 10. Section 67091 of the Food and Agricultural Code is amended to read:67091. The powers and duties of the commission include, but are not limited to, all of the following:(a) Adopt and, from time to time, alter, rescind, modify, and amend all proper and necessary rules, procedures, and orders procedures to carry out this chapter and in the exercise of its powers and the performance of its duties, including the adoption of rules procedures to regulate appeals from any rule, procedure, or order action of the commission.(b) Administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with or deemed reasonably necessary, proper, or advisable to effectuate the purposes of this chapter.(c) Employ a person, to serve, at the pleasure of the commission, as president and chief executive officer of the commission and other personnel, including legal counsel.(d) Establish offices, incur expenses, enter into any and all contracts and agreements, and create liabilities and borrow funds in advance of receipt of assessments that may be necessary, at the discretion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties.(e) Keep accurate books, records, and accounts of all of its dealings, which books, records, and accounts are subject to an annual independent audit by an auditing firm approved by the secretary. The independent audit shall be made a part of an annual report to all producers and handlers of avocados, copies of which shall also be submitted to the Legislature. In addition, the secretary may, as he or she the secretary determines necessary, conduct, or cause to be conducted, a fiscal and compliance audit of the commission.(f) Promote the sale of avocados by advertising and other promotional means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for avocados and to educate and instruct the public with respect to avocados and the uses of the several varieties and the healthful properties and nutritional value of avocados.(g) Enter into cost-sharing advertising with other products considered, by the commission, to be fair and equitable to both parties.(h) Educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling avocados; arrange for the performance of dealer service work providing display and other promotional materials; make market and inventory surveys and analyses; present facts to and negotiate with state, federal, and foreign agencies on matters which affect the avocado industry; and undertake any other activities which that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new markets for avocados.(i) Make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts or agreements that the commission may deem necessary for the promotion of the sale of avocados.(j) Conduct and contract with others to conduct scientific research, including the study, analysis, dissemination, and accumulation of information obtained from the research or elsewhere respecting the inventory, marketing, and distribution of avocados. The results of any research conducted by or on behalf of the commission may be used by the commission in any way it deems appropriate, and notwithstanding any other provision of law, may be maintained in confidence by the commission and not disseminated to any person not subject to this chapter.(k) Accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or to local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California avocado industry.(l) Publish and distribute without charge, a bulletin or other communication for dissemination of information relating to inventory, marketing, and other information of value to the commission and the avocado industry to producers, handlers, and the public.(m) Establish an assessment rate to defray operating costs of the commission.(n) Establish an annual budget.(o) Investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations of this chapter.(p) Carry out the requirements prescribed in Chapter 9 (commencing with Section 44971) of Division 17.(q) To provide to the secretary, on a quarterly basis, a summary of the programs, activities, and costs under review for the next marketing season.(r) Require producers to provide information as determined by the commission pertaining to the locations at which avocados are produced and the annual volume of avocados produced at each location. The information shall be provided in a time and manner prescribed by the commission and shall be subject to the confidentiality provisions of Section 67104.(s) Utilize Use information provided to the commission for the purposes of food safety, communications, reapportionment of districts, and the conduct of elections and referenda. referenda, and any other matters related to the activities of the commission.SEC. 11. Section 67101 of the Food and Agricultural Code is amended to read:67101. (a) The commission shall, not later than November 1 of each year, establish the assessment as a fixed rate or percentage of value for the following marketing season beginning November 1st 1, and ending October 31st. In no event shall the 31. The assessment shall not exceed 61/2 percent of the gross dollar value of the years sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Expenditures for administrative purposes within the maximum assessment shall not exceed 21/2 percent of the gross dollar value of sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Assessments provided for in this section shall be upon the producer. The handler shall deduct that assessment from either amounts paid by him or her to the producer or amounts retained by him or her the handler if the handler is also the producer, and the handler shall be a trustee of those funds until they are paid to the commission at the time and in the manner prescribed by the commission.In no event shall the(b) The combined assessment of the commission and any state marketing order shall not exceed 61/2 percent of the gross value of the years sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers.SEC. 12. Section 67133 of the Food and Agricultural Code is amended to read:67133. After the effective date of suspension of this chapter and of the commission, the operations of the commission shall be wound up, and any asset of the commission shall be liquidated and the proceeds, along with any and all moneys remaining held by the commission, collected by assessment and not required to defray the expenses of winding up and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding current marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of a pro rata refund to those persons, any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid to any existing state or federally authorized avocado program. If no program exists, the moneys shall be paid into the State Treasury as unclaimed trust moneys. into an appropriate state or federal program or used to fund activities related to the subject matter of this chapter.SEC. 13. Section 75601 of the Food and Agricultural Code is amended to read:75601. (a) The commission may recommend to the secretary the adoption of maturity standards and quality standards or product labeling standards, or engage in any other activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21) that are in accordance with the procedures specified in that act, unless otherwise specified in this article.(b) Any standards that are adopted shall be implemented by the secretary at the beginning of the marketing year next succeeding the date in on which they were approved by the secretary.(c) Any standards recommended by the commission and approved by the secretary shall not be operative until approved by the vote specified in Section 75612.(d) The commission shall serve as the advisory body to the secretary on all matters pertaining to this section.SEC. 14. Section 79818 of the Food and Agricultural Code is amended to read:79818. (a) Handler means a person who engages, in this state, in the operation of marketing olive oil processing or milling of olives into olive oil that he or she the handler has produced, or purchased or acquired from an olive producer, or that he or she is marketing toll processes or mills olives on behalf of an olive 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.SEC. 15. Section 79821 of the Food and Agricultural Code is amended to read:79821. Producer means any a person that produces or causes to be produced olives that are processed or toll processed into olive oil in the amount of 5,000 gallons or more during the marketing season and that shall, upon request of the commission, provide proof of commodity sale.SEC. 16. Section 79824 is added to the Food and Agricultural Code, to read:79824. Toll processor means to process or mill olives into olive oil on behalf of a producer. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1322Introduced by Committee on Agriculture (Assembly Members Soria (Chair), Alanis (Vice Chair), Aguiar-Curry, Connolly, Jeff Gonzalez, Hadwick, Irwin, and Ransom)February 21, 2025 An act to amend Sections 6761, 67052, 67052.5, 67054, 67057, 67059.5, 67062, 67082, 67091, 67101, 67133, 75601, 79818, and 79821 of, and to add Sections 67026 and 79824 to, the Food and Agricultural Code, relating to agriculture. LEGISLATIVE COUNSEL'S DIGESTAB 1322, as introduced, Committee on Agriculture. Agricultural commissions.(1) Existing law specifies the duties of the Secretary of Food and Agriculture and county agricultural commissioners with respect to the sale and control of nursery stock, as defined. Existing law requires a person to hold a valid license in order to sell nursery stock.Existing law establishes the California Grape Rootstock Improvement Commission to maintain and regulate grape rootstock in the state.This bill would authorize the secretary, after investigation and hearing, to refuse to issue or renew a license, or to suspend or revoke a license, if the secretary determines that the licensee or the applicant has violated specified provisions relating to the California Grape Rootstock Improvement Commission.(2) Existing law establishes the California Avocado Commission to efficiently develop and manage the marketing of avocados and provides requirements for membership to the commission, including for alternate members, as specified.The bill would, among other things, expand specified provisions regarding membership to the commission to alternate members, require the assessment established by the commission to be as a fixed rate or percentage of value rather than as solely a fixed rate, and require any remaining assessment funds to be distributed for the benefit of the avocado industry into any state or federal programs in the event of termination or suspension of the commission.(3) Existing law establishes the California Apple Commission to efficiently develop and manage the marketing of apples, as specified. Existing law authorizes the commission to recommend to the secretary the adoption of maturity standards authorized pursuant to the California Marketing Act of 1937, as specified.This bill would authorize the California Apple Commission to recommend to the secretary quality standards and product labeling standards, and to engage in any other activity, authorized by California Marketing Act of 1937.(4) Existing law establishes the Olive Oil Commission of California to efficiently develop and manage the marketing of olive oil, as specified. Existing law defines the terms handler and producer for purposes of these provisions.This bill would specify that handler and producer include persons that toll process olives for olive oil. The bill would define toll processor for purposes of these provisions, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 1322 |
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| 15 | 15 | | Introduced by Committee on Agriculture (Assembly Members Soria (Chair), Alanis (Vice Chair), Aguiar-Curry, Connolly, Jeff Gonzalez, Hadwick, Irwin, and Ransom)February 21, 2025 |
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| 17 | 17 | | Introduced by Committee on Agriculture (Assembly Members Soria (Chair), Alanis (Vice Chair), Aguiar-Curry, Connolly, Jeff Gonzalez, Hadwick, Irwin, and Ransom) |
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| 18 | 18 | | February 21, 2025 |
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| 20 | 20 | | An act to amend Sections 6761, 67052, 67052.5, 67054, 67057, 67059.5, 67062, 67082, 67091, 67101, 67133, 75601, 79818, and 79821 of, and to add Sections 67026 and 79824 to, the Food and Agricultural Code, relating to agriculture. |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 1322, as introduced, Committee on Agriculture. Agricultural commissions. |
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| 28 | 28 | | (1) Existing law specifies the duties of the Secretary of Food and Agriculture and county agricultural commissioners with respect to the sale and control of nursery stock, as defined. Existing law requires a person to hold a valid license in order to sell nursery stock.Existing law establishes the California Grape Rootstock Improvement Commission to maintain and regulate grape rootstock in the state.This bill would authorize the secretary, after investigation and hearing, to refuse to issue or renew a license, or to suspend or revoke a license, if the secretary determines that the licensee or the applicant has violated specified provisions relating to the California Grape Rootstock Improvement Commission.(2) Existing law establishes the California Avocado Commission to efficiently develop and manage the marketing of avocados and provides requirements for membership to the commission, including for alternate members, as specified.The bill would, among other things, expand specified provisions regarding membership to the commission to alternate members, require the assessment established by the commission to be as a fixed rate or percentage of value rather than as solely a fixed rate, and require any remaining assessment funds to be distributed for the benefit of the avocado industry into any state or federal programs in the event of termination or suspension of the commission.(3) Existing law establishes the California Apple Commission to efficiently develop and manage the marketing of apples, as specified. Existing law authorizes the commission to recommend to the secretary the adoption of maturity standards authorized pursuant to the California Marketing Act of 1937, as specified.This bill would authorize the California Apple Commission to recommend to the secretary quality standards and product labeling standards, and to engage in any other activity, authorized by California Marketing Act of 1937.(4) Existing law establishes the Olive Oil Commission of California to efficiently develop and manage the marketing of olive oil, as specified. Existing law defines the terms handler and producer for purposes of these provisions.This bill would specify that handler and producer include persons that toll process olives for olive oil. The bill would define toll processor for purposes of these provisions, as specified. |
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| 30 | 30 | | (1) Existing law specifies the duties of the Secretary of Food and Agriculture and county agricultural commissioners with respect to the sale and control of nursery stock, as defined. Existing law requires a person to hold a valid license in order to sell nursery stock. |
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| 32 | 32 | | Existing law establishes the California Grape Rootstock Improvement Commission to maintain and regulate grape rootstock in the state. |
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| 34 | 34 | | This bill would authorize the secretary, after investigation and hearing, to refuse to issue or renew a license, or to suspend or revoke a license, if the secretary determines that the licensee or the applicant has violated specified provisions relating to the California Grape Rootstock Improvement Commission. |
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| 36 | 36 | | (2) Existing law establishes the California Avocado Commission to efficiently develop and manage the marketing of avocados and provides requirements for membership to the commission, including for alternate members, as specified. |
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| 38 | 38 | | The bill would, among other things, expand specified provisions regarding membership to the commission to alternate members, require the assessment established by the commission to be as a fixed rate or percentage of value rather than as solely a fixed rate, and require any remaining assessment funds to be distributed for the benefit of the avocado industry into any state or federal programs in the event of termination or suspension of the commission. |
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| 40 | 40 | | (3) Existing law establishes the California Apple Commission to efficiently develop and manage the marketing of apples, as specified. Existing law authorizes the commission to recommend to the secretary the adoption of maturity standards authorized pursuant to the California Marketing Act of 1937, as specified. |
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| 42 | 42 | | This bill would authorize the California Apple Commission to recommend to the secretary quality standards and product labeling standards, and to engage in any other activity, authorized by California Marketing Act of 1937. |
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| 44 | 44 | | (4) Existing law establishes the Olive Oil Commission of California to efficiently develop and manage the marketing of olive oil, as specified. Existing law defines the terms handler and producer for purposes of these provisions. |
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| 45 | 45 | | |
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| 46 | 46 | | This bill would specify that handler and producer include persons that toll process olives for olive oil. The bill would define toll processor for purposes of these provisions, as specified. |
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| 47 | 47 | | |
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| 48 | 48 | | ## Digest Key |
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| 50 | 50 | | ## Bill Text |
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| 52 | 52 | | The people of the State of California do enact as follows:SECTION 1. Section 6761 of the Food and Agricultural Code is amended to read:6761. The director, secretary, after investigation and hearing, may refuse to issue or renew a license, or may suspend or revoke a license, if he the secretary determines that the licensee or the applicant has done any of the following:(a) Has willfully refused to comply with the laws and regulations relative to nursery stock, or to any pest which that might be carried by nursery stock.(b) Was intentionally guilty of fraud or deception in the procurement of the license.(c) Has been guilty of fraud or misrepresentation in the handling or sale of nursery stock.(d) Has failed to maintain nursery stock produced or sold by him the secretary in accordance with the standards of cleanliness which that are prescribed by the director. secretary.(e) Has failed to comply with any lawful order which is issued by the director secretary or commissioner.(f) Has failed to comply with Chapter 12.6 (commencing with Section 74701) of Part 2 of Division 22.SEC. 2. Section 67026 is added to the Food and Agricultural Code, to read:67026. Ex officio members means nonvoting members of the commission.SEC. 3. Section 67052 of the Food and Agricultural Code is amended to read:67052. (a) Each district shall have one alternate producer member, to be elected in the same manner as producer members.(b) The alternate producer member shall, in the absence of a producer member from the same district, sit serve in place of the absent producer member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the producer member when sitting serving on the commission.SEC. 4. Section 67052.5 of the Food and Agricultural Code is amended to read:67052.5. (a) There shall be one alternate public member who shall be appointed by the secretary from nominees recommended by the commission.(b) The alternate public member shall, in the absence of the public member, sit serve in place of the absent public member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the public member when sitting serving on the commission.SEC. 5. Section 67054 of the Food and Agricultural Code is amended to read:67054. (a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial interest in the production of avocados within the district in which the producer stands for election.(b) A producer may stand for election in any district in which the producer has a financial interest in the production of avocados.(c) Handler members and the alternate handler members shall have a financial interest in handling avocados for markets. To be nominated and elected, a handler or alternate handler shall handle no less than 1 percent of the total industry volume of avocados in the preceding marketing year. Any A handler elected to the commission pursuant to this section shall be required to maintain his or her their eligibility under this section during his or her their entire term of office.(d) The public member and alternate member shall not have any financial interest in the avocado industry. Except for the nomination of another public member, the public member and his or her their alternate member on the commission shall have all the powers, rights, and privileges of any other member on the commission.SEC. 6. Section 67057 of the Food and Agricultural Code is amended to read:67057. The commission may appoint its own officers, including a chairman, chair, one or more vice chairmen, chair, and such other officers as it deems necessary. The officers shall have the powers and duties as may be delegated to them by the commission.SEC. 7. Section 67059.5 of the Food and Agricultural Code is amended to read:67059.5. The secretary or his or her the secretarys representatives shall be notified and may attend each meeting of the commission.SEC. 8. Section 67062 of the Food and Agricultural Code is amended to read:67062. The state is not liable for the acts of the commission or its contracts, except for state-directed supervision of the avocado inspection program, as specified in Chapter 9 (commencing with Section 44971) of Division 17, which is performed under an agreement that specifies that each of the parties shall be responsible and liable for that partys decisions made pursuant to the agreement, and that each of the parties shall not be held liable by the other party for the decisions made pursuant to the agreement. 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 A member of the commission or alternate member, or any employee or agent thereof, shall not be personally liable on the contracts of the commission nor shall a member, alternate member, or employee of the commission be responsible individually in any way to any a producer or 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 their own individual acts of dishonesty or crime. No A member or alternate member shall not be held responsible individually for any act or omission of any member of the commission. The liability of the members and alternate members shall be several and not joint, and no a member or alternate member shall not be liable for the default of any other members. members or alternate members.SEC. 9. Section 67082 of the Food and Agricultural Code is amended to read:67082. Subsequent to the first election of members under this chapter, persons Persons to be elected to the commission shall be selected pursuant to nomination and election procedures adopted by the commission and concurred in by the secretary.SEC. 10. Section 67091 of the Food and Agricultural Code is amended to read:67091. The powers and duties of the commission include, but are not limited to, all of the following:(a) Adopt and, from time to time, alter, rescind, modify, and amend all proper and necessary rules, procedures, and orders procedures to carry out this chapter and in the exercise of its powers and the performance of its duties, including the adoption of rules procedures to regulate appeals from any rule, procedure, or order action of the commission.(b) Administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with or deemed reasonably necessary, proper, or advisable to effectuate the purposes of this chapter.(c) Employ a person, to serve, at the pleasure of the commission, as president and chief executive officer of the commission and other personnel, including legal counsel.(d) Establish offices, incur expenses, enter into any and all contracts and agreements, and create liabilities and borrow funds in advance of receipt of assessments that may be necessary, at the discretion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties.(e) Keep accurate books, records, and accounts of all of its dealings, which books, records, and accounts are subject to an annual independent audit by an auditing firm approved by the secretary. The independent audit shall be made a part of an annual report to all producers and handlers of avocados, copies of which shall also be submitted to the Legislature. In addition, the secretary may, as he or she the secretary determines necessary, conduct, or cause to be conducted, a fiscal and compliance audit of the commission.(f) Promote the sale of avocados by advertising and other promotional means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for avocados and to educate and instruct the public with respect to avocados and the uses of the several varieties and the healthful properties and nutritional value of avocados.(g) Enter into cost-sharing advertising with other products considered, by the commission, to be fair and equitable to both parties.(h) Educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling avocados; arrange for the performance of dealer service work providing display and other promotional materials; make market and inventory surveys and analyses; present facts to and negotiate with state, federal, and foreign agencies on matters which affect the avocado industry; and undertake any other activities which that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new markets for avocados.(i) Make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts or agreements that the commission may deem necessary for the promotion of the sale of avocados.(j) Conduct and contract with others to conduct scientific research, including the study, analysis, dissemination, and accumulation of information obtained from the research or elsewhere respecting the inventory, marketing, and distribution of avocados. The results of any research conducted by or on behalf of the commission may be used by the commission in any way it deems appropriate, and notwithstanding any other provision of law, may be maintained in confidence by the commission and not disseminated to any person not subject to this chapter.(k) Accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or to local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California avocado industry.(l) Publish and distribute without charge, a bulletin or other communication for dissemination of information relating to inventory, marketing, and other information of value to the commission and the avocado industry to producers, handlers, and the public.(m) Establish an assessment rate to defray operating costs of the commission.(n) Establish an annual budget.(o) Investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations of this chapter.(p) Carry out the requirements prescribed in Chapter 9 (commencing with Section 44971) of Division 17.(q) To provide to the secretary, on a quarterly basis, a summary of the programs, activities, and costs under review for the next marketing season.(r) Require producers to provide information as determined by the commission pertaining to the locations at which avocados are produced and the annual volume of avocados produced at each location. The information shall be provided in a time and manner prescribed by the commission and shall be subject to the confidentiality provisions of Section 67104.(s) Utilize Use information provided to the commission for the purposes of food safety, communications, reapportionment of districts, and the conduct of elections and referenda. referenda, and any other matters related to the activities of the commission.SEC. 11. Section 67101 of the Food and Agricultural Code is amended to read:67101. (a) The commission shall, not later than November 1 of each year, establish the assessment as a fixed rate or percentage of value for the following marketing season beginning November 1st 1, and ending October 31st. In no event shall the 31. The assessment shall not exceed 61/2 percent of the gross dollar value of the years sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Expenditures for administrative purposes within the maximum assessment shall not exceed 21/2 percent of the gross dollar value of sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Assessments provided for in this section shall be upon the producer. The handler shall deduct that assessment from either amounts paid by him or her to the producer or amounts retained by him or her the handler if the handler is also the producer, and the handler shall be a trustee of those funds until they are paid to the commission at the time and in the manner prescribed by the commission.In no event shall the(b) The combined assessment of the commission and any state marketing order shall not exceed 61/2 percent of the gross value of the years sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers.SEC. 12. Section 67133 of the Food and Agricultural Code is amended to read:67133. After the effective date of suspension of this chapter and of the commission, the operations of the commission shall be wound up, and any asset of the commission shall be liquidated and the proceeds, along with any and all moneys remaining held by the commission, collected by assessment and not required to defray the expenses of winding up and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding current marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of a pro rata refund to those persons, any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid to any existing state or federally authorized avocado program. If no program exists, the moneys shall be paid into the State Treasury as unclaimed trust moneys. into an appropriate state or federal program or used to fund activities related to the subject matter of this chapter.SEC. 13. Section 75601 of the Food and Agricultural Code is amended to read:75601. (a) The commission may recommend to the secretary the adoption of maturity standards and quality standards or product labeling standards, or engage in any other activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21) that are in accordance with the procedures specified in that act, unless otherwise specified in this article.(b) Any standards that are adopted shall be implemented by the secretary at the beginning of the marketing year next succeeding the date in on which they were approved by the secretary.(c) Any standards recommended by the commission and approved by the secretary shall not be operative until approved by the vote specified in Section 75612.(d) The commission shall serve as the advisory body to the secretary on all matters pertaining to this section.SEC. 14. Section 79818 of the Food and Agricultural Code is amended to read:79818. (a) Handler means a person who engages, in this state, in the operation of marketing olive oil processing or milling of olives into olive oil that he or she the handler has produced, or purchased or acquired from an olive producer, or that he or she is marketing toll processes or mills olives on behalf of an olive 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.SEC. 15. Section 79821 of the Food and Agricultural Code is amended to read:79821. Producer means any a person that produces or causes to be produced olives that are processed or toll processed into olive oil in the amount of 5,000 gallons or more during the marketing season and that shall, upon request of the commission, provide proof of commodity sale.SEC. 16. Section 79824 is added to the Food and Agricultural Code, to read:79824. Toll processor means to process or mill olives into olive oil on behalf of a producer. |
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| 53 | 53 | | |
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| 54 | 54 | | The people of the State of California do enact as follows: |
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| 55 | 55 | | |
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| 56 | 56 | | ## The people of the State of California do enact as follows: |
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| 57 | 57 | | |
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| 58 | 58 | | SECTION 1. Section 6761 of the Food and Agricultural Code is amended to read:6761. The director, secretary, after investigation and hearing, may refuse to issue or renew a license, or may suspend or revoke a license, if he the secretary determines that the licensee or the applicant has done any of the following:(a) Has willfully refused to comply with the laws and regulations relative to nursery stock, or to any pest which that might be carried by nursery stock.(b) Was intentionally guilty of fraud or deception in the procurement of the license.(c) Has been guilty of fraud or misrepresentation in the handling or sale of nursery stock.(d) Has failed to maintain nursery stock produced or sold by him the secretary in accordance with the standards of cleanliness which that are prescribed by the director. secretary.(e) Has failed to comply with any lawful order which is issued by the director secretary or commissioner.(f) Has failed to comply with Chapter 12.6 (commencing with Section 74701) of Part 2 of Division 22. |
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| 59 | 59 | | |
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| 60 | 60 | | SECTION 1. Section 6761 of the Food and Agricultural Code is amended to read: |
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| 61 | 61 | | |
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| 62 | 62 | | ### SECTION 1. |
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| 63 | 63 | | |
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| 64 | 64 | | 6761. The director, secretary, after investigation and hearing, may refuse to issue or renew a license, or may suspend or revoke a license, if he the secretary determines that the licensee or the applicant has done any of the following:(a) Has willfully refused to comply with the laws and regulations relative to nursery stock, or to any pest which that might be carried by nursery stock.(b) Was intentionally guilty of fraud or deception in the procurement of the license.(c) Has been guilty of fraud or misrepresentation in the handling or sale of nursery stock.(d) Has failed to maintain nursery stock produced or sold by him the secretary in accordance with the standards of cleanliness which that are prescribed by the director. secretary.(e) Has failed to comply with any lawful order which is issued by the director secretary or commissioner.(f) Has failed to comply with Chapter 12.6 (commencing with Section 74701) of Part 2 of Division 22. |
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| 65 | 65 | | |
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| 66 | 66 | | 6761. The director, secretary, after investigation and hearing, may refuse to issue or renew a license, or may suspend or revoke a license, if he the secretary determines that the licensee or the applicant has done any of the following:(a) Has willfully refused to comply with the laws and regulations relative to nursery stock, or to any pest which that might be carried by nursery stock.(b) Was intentionally guilty of fraud or deception in the procurement of the license.(c) Has been guilty of fraud or misrepresentation in the handling or sale of nursery stock.(d) Has failed to maintain nursery stock produced or sold by him the secretary in accordance with the standards of cleanliness which that are prescribed by the director. secretary.(e) Has failed to comply with any lawful order which is issued by the director secretary or commissioner.(f) Has failed to comply with Chapter 12.6 (commencing with Section 74701) of Part 2 of Division 22. |
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| 67 | 67 | | |
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| 68 | 68 | | 6761. The director, secretary, after investigation and hearing, may refuse to issue or renew a license, or may suspend or revoke a license, if he the secretary determines that the licensee or the applicant has done any of the following:(a) Has willfully refused to comply with the laws and regulations relative to nursery stock, or to any pest which that might be carried by nursery stock.(b) Was intentionally guilty of fraud or deception in the procurement of the license.(c) Has been guilty of fraud or misrepresentation in the handling or sale of nursery stock.(d) Has failed to maintain nursery stock produced or sold by him the secretary in accordance with the standards of cleanliness which that are prescribed by the director. secretary.(e) Has failed to comply with any lawful order which is issued by the director secretary or commissioner.(f) Has failed to comply with Chapter 12.6 (commencing with Section 74701) of Part 2 of Division 22. |
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| 69 | 69 | | |
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| 70 | 70 | | |
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| 71 | 71 | | |
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| 72 | 72 | | 6761. The director, secretary, after investigation and hearing, may refuse to issue or renew a license, or may suspend or revoke a license, if he the secretary determines that the licensee or the applicant has done any of the following: |
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| 73 | 73 | | |
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| 74 | 74 | | (a) Has willfully refused to comply with the laws and regulations relative to nursery stock, or to any pest which that might be carried by nursery stock. |
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| 75 | 75 | | |
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| 76 | 76 | | (b) Was intentionally guilty of fraud or deception in the procurement of the license. |
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| 77 | 77 | | |
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| 78 | 78 | | (c) Has been guilty of fraud or misrepresentation in the handling or sale of nursery stock. |
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| 79 | 79 | | |
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| 80 | 80 | | (d) Has failed to maintain nursery stock produced or sold by him the secretary in accordance with the standards of cleanliness which that are prescribed by the director. secretary. |
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| 81 | 81 | | |
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| 82 | 82 | | (e) Has failed to comply with any lawful order which is issued by the director secretary or commissioner. |
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| 83 | 83 | | |
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| 84 | 84 | | (f) Has failed to comply with Chapter 12.6 (commencing with Section 74701) of Part 2 of Division 22. |
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| 85 | 85 | | |
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| 86 | 86 | | SEC. 2. Section 67026 is added to the Food and Agricultural Code, to read:67026. Ex officio members means nonvoting members of the commission. |
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| 87 | 87 | | |
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| 88 | 88 | | SEC. 2. Section 67026 is added to the Food and Agricultural Code, to read: |
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| 89 | 89 | | |
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| 90 | 90 | | ### SEC. 2. |
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| 91 | 91 | | |
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| 92 | 92 | | 67026. Ex officio members means nonvoting members of the commission. |
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| 93 | 93 | | |
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| 94 | 94 | | 67026. Ex officio members means nonvoting members of the commission. |
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| 95 | 95 | | |
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| 96 | 96 | | 67026. Ex officio members means nonvoting members of the commission. |
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| 97 | 97 | | |
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| 98 | 98 | | |
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| 99 | 99 | | |
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| 100 | 100 | | 67026. Ex officio members means nonvoting members of the commission. |
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| 101 | 101 | | |
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| 102 | 102 | | SEC. 3. Section 67052 of the Food and Agricultural Code is amended to read:67052. (a) Each district shall have one alternate producer member, to be elected in the same manner as producer members.(b) The alternate producer member shall, in the absence of a producer member from the same district, sit serve in place of the absent producer member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the producer member when sitting serving on the commission. |
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| 103 | 103 | | |
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| 104 | 104 | | SEC. 3. Section 67052 of the Food and Agricultural Code is amended to read: |
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| 105 | 105 | | |
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| 106 | 106 | | ### SEC. 3. |
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| 107 | 107 | | |
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| 108 | 108 | | 67052. (a) Each district shall have one alternate producer member, to be elected in the same manner as producer members.(b) The alternate producer member shall, in the absence of a producer member from the same district, sit serve in place of the absent producer member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the producer member when sitting serving on the commission. |
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| 109 | 109 | | |
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| 110 | 110 | | 67052. (a) Each district shall have one alternate producer member, to be elected in the same manner as producer members.(b) The alternate producer member shall, in the absence of a producer member from the same district, sit serve in place of the absent producer member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the producer member when sitting serving on the commission. |
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| 111 | 111 | | |
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| 112 | 112 | | 67052. (a) Each district shall have one alternate producer member, to be elected in the same manner as producer members.(b) The alternate producer member shall, in the absence of a producer member from the same district, sit serve in place of the absent producer member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the producer member when sitting serving on the commission. |
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| 113 | 113 | | |
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| 114 | 114 | | |
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| 115 | 115 | | |
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| 116 | 116 | | 67052. (a) Each district shall have one alternate producer member, to be elected in the same manner as producer members. |
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| 117 | 117 | | |
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| 118 | 118 | | (b) The alternate producer member shall, in the absence of a producer member from the same district, sit serve in place of the absent producer member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the producer member when sitting serving on the commission. |
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| 119 | 119 | | |
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| 120 | 120 | | SEC. 4. Section 67052.5 of the Food and Agricultural Code is amended to read:67052.5. (a) There shall be one alternate public member who shall be appointed by the secretary from nominees recommended by the commission.(b) The alternate public member shall, in the absence of the public member, sit serve in place of the absent public member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the public member when sitting serving on the commission. |
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| 121 | 121 | | |
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| 122 | 122 | | SEC. 4. Section 67052.5 of the Food and Agricultural Code is amended to read: |
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| 123 | 123 | | |
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| 124 | 124 | | ### SEC. 4. |
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| 125 | 125 | | |
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| 126 | 126 | | 67052.5. (a) There shall be one alternate public member who shall be appointed by the secretary from nominees recommended by the commission.(b) The alternate public member shall, in the absence of the public member, sit serve in place of the absent public member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the public member when sitting serving on the commission. |
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| 127 | 127 | | |
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| 128 | 128 | | 67052.5. (a) There shall be one alternate public member who shall be appointed by the secretary from nominees recommended by the commission.(b) The alternate public member shall, in the absence of the public member, sit serve in place of the absent public member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the public member when sitting serving on the commission. |
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| 129 | 129 | | |
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| 130 | 130 | | 67052.5. (a) There shall be one alternate public member who shall be appointed by the secretary from nominees recommended by the commission.(b) The alternate public member shall, in the absence of the public member, sit serve in place of the absent public member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the public member when sitting serving on the commission. |
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| 131 | 131 | | |
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| 132 | 132 | | |
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| 133 | 133 | | |
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| 134 | 134 | | 67052.5. (a) There shall be one alternate public member who shall be appointed by the secretary from nominees recommended by the commission. |
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| 135 | 135 | | |
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| 136 | 136 | | (b) The alternate public member shall, in the absence of the public member, sit serve in place of the absent public member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the public member when sitting serving on the commission. |
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| 137 | 137 | | |
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| 138 | 138 | | SEC. 5. Section 67054 of the Food and Agricultural Code is amended to read:67054. (a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial interest in the production of avocados within the district in which the producer stands for election.(b) A producer may stand for election in any district in which the producer has a financial interest in the production of avocados.(c) Handler members and the alternate handler members shall have a financial interest in handling avocados for markets. To be nominated and elected, a handler or alternate handler shall handle no less than 1 percent of the total industry volume of avocados in the preceding marketing year. Any A handler elected to the commission pursuant to this section shall be required to maintain his or her their eligibility under this section during his or her their entire term of office.(d) The public member and alternate member shall not have any financial interest in the avocado industry. Except for the nomination of another public member, the public member and his or her their alternate member on the commission shall have all the powers, rights, and privileges of any other member on the commission. |
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| 139 | 139 | | |
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| 140 | 140 | | SEC. 5. Section 67054 of the Food and Agricultural Code is amended to read: |
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| 141 | 141 | | |
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| 142 | 142 | | ### SEC. 5. |
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| 143 | 143 | | |
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| 144 | 144 | | 67054. (a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial interest in the production of avocados within the district in which the producer stands for election.(b) A producer may stand for election in any district in which the producer has a financial interest in the production of avocados.(c) Handler members and the alternate handler members shall have a financial interest in handling avocados for markets. To be nominated and elected, a handler or alternate handler shall handle no less than 1 percent of the total industry volume of avocados in the preceding marketing year. Any A handler elected to the commission pursuant to this section shall be required to maintain his or her their eligibility under this section during his or her their entire term of office.(d) The public member and alternate member shall not have any financial interest in the avocado industry. Except for the nomination of another public member, the public member and his or her their alternate member on the commission shall have all the powers, rights, and privileges of any other member on the commission. |
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| 145 | 145 | | |
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| 146 | 146 | | 67054. (a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial interest in the production of avocados within the district in which the producer stands for election.(b) A producer may stand for election in any district in which the producer has a financial interest in the production of avocados.(c) Handler members and the alternate handler members shall have a financial interest in handling avocados for markets. To be nominated and elected, a handler or alternate handler shall handle no less than 1 percent of the total industry volume of avocados in the preceding marketing year. Any A handler elected to the commission pursuant to this section shall be required to maintain his or her their eligibility under this section during his or her their entire term of office.(d) The public member and alternate member shall not have any financial interest in the avocado industry. Except for the nomination of another public member, the public member and his or her their alternate member on the commission shall have all the powers, rights, and privileges of any other member on the commission. |
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| 147 | 147 | | |
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| 148 | 148 | | 67054. (a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial interest in the production of avocados within the district in which the producer stands for election.(b) A producer may stand for election in any district in which the producer has a financial interest in the production of avocados.(c) Handler members and the alternate handler members shall have a financial interest in handling avocados for markets. To be nominated and elected, a handler or alternate handler shall handle no less than 1 percent of the total industry volume of avocados in the preceding marketing year. Any A handler elected to the commission pursuant to this section shall be required to maintain his or her their eligibility under this section during his or her their entire term of office.(d) The public member and alternate member shall not have any financial interest in the avocado industry. Except for the nomination of another public member, the public member and his or her their alternate member on the commission shall have all the powers, rights, and privileges of any other member on the commission. |
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| 149 | 149 | | |
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| 150 | 150 | | |
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| 151 | 151 | | |
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| 152 | 152 | | 67054. (a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial interest in the production of avocados within the district in which the producer stands for election. |
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| 153 | 153 | | |
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| 154 | 154 | | (b) A producer may stand for election in any district in which the producer has a financial interest in the production of avocados. |
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| 155 | 155 | | |
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| 156 | 156 | | (c) Handler members and the alternate handler members shall have a financial interest in handling avocados for markets. To be nominated and elected, a handler or alternate handler shall handle no less than 1 percent of the total industry volume of avocados in the preceding marketing year. Any A handler elected to the commission pursuant to this section shall be required to maintain his or her their eligibility under this section during his or her their entire term of office. |
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| 157 | 157 | | |
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| 158 | 158 | | (d) The public member and alternate member shall not have any financial interest in the avocado industry. Except for the nomination of another public member, the public member and his or her their alternate member on the commission shall have all the powers, rights, and privileges of any other member on the commission. |
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| 159 | 159 | | |
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| 160 | 160 | | SEC. 6. Section 67057 of the Food and Agricultural Code is amended to read:67057. The commission may appoint its own officers, including a chairman, chair, one or more vice chairmen, chair, and such other officers as it deems necessary. The officers shall have the powers and duties as may be delegated to them by the commission. |
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| 161 | 161 | | |
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| 162 | 162 | | SEC. 6. Section 67057 of the Food and Agricultural Code is amended to read: |
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| 163 | 163 | | |
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| 164 | 164 | | ### SEC. 6. |
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| 165 | 165 | | |
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| 166 | 166 | | 67057. The commission may appoint its own officers, including a chairman, chair, one or more vice chairmen, chair, and such other officers as it deems necessary. The officers shall have the powers and duties as may be delegated to them by the commission. |
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| 167 | 167 | | |
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| 168 | 168 | | 67057. The commission may appoint its own officers, including a chairman, chair, one or more vice chairmen, chair, and such other officers as it deems necessary. The officers shall have the powers and duties as may be delegated to them by the commission. |
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| 169 | 169 | | |
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| 170 | 170 | | 67057. The commission may appoint its own officers, including a chairman, chair, one or more vice chairmen, chair, and such other officers as it deems necessary. The officers shall have the powers and duties as may be delegated to them by the commission. |
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| 171 | 171 | | |
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| 172 | 172 | | |
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| 173 | 173 | | |
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| 174 | 174 | | 67057. The commission may appoint its own officers, including a chairman, chair, one or more vice chairmen, chair, and such other officers as it deems necessary. The officers shall have the powers and duties as may be delegated to them by the commission. |
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| 175 | 175 | | |
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| 176 | 176 | | SEC. 7. Section 67059.5 of the Food and Agricultural Code is amended to read:67059.5. The secretary or his or her the secretarys representatives shall be notified and may attend each meeting of the commission. |
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| 177 | 177 | | |
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| 178 | 178 | | SEC. 7. Section 67059.5 of the Food and Agricultural Code is amended to read: |
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| 179 | 179 | | |
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| 180 | 180 | | ### SEC. 7. |
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| 181 | 181 | | |
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| 182 | 182 | | 67059.5. The secretary or his or her the secretarys representatives shall be notified and may attend each meeting of the commission. |
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| 183 | 183 | | |
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| 184 | 184 | | 67059.5. The secretary or his or her the secretarys representatives shall be notified and may attend each meeting of the commission. |
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| 185 | 185 | | |
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| 186 | 186 | | 67059.5. The secretary or his or her the secretarys representatives shall be notified and may attend each meeting of the commission. |
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| 187 | 187 | | |
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| 188 | 188 | | |
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| 189 | 189 | | |
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| 190 | 190 | | 67059.5. The secretary or his or her the secretarys representatives shall be notified and may attend each meeting of the commission. |
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| 191 | 191 | | |
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| 192 | 192 | | SEC. 8. Section 67062 of the Food and Agricultural Code is amended to read:67062. The state is not liable for the acts of the commission or its contracts, except for state-directed supervision of the avocado inspection program, as specified in Chapter 9 (commencing with Section 44971) of Division 17, which is performed under an agreement that specifies that each of the parties shall be responsible and liable for that partys decisions made pursuant to the agreement, and that each of the parties shall not be held liable by the other party for the decisions made pursuant to the agreement. 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 A member of the commission or alternate member, or any employee or agent thereof, shall not be personally liable on the contracts of the commission nor shall a member, alternate member, or employee of the commission be responsible individually in any way to any a producer or 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 their own individual acts of dishonesty or crime. No A member or alternate member shall not be held responsible individually for any act or omission of any member of the commission. The liability of the members and alternate members shall be several and not joint, and no a member or alternate member shall not be liable for the default of any other members. members or alternate members. |
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| 193 | 193 | | |
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| 194 | 194 | | SEC. 8. Section 67062 of the Food and Agricultural Code is amended to read: |
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| 195 | 195 | | |
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| 196 | 196 | | ### SEC. 8. |
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| 197 | 197 | | |
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| 198 | 198 | | 67062. The state is not liable for the acts of the commission or its contracts, except for state-directed supervision of the avocado inspection program, as specified in Chapter 9 (commencing with Section 44971) of Division 17, which is performed under an agreement that specifies that each of the parties shall be responsible and liable for that partys decisions made pursuant to the agreement, and that each of the parties shall not be held liable by the other party for the decisions made pursuant to the agreement. 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 A member of the commission or alternate member, or any employee or agent thereof, shall not be personally liable on the contracts of the commission nor shall a member, alternate member, or employee of the commission be responsible individually in any way to any a producer or 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 their own individual acts of dishonesty or crime. No A member or alternate member shall not be held responsible individually for any act or omission of any member of the commission. The liability of the members and alternate members shall be several and not joint, and no a member or alternate member shall not be liable for the default of any other members. members or alternate members. |
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| 199 | 199 | | |
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| 200 | 200 | | 67062. The state is not liable for the acts of the commission or its contracts, except for state-directed supervision of the avocado inspection program, as specified in Chapter 9 (commencing with Section 44971) of Division 17, which is performed under an agreement that specifies that each of the parties shall be responsible and liable for that partys decisions made pursuant to the agreement, and that each of the parties shall not be held liable by the other party for the decisions made pursuant to the agreement. 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 A member of the commission or alternate member, or any employee or agent thereof, shall not be personally liable on the contracts of the commission nor shall a member, alternate member, or employee of the commission be responsible individually in any way to any a producer or 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 their own individual acts of dishonesty or crime. No A member or alternate member shall not be held responsible individually for any act or omission of any member of the commission. The liability of the members and alternate members shall be several and not joint, and no a member or alternate member shall not be liable for the default of any other members. members or alternate members. |
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| 201 | 201 | | |
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| 202 | 202 | | 67062. The state is not liable for the acts of the commission or its contracts, except for state-directed supervision of the avocado inspection program, as specified in Chapter 9 (commencing with Section 44971) of Division 17, which is performed under an agreement that specifies that each of the parties shall be responsible and liable for that partys decisions made pursuant to the agreement, and that each of the parties shall not be held liable by the other party for the decisions made pursuant to the agreement. 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 A member of the commission or alternate member, or any employee or agent thereof, shall not be personally liable on the contracts of the commission nor shall a member, alternate member, or employee of the commission be responsible individually in any way to any a producer or 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 their own individual acts of dishonesty or crime. No A member or alternate member shall not be held responsible individually for any act or omission of any member of the commission. The liability of the members and alternate members shall be several and not joint, and no a member or alternate member shall not be liable for the default of any other members. members or alternate members. |
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| 203 | 203 | | |
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| 204 | 204 | | |
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| 205 | 205 | | |
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| 206 | 206 | | 67062. The state is not liable for the acts of the commission or its contracts, except for state-directed supervision of the avocado inspection program, as specified in Chapter 9 (commencing with Section 44971) of Division 17, which is performed under an agreement that specifies that each of the parties shall be responsible and liable for that partys decisions made pursuant to the agreement, and that each of the parties shall not be held liable by the other party for the decisions made pursuant to the agreement. 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 A member of the commission or alternate member, or any employee or agent thereof, shall not be personally liable on the contracts of the commission nor shall a member, alternate member, or employee of the commission be responsible individually in any way to any a producer or 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 their own individual acts of dishonesty or crime. No A member or alternate member shall not be held responsible individually for any act or omission of any member of the commission. The liability of the members and alternate members shall be several and not joint, and no a member or alternate member shall not be liable for the default of any other members. members or alternate members. |
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| 207 | 207 | | |
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| 208 | 208 | | SEC. 9. Section 67082 of the Food and Agricultural Code is amended to read:67082. Subsequent to the first election of members under this chapter, persons Persons to be elected to the commission shall be selected pursuant to nomination and election procedures adopted by the commission and concurred in by the secretary. |
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| 209 | 209 | | |
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| 210 | 210 | | SEC. 9. Section 67082 of the Food and Agricultural Code is amended to read: |
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| 211 | 211 | | |
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| 212 | 212 | | ### SEC. 9. |
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| 213 | 213 | | |
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| 214 | 214 | | 67082. Subsequent to the first election of members under this chapter, persons Persons to be elected to the commission shall be selected pursuant to nomination and election procedures adopted by the commission and concurred in by the secretary. |
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| 215 | 215 | | |
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| 216 | 216 | | 67082. Subsequent to the first election of members under this chapter, persons Persons to be elected to the commission shall be selected pursuant to nomination and election procedures adopted by the commission and concurred in by the secretary. |
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| 217 | 217 | | |
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| 218 | 218 | | 67082. Subsequent to the first election of members under this chapter, persons Persons to be elected to the commission shall be selected pursuant to nomination and election procedures adopted by the commission and concurred in by the secretary. |
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| 219 | 219 | | |
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| 220 | 220 | | |
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| 221 | 221 | | |
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| 222 | 222 | | 67082. Subsequent to the first election of members under this chapter, persons Persons to be elected to the commission shall be selected pursuant to nomination and election procedures adopted by the commission and concurred in by the secretary. |
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| 223 | 223 | | |
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| 224 | 224 | | SEC. 10. Section 67091 of the Food and Agricultural Code is amended to read:67091. The powers and duties of the commission include, but are not limited to, all of the following:(a) Adopt and, from time to time, alter, rescind, modify, and amend all proper and necessary rules, procedures, and orders procedures to carry out this chapter and in the exercise of its powers and the performance of its duties, including the adoption of rules procedures to regulate appeals from any rule, procedure, or order action of the commission.(b) Administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with or deemed reasonably necessary, proper, or advisable to effectuate the purposes of this chapter.(c) Employ a person, to serve, at the pleasure of the commission, as president and chief executive officer of the commission and other personnel, including legal counsel.(d) Establish offices, incur expenses, enter into any and all contracts and agreements, and create liabilities and borrow funds in advance of receipt of assessments that may be necessary, at the discretion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties.(e) Keep accurate books, records, and accounts of all of its dealings, which books, records, and accounts are subject to an annual independent audit by an auditing firm approved by the secretary. The independent audit shall be made a part of an annual report to all producers and handlers of avocados, copies of which shall also be submitted to the Legislature. In addition, the secretary may, as he or she the secretary determines necessary, conduct, or cause to be conducted, a fiscal and compliance audit of the commission.(f) Promote the sale of avocados by advertising and other promotional means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for avocados and to educate and instruct the public with respect to avocados and the uses of the several varieties and the healthful properties and nutritional value of avocados.(g) Enter into cost-sharing advertising with other products considered, by the commission, to be fair and equitable to both parties.(h) Educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling avocados; arrange for the performance of dealer service work providing display and other promotional materials; make market and inventory surveys and analyses; present facts to and negotiate with state, federal, and foreign agencies on matters which affect the avocado industry; and undertake any other activities which that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new markets for avocados.(i) Make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts or agreements that the commission may deem necessary for the promotion of the sale of avocados.(j) Conduct and contract with others to conduct scientific research, including the study, analysis, dissemination, and accumulation of information obtained from the research or elsewhere respecting the inventory, marketing, and distribution of avocados. The results of any research conducted by or on behalf of the commission may be used by the commission in any way it deems appropriate, and notwithstanding any other provision of law, may be maintained in confidence by the commission and not disseminated to any person not subject to this chapter.(k) Accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or to local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California avocado industry.(l) Publish and distribute without charge, a bulletin or other communication for dissemination of information relating to inventory, marketing, and other information of value to the commission and the avocado industry to producers, handlers, and the public.(m) Establish an assessment rate to defray operating costs of the commission.(n) Establish an annual budget.(o) Investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations of this chapter.(p) Carry out the requirements prescribed in Chapter 9 (commencing with Section 44971) of Division 17.(q) To provide to the secretary, on a quarterly basis, a summary of the programs, activities, and costs under review for the next marketing season.(r) Require producers to provide information as determined by the commission pertaining to the locations at which avocados are produced and the annual volume of avocados produced at each location. The information shall be provided in a time and manner prescribed by the commission and shall be subject to the confidentiality provisions of Section 67104.(s) Utilize Use information provided to the commission for the purposes of food safety, communications, reapportionment of districts, and the conduct of elections and referenda. referenda, and any other matters related to the activities of the commission. |
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| 225 | 225 | | |
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| 226 | 226 | | SEC. 10. Section 67091 of the Food and Agricultural Code is amended to read: |
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| 227 | 227 | | |
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| 228 | 228 | | ### SEC. 10. |
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| 229 | 229 | | |
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| 230 | 230 | | 67091. The powers and duties of the commission include, but are not limited to, all of the following:(a) Adopt and, from time to time, alter, rescind, modify, and amend all proper and necessary rules, procedures, and orders procedures to carry out this chapter and in the exercise of its powers and the performance of its duties, including the adoption of rules procedures to regulate appeals from any rule, procedure, or order action of the commission.(b) Administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with or deemed reasonably necessary, proper, or advisable to effectuate the purposes of this chapter.(c) Employ a person, to serve, at the pleasure of the commission, as president and chief executive officer of the commission and other personnel, including legal counsel.(d) Establish offices, incur expenses, enter into any and all contracts and agreements, and create liabilities and borrow funds in advance of receipt of assessments that may be necessary, at the discretion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties.(e) Keep accurate books, records, and accounts of all of its dealings, which books, records, and accounts are subject to an annual independent audit by an auditing firm approved by the secretary. The independent audit shall be made a part of an annual report to all producers and handlers of avocados, copies of which shall also be submitted to the Legislature. In addition, the secretary may, as he or she the secretary determines necessary, conduct, or cause to be conducted, a fiscal and compliance audit of the commission.(f) Promote the sale of avocados by advertising and other promotional means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for avocados and to educate and instruct the public with respect to avocados and the uses of the several varieties and the healthful properties and nutritional value of avocados.(g) Enter into cost-sharing advertising with other products considered, by the commission, to be fair and equitable to both parties.(h) Educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling avocados; arrange for the performance of dealer service work providing display and other promotional materials; make market and inventory surveys and analyses; present facts to and negotiate with state, federal, and foreign agencies on matters which affect the avocado industry; and undertake any other activities which that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new markets for avocados.(i) Make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts or agreements that the commission may deem necessary for the promotion of the sale of avocados.(j) Conduct and contract with others to conduct scientific research, including the study, analysis, dissemination, and accumulation of information obtained from the research or elsewhere respecting the inventory, marketing, and distribution of avocados. The results of any research conducted by or on behalf of the commission may be used by the commission in any way it deems appropriate, and notwithstanding any other provision of law, may be maintained in confidence by the commission and not disseminated to any person not subject to this chapter.(k) Accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or to local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California avocado industry.(l) Publish and distribute without charge, a bulletin or other communication for dissemination of information relating to inventory, marketing, and other information of value to the commission and the avocado industry to producers, handlers, and the public.(m) Establish an assessment rate to defray operating costs of the commission.(n) Establish an annual budget.(o) Investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations of this chapter.(p) Carry out the requirements prescribed in Chapter 9 (commencing with Section 44971) of Division 17.(q) To provide to the secretary, on a quarterly basis, a summary of the programs, activities, and costs under review for the next marketing season.(r) Require producers to provide information as determined by the commission pertaining to the locations at which avocados are produced and the annual volume of avocados produced at each location. The information shall be provided in a time and manner prescribed by the commission and shall be subject to the confidentiality provisions of Section 67104.(s) Utilize Use information provided to the commission for the purposes of food safety, communications, reapportionment of districts, and the conduct of elections and referenda. referenda, and any other matters related to the activities of the commission. |
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| 231 | 231 | | |
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| 232 | 232 | | 67091. The powers and duties of the commission include, but are not limited to, all of the following:(a) Adopt and, from time to time, alter, rescind, modify, and amend all proper and necessary rules, procedures, and orders procedures to carry out this chapter and in the exercise of its powers and the performance of its duties, including the adoption of rules procedures to regulate appeals from any rule, procedure, or order action of the commission.(b) Administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with or deemed reasonably necessary, proper, or advisable to effectuate the purposes of this chapter.(c) Employ a person, to serve, at the pleasure of the commission, as president and chief executive officer of the commission and other personnel, including legal counsel.(d) Establish offices, incur expenses, enter into any and all contracts and agreements, and create liabilities and borrow funds in advance of receipt of assessments that may be necessary, at the discretion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties.(e) Keep accurate books, records, and accounts of all of its dealings, which books, records, and accounts are subject to an annual independent audit by an auditing firm approved by the secretary. The independent audit shall be made a part of an annual report to all producers and handlers of avocados, copies of which shall also be submitted to the Legislature. In addition, the secretary may, as he or she the secretary determines necessary, conduct, or cause to be conducted, a fiscal and compliance audit of the commission.(f) Promote the sale of avocados by advertising and other promotional means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for avocados and to educate and instruct the public with respect to avocados and the uses of the several varieties and the healthful properties and nutritional value of avocados.(g) Enter into cost-sharing advertising with other products considered, by the commission, to be fair and equitable to both parties.(h) Educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling avocados; arrange for the performance of dealer service work providing display and other promotional materials; make market and inventory surveys and analyses; present facts to and negotiate with state, federal, and foreign agencies on matters which affect the avocado industry; and undertake any other activities which that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new markets for avocados.(i) Make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts or agreements that the commission may deem necessary for the promotion of the sale of avocados.(j) Conduct and contract with others to conduct scientific research, including the study, analysis, dissemination, and accumulation of information obtained from the research or elsewhere respecting the inventory, marketing, and distribution of avocados. The results of any research conducted by or on behalf of the commission may be used by the commission in any way it deems appropriate, and notwithstanding any other provision of law, may be maintained in confidence by the commission and not disseminated to any person not subject to this chapter.(k) Accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or to local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California avocado industry.(l) Publish and distribute without charge, a bulletin or other communication for dissemination of information relating to inventory, marketing, and other information of value to the commission and the avocado industry to producers, handlers, and the public.(m) Establish an assessment rate to defray operating costs of the commission.(n) Establish an annual budget.(o) Investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations of this chapter.(p) Carry out the requirements prescribed in Chapter 9 (commencing with Section 44971) of Division 17.(q) To provide to the secretary, on a quarterly basis, a summary of the programs, activities, and costs under review for the next marketing season.(r) Require producers to provide information as determined by the commission pertaining to the locations at which avocados are produced and the annual volume of avocados produced at each location. The information shall be provided in a time and manner prescribed by the commission and shall be subject to the confidentiality provisions of Section 67104.(s) Utilize Use information provided to the commission for the purposes of food safety, communications, reapportionment of districts, and the conduct of elections and referenda. referenda, and any other matters related to the activities of the commission. |
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| 233 | 233 | | |
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| 234 | 234 | | 67091. The powers and duties of the commission include, but are not limited to, all of the following:(a) Adopt and, from time to time, alter, rescind, modify, and amend all proper and necessary rules, procedures, and orders procedures to carry out this chapter and in the exercise of its powers and the performance of its duties, including the adoption of rules procedures to regulate appeals from any rule, procedure, or order action of the commission.(b) Administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with or deemed reasonably necessary, proper, or advisable to effectuate the purposes of this chapter.(c) Employ a person, to serve, at the pleasure of the commission, as president and chief executive officer of the commission and other personnel, including legal counsel.(d) Establish offices, incur expenses, enter into any and all contracts and agreements, and create liabilities and borrow funds in advance of receipt of assessments that may be necessary, at the discretion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties.(e) Keep accurate books, records, and accounts of all of its dealings, which books, records, and accounts are subject to an annual independent audit by an auditing firm approved by the secretary. The independent audit shall be made a part of an annual report to all producers and handlers of avocados, copies of which shall also be submitted to the Legislature. In addition, the secretary may, as he or she the secretary determines necessary, conduct, or cause to be conducted, a fiscal and compliance audit of the commission.(f) Promote the sale of avocados by advertising and other promotional means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for avocados and to educate and instruct the public with respect to avocados and the uses of the several varieties and the healthful properties and nutritional value of avocados.(g) Enter into cost-sharing advertising with other products considered, by the commission, to be fair and equitable to both parties.(h) Educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling avocados; arrange for the performance of dealer service work providing display and other promotional materials; make market and inventory surveys and analyses; present facts to and negotiate with state, federal, and foreign agencies on matters which affect the avocado industry; and undertake any other activities which that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new markets for avocados.(i) Make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts or agreements that the commission may deem necessary for the promotion of the sale of avocados.(j) Conduct and contract with others to conduct scientific research, including the study, analysis, dissemination, and accumulation of information obtained from the research or elsewhere respecting the inventory, marketing, and distribution of avocados. The results of any research conducted by or on behalf of the commission may be used by the commission in any way it deems appropriate, and notwithstanding any other provision of law, may be maintained in confidence by the commission and not disseminated to any person not subject to this chapter.(k) Accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or to local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California avocado industry.(l) Publish and distribute without charge, a bulletin or other communication for dissemination of information relating to inventory, marketing, and other information of value to the commission and the avocado industry to producers, handlers, and the public.(m) Establish an assessment rate to defray operating costs of the commission.(n) Establish an annual budget.(o) Investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations of this chapter.(p) Carry out the requirements prescribed in Chapter 9 (commencing with Section 44971) of Division 17.(q) To provide to the secretary, on a quarterly basis, a summary of the programs, activities, and costs under review for the next marketing season.(r) Require producers to provide information as determined by the commission pertaining to the locations at which avocados are produced and the annual volume of avocados produced at each location. The information shall be provided in a time and manner prescribed by the commission and shall be subject to the confidentiality provisions of Section 67104.(s) Utilize Use information provided to the commission for the purposes of food safety, communications, reapportionment of districts, and the conduct of elections and referenda. referenda, and any other matters related to the activities of the commission. |
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| 235 | 235 | | |
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| 236 | 236 | | |
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| 237 | 237 | | |
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| 238 | 238 | | 67091. The powers and duties of the commission include, but are not limited to, all of the following: |
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| 239 | 239 | | |
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| 240 | 240 | | (a) Adopt and, from time to time, alter, rescind, modify, and amend all proper and necessary rules, procedures, and orders procedures to carry out this chapter and in the exercise of its powers and the performance of its duties, including the adoption of rules procedures to regulate appeals from any rule, procedure, or order action of the commission. |
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| 241 | 241 | | |
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| 242 | 242 | | (b) Administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with or deemed reasonably necessary, proper, or advisable to effectuate the purposes of this chapter. |
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| 243 | 243 | | |
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| 244 | 244 | | (c) Employ a person, to serve, at the pleasure of the commission, as president and chief executive officer of the commission and other personnel, including legal counsel. |
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| 245 | 245 | | |
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| 246 | 246 | | (d) Establish offices, incur expenses, enter into any and all contracts and agreements, and create liabilities and borrow funds in advance of receipt of assessments that may be necessary, at the discretion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties. |
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| 247 | 247 | | |
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| 248 | 248 | | (e) Keep accurate books, records, and accounts of all of its dealings, which books, records, and accounts are subject to an annual independent audit by an auditing firm approved by the secretary. The independent audit shall be made a part of an annual report to all producers and handlers of avocados, copies of which shall also be submitted to the Legislature. In addition, the secretary may, as he or she the secretary determines necessary, conduct, or cause to be conducted, a fiscal and compliance audit of the commission. |
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| 249 | 249 | | |
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| 250 | 250 | | (f) Promote the sale of avocados by advertising and other promotional means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for avocados and to educate and instruct the public with respect to avocados and the uses of the several varieties and the healthful properties and nutritional value of avocados. |
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| 251 | 251 | | |
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| 252 | 252 | | (g) Enter into cost-sharing advertising with other products considered, by the commission, to be fair and equitable to both parties. |
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| 253 | 253 | | |
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| 254 | 254 | | (h) Educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling avocados; arrange for the performance of dealer service work providing display and other promotional materials; make market and inventory surveys and analyses; present facts to and negotiate with state, federal, and foreign agencies on matters which affect the avocado industry; and undertake any other activities which that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new markets for avocados. |
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| 255 | 255 | | |
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| 256 | 256 | | (i) Make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts or agreements that the commission may deem necessary for the promotion of the sale of avocados. |
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| 257 | 257 | | |
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| 258 | 258 | | (j) Conduct and contract with others to conduct scientific research, including the study, analysis, dissemination, and accumulation of information obtained from the research or elsewhere respecting the inventory, marketing, and distribution of avocados. The results of any research conducted by or on behalf of the commission may be used by the commission in any way it deems appropriate, and notwithstanding any other provision of law, may be maintained in confidence by the commission and not disseminated to any person not subject to this chapter. |
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| 259 | 259 | | |
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| 260 | 260 | | (k) Accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or to local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California avocado industry. |
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| 261 | 261 | | |
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| 262 | 262 | | (l) Publish and distribute without charge, a bulletin or other communication for dissemination of information relating to inventory, marketing, and other information of value to the commission and the avocado industry to producers, handlers, and the public. |
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| 263 | 263 | | |
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| 264 | 264 | | (m) Establish an assessment rate to defray operating costs of the commission. |
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| 265 | 265 | | |
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| 266 | 266 | | (n) Establish an annual budget. |
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| 267 | 267 | | |
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| 268 | 268 | | (o) Investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations of this chapter. |
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| 269 | 269 | | |
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| 270 | 270 | | (p) Carry out the requirements prescribed in Chapter 9 (commencing with Section 44971) of Division 17. |
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| 271 | 271 | | |
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| 272 | 272 | | (q) To provide to the secretary, on a quarterly basis, a summary of the programs, activities, and costs under review for the next marketing season. |
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| 273 | 273 | | |
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| 274 | 274 | | (r) Require producers to provide information as determined by the commission pertaining to the locations at which avocados are produced and the annual volume of avocados produced at each location. The information shall be provided in a time and manner prescribed by the commission and shall be subject to the confidentiality provisions of Section 67104. |
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| 275 | 275 | | |
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| 276 | 276 | | (s) Utilize Use information provided to the commission for the purposes of food safety, communications, reapportionment of districts, and the conduct of elections and referenda. referenda, and any other matters related to the activities of the commission. |
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| 277 | 277 | | |
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| 278 | 278 | | SEC. 11. Section 67101 of the Food and Agricultural Code is amended to read:67101. (a) The commission shall, not later than November 1 of each year, establish the assessment as a fixed rate or percentage of value for the following marketing season beginning November 1st 1, and ending October 31st. In no event shall the 31. The assessment shall not exceed 61/2 percent of the gross dollar value of the years sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Expenditures for administrative purposes within the maximum assessment shall not exceed 21/2 percent of the gross dollar value of sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Assessments provided for in this section shall be upon the producer. The handler shall deduct that assessment from either amounts paid by him or her to the producer or amounts retained by him or her the handler if the handler is also the producer, and the handler shall be a trustee of those funds until they are paid to the commission at the time and in the manner prescribed by the commission.In no event shall the(b) The combined assessment of the commission and any state marketing order shall not exceed 61/2 percent of the gross value of the years sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. |
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| 279 | 279 | | |
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| 280 | 280 | | SEC. 11. Section 67101 of the Food and Agricultural Code is amended to read: |
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| 281 | 281 | | |
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| 282 | 282 | | ### SEC. 11. |
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| 283 | 283 | | |
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| 284 | 284 | | 67101. (a) The commission shall, not later than November 1 of each year, establish the assessment as a fixed rate or percentage of value for the following marketing season beginning November 1st 1, and ending October 31st. In no event shall the 31. The assessment shall not exceed 61/2 percent of the gross dollar value of the years sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Expenditures for administrative purposes within the maximum assessment shall not exceed 21/2 percent of the gross dollar value of sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Assessments provided for in this section shall be upon the producer. The handler shall deduct that assessment from either amounts paid by him or her to the producer or amounts retained by him or her the handler if the handler is also the producer, and the handler shall be a trustee of those funds until they are paid to the commission at the time and in the manner prescribed by the commission.In no event shall the(b) The combined assessment of the commission and any state marketing order shall not exceed 61/2 percent of the gross value of the years sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. |
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| 285 | 285 | | |
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| 286 | 286 | | 67101. (a) The commission shall, not later than November 1 of each year, establish the assessment as a fixed rate or percentage of value for the following marketing season beginning November 1st 1, and ending October 31st. In no event shall the 31. The assessment shall not exceed 61/2 percent of the gross dollar value of the years sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Expenditures for administrative purposes within the maximum assessment shall not exceed 21/2 percent of the gross dollar value of sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Assessments provided for in this section shall be upon the producer. The handler shall deduct that assessment from either amounts paid by him or her to the producer or amounts retained by him or her the handler if the handler is also the producer, and the handler shall be a trustee of those funds until they are paid to the commission at the time and in the manner prescribed by the commission.In no event shall the(b) The combined assessment of the commission and any state marketing order shall not exceed 61/2 percent of the gross value of the years sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. |
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| 287 | 287 | | |
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| 288 | 288 | | 67101. (a) The commission shall, not later than November 1 of each year, establish the assessment as a fixed rate or percentage of value for the following marketing season beginning November 1st 1, and ending October 31st. In no event shall the 31. The assessment shall not exceed 61/2 percent of the gross dollar value of the years sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Expenditures for administrative purposes within the maximum assessment shall not exceed 21/2 percent of the gross dollar value of sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Assessments provided for in this section shall be upon the producer. The handler shall deduct that assessment from either amounts paid by him or her to the producer or amounts retained by him or her the handler if the handler is also the producer, and the handler shall be a trustee of those funds until they are paid to the commission at the time and in the manner prescribed by the commission.In no event shall the(b) The combined assessment of the commission and any state marketing order shall not exceed 61/2 percent of the gross value of the years sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. |
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| 289 | 289 | | |
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| 290 | 290 | | |
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| 291 | 291 | | |
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| 292 | 292 | | 67101. (a) The commission shall, not later than November 1 of each year, establish the assessment as a fixed rate or percentage of value for the following marketing season beginning November 1st 1, and ending October 31st. In no event shall the 31. The assessment shall not exceed 61/2 percent of the gross dollar value of the years sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Expenditures for administrative purposes within the maximum assessment shall not exceed 21/2 percent of the gross dollar value of sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. Assessments provided for in this section shall be upon the producer. The handler shall deduct that assessment from either amounts paid by him or her to the producer or amounts retained by him or her the handler if the handler is also the producer, and the handler shall be a trustee of those funds until they are paid to the commission at the time and in the manner prescribed by the commission. |
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| 293 | 293 | | |
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| 294 | 294 | | In no event shall the |
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| 295 | 295 | | |
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| 296 | 296 | | |
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| 297 | 297 | | |
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| 298 | 298 | | (b) The combined assessment of the commission and any state marketing order shall not exceed 61/2 percent of the gross value of the years sales of avocados by all producers to handlers, or which are sold by handlers on behalf of producers. |
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| 299 | 299 | | |
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| 300 | 300 | | SEC. 12. Section 67133 of the Food and Agricultural Code is amended to read:67133. After the effective date of suspension of this chapter and of the commission, the operations of the commission shall be wound up, and any asset of the commission shall be liquidated and the proceeds, along with any and all moneys remaining held by the commission, collected by assessment and not required to defray the expenses of winding up and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding current marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of a pro rata refund to those persons, any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid to any existing state or federally authorized avocado program. If no program exists, the moneys shall be paid into the State Treasury as unclaimed trust moneys. into an appropriate state or federal program or used to fund activities related to the subject matter of this chapter. |
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| 301 | 301 | | |
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| 302 | 302 | | SEC. 12. Section 67133 of the Food and Agricultural Code is amended to read: |
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| 303 | 303 | | |
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| 304 | 304 | | ### SEC. 12. |
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| 305 | 305 | | |
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| 306 | 306 | | 67133. After the effective date of suspension of this chapter and of the commission, the operations of the commission shall be wound up, and any asset of the commission shall be liquidated and the proceeds, along with any and all moneys remaining held by the commission, collected by assessment and not required to defray the expenses of winding up and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding current marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of a pro rata refund to those persons, any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid to any existing state or federally authorized avocado program. If no program exists, the moneys shall be paid into the State Treasury as unclaimed trust moneys. into an appropriate state or federal program or used to fund activities related to the subject matter of this chapter. |
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| 307 | 307 | | |
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| 308 | 308 | | 67133. After the effective date of suspension of this chapter and of the commission, the operations of the commission shall be wound up, and any asset of the commission shall be liquidated and the proceeds, along with any and all moneys remaining held by the commission, collected by assessment and not required to defray the expenses of winding up and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding current marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of a pro rata refund to those persons, any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid to any existing state or federally authorized avocado program. If no program exists, the moneys shall be paid into the State Treasury as unclaimed trust moneys. into an appropriate state or federal program or used to fund activities related to the subject matter of this chapter. |
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| 309 | 309 | | |
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| 310 | 310 | | 67133. After the effective date of suspension of this chapter and of the commission, the operations of the commission shall be wound up, and any asset of the commission shall be liquidated and the proceeds, along with any and all moneys remaining held by the commission, collected by assessment and not required to defray the expenses of winding up and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding current marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of a pro rata refund to those persons, any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid to any existing state or federally authorized avocado program. If no program exists, the moneys shall be paid into the State Treasury as unclaimed trust moneys. into an appropriate state or federal program or used to fund activities related to the subject matter of this chapter. |
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| 311 | 311 | | |
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| 312 | 312 | | |
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| 313 | 313 | | |
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| 314 | 314 | | 67133. After the effective date of suspension of this chapter and of the commission, the operations of the commission shall be wound up, and any asset of the commission shall be liquidated and the proceeds, along with any and all moneys remaining held by the commission, collected by assessment and not required to defray the expenses of winding up and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding current marketing season. However, if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of a pro rata refund to those persons, any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid to any existing state or federally authorized avocado program. If no program exists, the moneys shall be paid into the State Treasury as unclaimed trust moneys. into an appropriate state or federal program or used to fund activities related to the subject matter of this chapter. |
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| 315 | 315 | | |
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| 316 | 316 | | SEC. 13. Section 75601 of the Food and Agricultural Code is amended to read:75601. (a) The commission may recommend to the secretary the adoption of maturity standards and quality standards or product labeling standards, or engage in any other activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21) that are in accordance with the procedures specified in that act, unless otherwise specified in this article.(b) Any standards that are adopted shall be implemented by the secretary at the beginning of the marketing year next succeeding the date in on which they were approved by the secretary.(c) Any standards recommended by the commission and approved by the secretary shall not be operative until approved by the vote specified in Section 75612.(d) The commission shall serve as the advisory body to the secretary on all matters pertaining to this section. |
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| 317 | 317 | | |
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| 318 | 318 | | SEC. 13. Section 75601 of the Food and Agricultural Code is amended to read: |
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| 319 | 319 | | |
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| 320 | 320 | | ### SEC. 13. |
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| 321 | 321 | | |
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| 322 | 322 | | 75601. (a) The commission may recommend to the secretary the adoption of maturity standards and quality standards or product labeling standards, or engage in any other activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21) that are in accordance with the procedures specified in that act, unless otherwise specified in this article.(b) Any standards that are adopted shall be implemented by the secretary at the beginning of the marketing year next succeeding the date in on which they were approved by the secretary.(c) Any standards recommended by the commission and approved by the secretary shall not be operative until approved by the vote specified in Section 75612.(d) The commission shall serve as the advisory body to the secretary on all matters pertaining to this section. |
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| 323 | 323 | | |
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| 324 | 324 | | 75601. (a) The commission may recommend to the secretary the adoption of maturity standards and quality standards or product labeling standards, or engage in any other activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21) that are in accordance with the procedures specified in that act, unless otherwise specified in this article.(b) Any standards that are adopted shall be implemented by the secretary at the beginning of the marketing year next succeeding the date in on which they were approved by the secretary.(c) Any standards recommended by the commission and approved by the secretary shall not be operative until approved by the vote specified in Section 75612.(d) The commission shall serve as the advisory body to the secretary on all matters pertaining to this section. |
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| 325 | 325 | | |
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| 326 | 326 | | 75601. (a) The commission may recommend to the secretary the adoption of maturity standards and quality standards or product labeling standards, or engage in any other activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21) that are in accordance with the procedures specified in that act, unless otherwise specified in this article.(b) Any standards that are adopted shall be implemented by the secretary at the beginning of the marketing year next succeeding the date in on which they were approved by the secretary.(c) Any standards recommended by the commission and approved by the secretary shall not be operative until approved by the vote specified in Section 75612.(d) The commission shall serve as the advisory body to the secretary on all matters pertaining to this section. |
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| 327 | 327 | | |
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| 328 | 328 | | |
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| 329 | 329 | | |
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| 330 | 330 | | 75601. (a) The commission may recommend to the secretary the adoption of maturity standards and quality standards or product labeling standards, or engage in any other activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21) that are in accordance with the procedures specified in that act, unless otherwise specified in this article. |
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| 331 | 331 | | |
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| 332 | 332 | | (b) Any standards that are adopted shall be implemented by the secretary at the beginning of the marketing year next succeeding the date in on which they were approved by the secretary. |
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| 333 | 333 | | |
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| 334 | 334 | | (c) Any standards recommended by the commission and approved by the secretary shall not be operative until approved by the vote specified in Section 75612. |
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| 335 | 335 | | |
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| 336 | 336 | | (d) The commission shall serve as the advisory body to the secretary on all matters pertaining to this section. |
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| 337 | 337 | | |
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| 338 | 338 | | SEC. 14. Section 79818 of the Food and Agricultural Code is amended to read:79818. (a) Handler means a person who engages, in this state, in the operation of marketing olive oil processing or milling of olives into olive oil that he or she the handler has produced, or purchased or acquired from an olive producer, or that he or she is marketing toll processes or mills olives on behalf of an olive 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. |
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| 339 | 339 | | |
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| 340 | 340 | | SEC. 14. Section 79818 of the Food and Agricultural Code is amended to read: |
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| 341 | 341 | | |
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| 342 | 342 | | ### SEC. 14. |
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| 343 | 343 | | |
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| 344 | 344 | | 79818. (a) Handler means a person who engages, in this state, in the operation of marketing olive oil processing or milling of olives into olive oil that he or she the handler has produced, or purchased or acquired from an olive producer, or that he or she is marketing toll processes or mills olives on behalf of an olive 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. |
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| 345 | 345 | | |
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| 346 | 346 | | 79818. (a) Handler means a person who engages, in this state, in the operation of marketing olive oil processing or milling of olives into olive oil that he or she the handler has produced, or purchased or acquired from an olive producer, or that he or she is marketing toll processes or mills olives on behalf of an olive 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. |
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| 347 | 347 | | |
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| 348 | 348 | | 79818. (a) Handler means a person who engages, in this state, in the operation of marketing olive oil processing or milling of olives into olive oil that he or she the handler has produced, or purchased or acquired from an olive producer, or that he or she is marketing toll processes or mills olives on behalf of an olive 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. |
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| 349 | 349 | | |
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| 350 | 350 | | |
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| 351 | 351 | | |
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| 352 | 352 | | 79818. (a) Handler means a person who engages, in this state, in the operation of marketing olive oil processing or milling of olives into olive oil that he or she the handler has produced, or purchased or acquired from an olive producer, or that he or she is marketing toll processes or mills olives on behalf of an olive producer, whether as owner, agent, employee, broker, or otherwise. |
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| 353 | 353 | | |
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| 354 | 354 | | (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. |
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| 355 | 355 | | |
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| 356 | 356 | | (c)Handler does not include a retailer. |
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| 357 | 357 | | |
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| 358 | 358 | | |
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| 359 | 359 | | |
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| 360 | 360 | | SEC. 15. Section 79821 of the Food and Agricultural Code is amended to read:79821. Producer means any a person that produces or causes to be produced olives that are processed or toll processed into olive oil in the amount of 5,000 gallons or more during the marketing season and that shall, upon request of the commission, provide proof of commodity sale. |
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| 361 | 361 | | |
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| 362 | 362 | | SEC. 15. Section 79821 of the Food and Agricultural Code is amended to read: |
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| 363 | 363 | | |
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| 364 | 364 | | ### SEC. 15. |
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| 365 | 365 | | |
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| 366 | 366 | | 79821. Producer means any a person that produces or causes to be produced olives that are processed or toll processed into olive oil in the amount of 5,000 gallons or more during the marketing season and that shall, upon request of the commission, provide proof of commodity sale. |
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| 367 | 367 | | |
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| 368 | 368 | | 79821. Producer means any a person that produces or causes to be produced olives that are processed or toll processed into olive oil in the amount of 5,000 gallons or more during the marketing season and that shall, upon request of the commission, provide proof of commodity sale. |
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| 369 | 369 | | |
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| 370 | 370 | | 79821. Producer means any a person that produces or causes to be produced olives that are processed or toll processed into olive oil in the amount of 5,000 gallons or more during the marketing season and that shall, upon request of the commission, provide proof of commodity sale. |
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| 371 | 371 | | |
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| 372 | 372 | | |
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| 373 | 373 | | |
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| 374 | 374 | | 79821. Producer means any a person that produces or causes to be produced olives that are processed or toll processed into olive oil in the amount of 5,000 gallons or more during the marketing season and that shall, upon request of the commission, provide proof of commodity sale. |
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| 375 | 375 | | |
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| 376 | 376 | | SEC. 16. Section 79824 is added to the Food and Agricultural Code, to read:79824. Toll processor means to process or mill olives into olive oil on behalf of a producer. |
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| 377 | 377 | | |
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| 378 | 378 | | SEC. 16. Section 79824 is added to the Food and Agricultural Code, to read: |
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| 379 | 379 | | |
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| 380 | 380 | | ### SEC. 16. |
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| 381 | 381 | | |
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| 382 | 382 | | 79824. Toll processor means to process or mill olives into olive oil on behalf of a producer. |
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| 383 | 383 | | |
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| 384 | 384 | | 79824. Toll processor means to process or mill olives into olive oil on behalf of a producer. |
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| 385 | 385 | | |
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| 386 | 386 | | 79824. Toll processor means to process or mill olives into olive oil on behalf of a producer. |
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| 387 | 387 | | |
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| 388 | 388 | | |
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| 389 | 389 | | |
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| 390 | 390 | | 79824. Toll processor means to process or mill olives into olive oil on behalf of a producer. |
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